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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 18613
Experience:  B.A.; M.B.A.; J.D.
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I currently live in Arizona and my previous home as a rental

Customer Question

I currently live in Arizona and my previous home as a rental property in Milwaukee, Wisconsin, it is a duplex and both units are rented, with leases expiring at the end of this month. There are 3 tenants in each unit and both units are behind in their rent payments beyond what I have as security deposits. The first unit owes $1858.70 in back rent and late fees. The 2nd unit owes $2971.26 in back rent, utilities and late fees. I have $1450 in security deposit for 1st unit and $1400 for security deposit on 2nd unit. I do not think that they will willingly pay what they owe or possibly even move out at the expiration of the leases on May 31st. At this point, I can not afford to take this hit on owed money, but I can not have them remain in the units either, as I'd like to find new tenants for June 1st for both units. I was planning on mailing them via certified mail today a 5-day notice to pay rent or vacate premises. I do not have a lawyer, and am unsure if this is the correct process, and what I can expect as the outcome or what the next steps should be? I'd like to be able to see if I can handle this myself, since I am already at such a loss for money, but being out of state, I'm not sure how I should proceed. Any advice would be helpful. Thank you, Dan
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  Phillips Esq. replied 11 months ago.
You are on the right track. You have to first give the 5-day notice to pay or quit. Then if the rent is not paid, but the Tenants remain on the premises after the expiration of the 5-day notice, then you must file eviction action in Court and obtain Writ of Possession in order to remove the Tenants from the premises. Click on the PDF below for the step-by-step process: Click on the link below for forms including the 5-day notice to pay rent or vacate: Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this. Thank you for your cooperation.

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