Comments on: Subscribe http://petriestocking.com/blog Tristan's Landlord - Tenant Law Blog Mon, 06 Feb 2012 19:59:42 +0000 hourly 1 http://wordpress.org/?v=3.1 By: Tristan R. Pettit, Esq. http://petriestocking.com/blog/subscribe/comment-page-1/#comment-1948 Tristan R. Pettit, Esq. Mon, 06 Feb 2012 19:49:34 +0000 http://petriestocking.com/blog/?page_id=51#comment-1948 Dennis -- You cannot hold a tenant's personal property in order to get them to pay rent. There are some situations in which a landlord will be considered to have a lien on a tenant's property for the amount of rent owed but that requires that the lien language be included in a nonstandard rental provisions document which the tenant reviewed and signed when entering into the landlord - tenant relationship. There are a lot fo areas where a landlord can make a mistake enforcing the lien and I generally do not reccomend that a landlord try to include lien language in the NSRP becasue if one detail is not followed then an argument can be made that the landlord violated ATCP 134 (which talks about the lien language) and the tenant can sue for double damages and atty. fees. I have not yet written a post on this issue - but maybe I should. In your facts as presented it sounds as if the tenant abandoned her property. Hopefully you complied with the abandoned proerty law and sent the tenant a notice of the abandoned property. If you did that then you only need hold the proeprty for 30 days after which you can dispose of it. If you gave that abandoned proeprty notice to the tenant you also can charge them a reasonable storage rate in order for them to claim the property (but that storage rate should not be related to the amount of rent owed or damage to the property etc). I should write a post about abandoned proeprty too -- thanks for the idea. Personally, I would just return the box of belonging to the tenant and get them to sign something that everything else can be disposed of. Then I would consider suing the tenant in small claims for the past due rent, damage to the proeprty and anything else that you may legally entitled to. Whether or not the ex-tenant is collectible is another issue . . . Dennis — You cannot hold a tenant’s personal property in order to get them to pay rent. There are some situations in which a landlord will be considered to have a lien on a tenant’s property for the amount of rent owed but that requires that the lien language be included in a nonstandard rental provisions document which the tenant reviewed and signed when entering into the landlord – tenant relationship.

There are a lot fo areas where a landlord can make a mistake enforcing the lien and I generally do not reccomend that a landlord try to include lien language in the NSRP becasue if one detail is not followed then an argument can be made that the landlord violated ATCP 134 (which talks about the lien language) and the tenant can sue for double damages and atty. fees. I have not yet written a post on this issue – but maybe I should.

In your facts as presented it sounds as if the tenant abandoned her property. Hopefully you complied with the abandoned proerty law and sent the tenant a notice of the abandoned property. If you did that then you only need hold the proeprty for 30 days after which you can dispose of it. If you gave that abandoned proeprty notice to the tenant you also can charge them a reasonable storage rate in order for them to claim the property (but that storage rate should not be related to the amount of rent owed or damage to the property etc). I should write a post about abandoned proeprty too — thanks for the idea.

Personally, I would just return the box of belonging to the tenant and get them to sign something that everything else can be disposed of. Then I would consider suing the tenant in small claims for the past due rent, damage to the proeprty and anything else that you may legally entitled to. Whether or not the ex-tenant is collectible is another issue . . .

]]> By: Dennis http://petriestocking.com/blog/subscribe/comment-page-1/#comment-1942 Dennis Mon, 06 Feb 2012 00:44:39 +0000 http://petriestocking.com/blog/?page_id=51#comment-1942 I have a situation where a tenant was evicted (court order) and had a deadline of the 29th. She moved out on the 4th leaving a fair amount of her property. After photographing everything in the condition it was left I had her property moved out that evening to a warehouse for storage.She then contacted me on the 5th wanted to pick up just one box. She owes me several months rent, the cost to move and store her property, cleaning and damage to the apartment. Can she request to pick up just one box of her items without paying anything? If so how many times can she do this before she has to pay, or do I just let her get her stuff and then when we go back to court present the costs at that time? Your blog is a great source of info for landlords and I utilize all the rental forms at WLP. Thanks and I will watch for your reply. I have a situation where a tenant was evicted (court order) and had a deadline of the 29th. She moved out on the 4th leaving a fair amount of her property. After photographing everything in the condition it was left I had her property moved out that evening to a warehouse for storage.She then contacted me on the 5th wanted to pick up just one box. She owes me several months rent, the cost to move and store her property, cleaning and damage to the apartment. Can she request to pick up just one box of her items without paying anything? If so how many times can she do this before she has to pay, or do I just let her get her stuff and then when we go back to court present the costs at that time?

Your blog is a great source of info for landlords and I utilize all the rental forms at WLP. Thanks and I will watch for your reply.

