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  1. #1

    Default Can the Landlord Ban All Guests

    My question involves landlord-tenant law in the State of: Wisconsin

    In response to the ongoing coronavirus cases, a landlord has notified all tenants that nonessential guests are completely banned. Furthermore, they are stating that having guests will be regarded as a lease violation and appropriate action will be taken. Now, I understand respectfully asking people to not have guests, but trying to hold tenants in violation of their lease seems wrong. The existing lease only places these restrictions on guests: no more than 7 overnights per year without being added to lease, tenant is responsible for any guest damage and guests must adhere to all lease conditions. Banning all guests to the point of holding a tenant in violation of the lease seems like unilaterally modifying the lease, so my question is can a landlord ban all guests (including ones that don't stay overnight) and then hold tenants in violation of the lease for having guests?

  2. #2
    Join Date
    Mar 2013
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    Default Re: Can the Landlord Ban All Guests

    Quote Quoting Aquarius9217
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    can a landlord ban all guests (including ones that don't stay overnight) and then hold tenants in violation of the lease for having guests?
    Look, businesses are doing it, governments are mandating it and, frankly, I don't think it's such a bad idea to mandate it in an apartment building. Use some common sense and tell your friends and relatives to stay home.

    He can certainly give you notice of termination followed by commencing eviction proceedings in court. Whether or not such an eviction will hold up in court, given the deadly danger we are all facing, is anybody's guess.

    I think, however, that the following section of the Wisconsin landlord tenant statute might be stretched to cover the situation and allow an eviction.

    Chapter 704. Landlord and tenant.
    704.16 Termination of tenancy for imminent threat of serious physical harm.
    (3) Termination of tenancy by landlord.
    (a) In this subsection:
    1. “Community" has the meaning given in s. 710.15 (1) (ad).
    2. “Manufactured home" has the meaning given in s. 101.91 (2).
    3. “Mobile home" has the meaning given in s. 710.15 (1) (b).
    4. “Offending tenant" is a tenant whose tenancy is being terminated under this subsection.
    (b) A landlord may terminate the tenancy of an offending tenant if all of the following apply:
    1. The offending tenant commits one or more acts, including verbal threats, that cause another tenant, or a child of that other tenant, who occupies a dwelling unit in the same single-family rental unit, multiunit dwelling, or apartment complex, or a manufactured home or mobile home in the same community, as the offending tenant to face an imminent threat of serious physical harm from the offending tenant if the offending tenant remains on the premises.
    https://law.justia.com/codes/wiscons...ection-704.16/

    You are free to ignore the demand if you like.

  3. #3
    Join Date
    Jun 2010
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    658

    Default Re: Can the Landlord Ban All Guests

    Quote Quoting adjusterjack
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    Look, businesses are doing it, governments are mandating it
    Why do I now have an earworm of "Birds do it, Bees do it"...?

  4. #4
    Join Date
    Mar 2013
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    17,604

    Default Re: Can the Landlord Ban All Guests

    Quote Quoting jumanji
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    Why do I now have an earworm of "Birds do it, Bees do it"...?
    "Even educated fleas do it."

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