Comments on: 5 DAY NOTICES AND LATE FEES IN MILWAUKEE COUNTY http://petriestocking.com/blog/2009/05/08/5-day-notices-and-late-fees-in-milwaukee-county/ Tristan's Landlord - Tenant Law Blog Tue, 15 May 2012 19:37:19 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Tristan R. Pettit, Esq. http://petriestocking.com/blog/2009/05/08/5-day-notices-and-late-fees-in-milwaukee-county/comment-page-1/#comment-751 Tristan R. Pettit, Esq. Sat, 02 Oct 2010 14:13:48 +0000 http://petriestocking.com/blog/?p=18#comment-751 David -- Thanks for your question. You would need to (1) determine what the appropriate amount to charge them for this illegal usage is and (2) file a small claims collection action against them to obtain a money judgment. Truthfully, you are very fortunate that they left --- otherwise you would need to evict them for this breach of their lease. I have several blog posts on the collection of money judgments -- you may want to read them to assist you in determining whether or not it makes economic sense to even pursue the ex-tenant for the money judgment. Most tenants are not collectible, garnishment is difficult at best, and you may just be throwing good money after bad. the key thing is that they have moved out. T David — Thanks for your question. You would need to (1) determine what the appropriate amount to charge them for this illegal usage is and (2) file a small claims collection action against them to obtain a money judgment.

Truthfully, you are very fortunate that they left — otherwise you would need to evict them for this breach of their lease.

I have several blog posts on the collection of money judgments — you may want to read them to assist you in determining whether or not it makes economic sense to even pursue the ex-tenant for the money judgment. Most tenants are not collectible, garnishment is difficult at best, and you may just be throwing good money after bad. the key thing is that they have moved out.

T

]]> By: David Beyersdorf http://petriestocking.com/blog/2009/05/08/5-day-notices-and-late-fees-in-milwaukee-county/comment-page-1/#comment-750 David Beyersdorf Sat, 02 Oct 2010 01:51:38 +0000 http://petriestocking.com/blog/?p=18#comment-750 If a tenant has their electric power disconneted and then runs an extension cord into the basement and conects to building electicity, How do we recoup the charges? They moved out without paying their rent. If a tenant has their electric power disconneted and then runs an extension cord into the basement and conects to building electicity, How do we recoup the charges? They moved out without paying their rent.

]]> By: Tristan R. Pettit, Esq. http://petriestocking.com/blog/2009/05/08/5-day-notices-and-late-fees-in-milwaukee-county/comment-page-1/#comment-314 Tristan R. Pettit, Esq. Thu, 04 Mar 2010 23:41:15 +0000 http://petriestocking.com/blog/?p=18#comment-314 Good question. Calandar days are what I have always used and never had a problem. T Good question. Calandar days are what I have always used and never had a problem.

T

]]> By: Robert http://petriestocking.com/blog/2009/05/08/5-day-notices-and-late-fees-in-milwaukee-county/comment-page-1/#comment-313 Robert Thu, 04 Mar 2010 23:28:22 +0000 http://petriestocking.com/blog/?p=18#comment-313 With all these different DAY notices i.e (5 day, 14 day and 28 day notices) . What is the correct time frame for a day? Is the day to include weekends or is it just business day's M - F and no holidays? So if a 14 day notice is given it could take almost 3 calender weeks to finish out. With all these different DAY notices i.e (5 day, 14 day and 28 day notices) . What is the correct time frame for a day? Is the day to include weekends or is it just business day’s M – F and no holidays? So if a 14 day notice is given it could take almost 3 calender weeks to finish out.