]]> By: Tristan R. Pettit, Esq. http://petriestocking.com/blog/subscribe/comment-page-1/#comment-1826 Tristan R. Pettit, Esq. Thu, 22 Dec 2011 23:01:21 +0000 http://petriestocking.com/blog/?page_id=51#comment-1826 Sarah -- A landlord is allowed to non renew a tenant's lease (unless it is a section 8 site-based project tenant or a tenant living in a mobile home) for any reason or no reason at all as long as the reason is not discriminatory or retaliatory. So you do have the right to not renew your tenant's lease if this is a market rate rental. You are not required to provide a reason for non-renewal to the tenant if it is a market rate rental.. You just want to insure that the reason you are not renewing is not discriminatory or retaliatory. Sarah — A landlord is allowed to non renew a tenant’s lease (unless it is a section 8 site-based project tenant or a tenant living in a mobile home) for any reason or no reason at all as long as the reason is not discriminatory or retaliatory. So you do have the right to not renew your tenant’s lease if this is a market rate rental. You are not required to provide a reason for non-renewal to the tenant if it is a market rate rental.. You just want to insure that the reason you are not renewing is not discriminatory or retaliatory.

]]> By: Sarah http://petriestocking.com/blog/subscribe/comment-page-1/#comment-1798 Sarah Wed, 14 Dec 2011 16:33:52 +0000 http://petriestocking.com/blog/?page_id=51#comment-1798 Tristin, I currently have a tenant in WI in which their lease will expire the end of January 2012. I do not want to continue the lease due to the following: they keep the premise very dirty, and they pay their rent late the majority of the time. I have never given them a notice of late rent. I have done a few inspections of the property (never taken pictures) but have had to have them fix a few things already. Can I and how should I let them know that their lease will not be renewed? Thx Tristin,

I currently have a tenant in WI in which their lease will expire the end of January 2012. I do not want to continue the lease due to the following: they keep the premise very dirty, and they pay their rent late the majority of the time. I have never given them a notice of late rent. I have done a few inspections of the property (never taken pictures) but have had to have them fix a few things already. Can I and how should I let them know that their lease will not be renewed? Thx

]]> By: Tristan R. Pettit, Esq. http://petriestocking.com/blog/subscribe/comment-page-1/#comment-1366 Tristan R. Pettit, Esq. Mon, 29 Aug 2011 21:58:48 +0000 http://petriestocking.com/blog/?page_id=51#comment-1366 Marcy -- I cannot give leagl advice via this blog. You should retain and consult with an attorney since there is a chance that this tenant will sue you for discrimination and/or file a discrimination complaint with the feds or state. Marcy — I cannot give leagl advice via this blog. You should retain and consult with an attorney since there is a chance that this tenant will sue you for discrimination and/or file a discrimination complaint with the feds or state.

]]> By: Marcy http://petriestocking.com/blog/subscribe/comment-page-1/#comment-1347 Marcy Tue, 23 Aug 2011 14:38:46 +0000 http://petriestocking.com/blog/?page_id=51#comment-1347 Love the site! I have been using it often. I have a tenant who pays a portion of his rent and balance is paid by section 8 housing. I only signed a month to month with him because of a variety of issues. I gave him 60 day notice to leave premises. He claims that I am "evicting" him because he is disabled and he will fight me and win in court because he is disabled. Although I cannot sue "section 8" should I still evict him if he "holds over"? I have avoided even re-renting unit because I fear he will not leave. Is he correct? Will they give me trouble in court because he is "disabled"? He has lists and lists of items he said he can "fight" us with, but basically I feel that in court all I have to prove is that I gave him proper notice, he didn't pay his rent, etc. Is that correct? Section 8 told me to evict him if he doesn't move out, but told me they will not continue to pay their portion of the rent once the notice has expired. I really don't care about the rent for a month or two-I just want him out. Any suggestions? Love the site! I have been using it often.
I have a tenant who pays a portion of his rent and balance is paid by section 8 housing. I only signed a month to month with him because of a variety of issues. I gave him 60 day notice to leave premises. He claims that I am “evicting” him because he is disabled and he will fight me and win in court because he is disabled. Although I cannot sue “section 8″ should I still evict him if he “holds over”? I have avoided even re-renting unit because I fear he will not leave. Is he correct? Will they give me trouble in court because he is “disabled”? He has lists and lists of items he said he can “fight” us with, but basically I feel that in court all I have to prove is that I gave him proper notice, he didn’t pay his rent, etc. Is that correct? Section 8 told me to evict him if he doesn’t move out, but told me they will not continue to pay their portion of the rent once the notice has expired. I really don’t care about the rent for a month or two-I just want him out. Any suggestions?

]]> By: Terri http://petriestocking.com/blog/subscribe/comment-page-1/#comment-1345 Terri Mon, 22 Aug 2011 15:41:09 +0000 http://petriestocking.com/blog/?page_id=51#comment-1345 FYI: Yes this took place in Wisconsin, Milwaukee County. FYI: Yes this took place in Wisconsin, Milwaukee County.

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