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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4213
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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If I send registered mail (5 days to Pay or Quit) to a deadbeat

Customer Question

If I send registered mail (5 days to Pay or Quit) to a deadbeat tenant what happens if they do not pick up at the post office and it is returned to me after 3 tries?

It has been available for more than 5 days to the tenant. Can I go file the complaint and summons at the courthouse?

Thank you for your guidance!

CherieXXX@XXXXXX.XXX
Submitted: 5 years ago.
Category: Legal
Expert:  TexLaw replied 5 years ago.
HiCustomer Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:

-What city and state do you live in?

-Do you own the property where the tenant resides?

-Is the tenant up to date on rent?

-Are you seeking to evict the tenant?



Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.



Customer: replied 5 years ago.
I live in Antioch, IL (Lake County).

Yes, I own the property in Kenosha, WI.

Tenant missed April rent.

Yes, I want to evict him at this point. There have been other issues. This guy is trouble.

I think the tenant will evade the process server too. But I understand that if process is attempted 3 times and posted, then it is "legal" but I won't be reimbursed for court fees only past due rent (unless personally served or advertised in the newspaper). Is that right?

Expert:  TexLaw replied 5 years ago.
Hi

Thank you for submitting your important legal issue to Just Answer and responding to my questions. I am pleased to have the opportunity to provide you with an honest and easy to understand answer to your question.

I am an attorney licensed in the State of Texas. The following information is a brief answer to your question. However, if you feel that you need further information or that you have other insights which might help me in providing a better answer, please feel free to write back.

The statutory language which applies to you is as follows:
2) Tenancies under a lease for one year or less, and year-to-year tenancies.

(a) If a tenant under a lease for a term of one year or less, or a year-to-year tenant, fails to pay any instalment of rent when due, the tenant's tenancy is terminated if the landlord gives the tenant notice requiring the tenant to pay rent or vacate on or before a date at least 5 days after the giving of the notice and if the tenant fails to pay accordingly. If a tenant has been given such a notice and has paid the rent on or before the specified date, or been permitted by the landlord to remain in possession contrary to such notice, and if within one year of any prior default in payment of rent for which notice was given the tenant fails to pay a subsequent instalment of rent on time, the tenant's tenancy is terminated if the landlord, while the tenant is in default in payment of rent, gives the tenant notice to vacate on or before a date at least 14 days after the giving of the notice.
(4) Form of notice and manner of giving. Notice must be in writing and given as specified in s. 704.21 . If so given, the tenant is not entitled to possession or occupancy of the premises after the date of termination specified in the notice.

The Notice statutory provision is as follows:
Manner of giving notice. (1) Notice by landlord. Notice by the landlord or a person in the landlord's behalf must be given under this chapter by one of the following methods:

(a) By giving a copy of the notice personally to the tenant or by leaving a copy at the tenant's usual place of abode in the presence of some competent member of the tenant's family at least 14 years of age, who is informed of the contents of the notice;

(b) By leaving a copy with any competent person apparently in charge of the rented premises or occupying the premises or a part thereof, and by mailing a copy by regular or other mail to the tenant's last-known address;

(c) If notice cannot be given under par. (a) or (b) with reasonable diligence, by affixing a copy of the notice in a conspicuous place on the rented premises where it can be conveniently read and by mailing a copy by regular or other mail to the tenant's last-known address;

(d) By mailing a copy of the notice by registered or certified mail to the tenant at the tenant's last-known address;

(e) By serving the tenant as prescribed in s. 801.11 for the service of a summons.

In summary:

You have the right to evict the tenant for failure to pay rent. However, before you may evict you have to provide the tenant notice. You have attempted to provide notice by sending the notice letter to the tenant via certified and registered mail. However, the tenant has refused to pick up the letter. What you need to do next is attempt to personally deliver the 5 day notice letter to the tenant. If this does not work, then you should affix the notice to the front door of the unit. Take a picture of the letter on the front door, and put a time and date stamp on it. Go back the next day and see if the tenant picked up the letter. Take a picture of the door without the letter on it. Wait 5 days, and if the tenant does not pay by that period. Post a 14 day eviction letter in the same manner.

Wait for 14 days after delivering the notice. Once this occurs, then you can proceed with Summary Eviction and file at the court house.

In regard to your question about the tenant avoiding service of process, I do not believe that if the tenant avoids service of process and you have to have the summons either posted or served in some alternate fashion that you will not be able to include court fees. I cannot find any such provision in the Wisconsin Civil Procedure Rules....and just from a common sense stance, it doesn't make sense. If the court has jurisdiction over the person because you acheived service by an alternative method, you shouldn't be restricted from recovering part of your damages as a result.

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Zachary D. Norris or The Norris Law Firm. For complete legal advice and representation, you should consult with an attorney licensed to practice in your state.


TexLaw, Attorney
Category: Legal
Satisfied Customers: 4213
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 2 other Legal Specialists are ready to help you
Customer: replied 5 years ago.

Hi Zachary,

I like your idea about taking a photo of the notice with a date-stamp camera. By law in WI, I am not restricted? I am legally able to do this?

Second question... Why do I have to file a 14 Day Notice after the 5 Day Notice? Assuming he does not pay w/in 5 days, I believe I am legally able to evict him. I believe I would fill out the "Summons and Complaint Small Claims" form. I request claim for money and eviction and I think a court date is established.

I know you are giving general counsel and are not from Wi. But then why would you want to answer this question?

Please let me know.

I
I am an attorney licensed in the State of Texas. The following information is a brief answer to your question. However, if you feel that you need further information or that you have other insights which might help me in providing a better answer, please feel free to write back.

The statutory language which applies to you is as follows:
Expert:  TexLaw replied 5 years ago.
Hi,

My reading of the notice provisions is that where there is a lease for a term of a year or longer, you have to do both the 5 day notice and then the 14 day notice. The 5 day notice has a "cure" option, meaning that once you provide the notice, the tenant has the right to pay the rent and stay in the apartment.

The 14 day notice is a notice that states that the lease is absolutely terminated and the tenant has 14 days to move out or face eviction. Wisconsin law provides that the tenant must be given the 5 day notice before you can give the 14 day notice. When the tenant fails to adhere to the 5 day notice, then he has 14 days to move out before you can evict him. However, you must provide the written 14 day notice in order to activate your eviction rights under state law.

Please let me know if you have any further questions, and for complete coverage of your legal issues, you need to contact an attorney licensed in the state of Wisconsin.

Thanks,
Zachary D. Norris
Expert:  TexLaw replied 5 years ago.
On other thing. Yes, you are allowed to personally go and post the notice on the tenants door. You are not required to hire a process server to do this...you can do it yourself.

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Lead trial/International commercial attorney licensed 11 yrs