]]> By: Tristan R. Pettit, Esq. http://petriestocking.com/blog/2009/05/08/5-day-notices-and-late-fees-in-milwaukee-county/comment-page-1/#comment-245 Tristan R. Pettit, Esq. Tue, 29 Dec 2009 23:02:58 +0000 http://petriestocking.com/blog/?p=18#comment-245 Chris -- Thanks for your comment. I am not sure that I understood all of your question. But from reading your comment it seems that your tenant is several months behind in paying rent and that they are on a term lease that ends sometime in the near future. The rest of the information is not entitely clear to me. If a tenant doesn't pay rent you need to serve them with the proper notice form as a prerequisite to filing an eviction lawsuit. There are 5 day, 14 day and 28 day notices among others. If you have a lease for term in place then your options are a 5 day or a 14 day notice depending on if there has been a prior (similar) breach within the prior 12 month period. If your lease is for more than a year then you may be required to give a 30 day notice depending on how your lease is written. You should consult with an attorney in your area to assist you in drafting the proper notice to serve the tenant. If a tenant isn't paying rent I would not allow them to continue residing in my rental property. If your lease is for a specific term then the tenant is responsible for rent for the full term (subject to my comments below). So if your lease has a 60 day notice requirement that does not mean that the tenant can legally vacate during the lease term if they give a 60 day notice. Typically what the 60 day notice means in a term lease (and I cannot tell you for sure without having reviewed your specific lease) is that the tenant should give the landlord a full 60 days notice if they intend to leave after the lease term expires. If a tenant fails to do this however, is my opinion that you cannot hold the tenant responsible for 2 additional month's rent beyond the lease term. They signed a term lease and they are only responsible for paying rent for that term. The 60 day notice requirement is a tactic used by some landlords to assist them in keeping tabsd on what tenants are staying and what ones are leaving. It still is the responsibility of the landlord to follow up with the tenant prior to the end of the term so that s/he will know whether or not the tenant is leaving or not. Once a tenant has vacated prior to the ending of the lease term (whether on their own accord or via an eviction) the tenant may be responsible for paying the remaining term. The landlord has a duty to mitigate the tenant's damages (i.e. rent) - so the Landlord must make reasonable efforts to re-rent the unit for the tenant. The Tenant will be responsible for any re-rental costs (such asadvertising costs). If the landlord attempts to re-rent the unit and is unable to find a new renter then the tenant will still be responsible for paying rent. If you are able to re-rent the unit for the tenant then his/her obligation to pay rent ends once it is re-rented. I hope that helps. Chris — Thanks for your comment. I am not sure that I understood all of your question. But from reading your comment it seems that your tenant is several months behind in paying rent and that they are on a term lease that ends sometime in the near future. The rest of the information is not entitely clear to me.

If a tenant doesn’t pay rent you need to serve them with the proper notice form as a prerequisite to filing an eviction lawsuit. There are 5 day, 14 day and 28 day notices among others. If you have a lease for term in place then your options are a 5 day or a 14 day notice depending on if there has been a prior (similar) breach within the prior 12 month period. If your lease is for more than a year then you may be required to give a 30 day notice depending on how your lease is written. You should consult with an attorney in your area to assist you in drafting the proper notice to serve the tenant. If a tenant isn’t paying rent I would not allow them to continue residing in my rental property.

If your lease is for a specific term then the tenant is responsible for rent for the full term (subject to my comments below). So if your lease has a 60 day notice requirement that does not mean that the tenant can legally vacate during the lease term if they give a 60 day notice. Typically what the 60 day notice means in a term lease (and I cannot tell you for sure without having reviewed your specific lease) is that the tenant should give the landlord a full 60 days notice if they intend to leave after the lease term expires. If a tenant fails to do this however, is my opinion that you cannot hold the tenant responsible for 2 additional month’s rent beyond the lease term. They signed a term lease and they are only responsible for paying rent for that term. The 60 day notice requirement is a tactic used by some landlords to assist them in keeping tabsd on what tenants are staying and what ones are leaving. It still is the responsibility of the landlord to follow up with the tenant prior to the end of the term so that s/he will know whether or not the tenant is leaving or not.

Once a tenant has vacated prior to the ending of the lease term (whether on their own accord or via an eviction) the tenant may be responsible for paying the remaining term. The landlord has a duty to mitigate the tenant’s damages (i.e. rent) – so the Landlord must make reasonable efforts to re-rent the unit for the tenant. The Tenant will be responsible for any re-rental costs (such asadvertising costs). If the landlord attempts to re-rent the unit and is unable to find a new renter then the tenant will still be responsible for paying rent. If you are able to re-rent the unit for the tenant then his/her obligation to pay rent ends once it is re-rented.

I hope that helps.

]]> By: Chris http://petriestocking.com/blog/2009/05/08/5-day-notices-and-late-fees-in-milwaukee-county/comment-page-1/#comment-242 Chris Tue, 29 Dec 2009 00:54:45 +0000 http://petriestocking.com/blog/?p=18#comment-242 Hi where can I get an answer for a tenant who has not paid all of the rent for nov & nothing for dec. In our rental agreement it states that you have to give a 60 day notice when moving out which we did not get. Can we hold them accountable for the next 2 months since it states in the contract we need a 60 day notice. Can I evict them now and hold them liable for the next 2 months of rent as its winter now and probably will not beable to rerent it being winter. Hi where can I get an answer for a tenant who has not paid all of the rent for nov & nothing for dec. In our rental agreement it states that you have to give a 60 day notice when moving out which we did not get. Can we hold them accountable for the next 2 months since it states in the contract we need a 60 day notice. Can I evict them now and hold them liable for the next 2 months of rent as its winter now and probably will not beable to rerent it being winter.

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