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.
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.