How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 101072
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
7286322
Type Your Real Estate Law Question Here...
Ely is online now
A new question is answered every 9 seconds

We have a tenant in a condo we own currently under a 12

Customer Question

We have a tenant in a condo we own currently under a 12 month lease and we now want a relative to move in is it legal to giver her notice of 60 days to move?
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Ely replied 1 month ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. On this website, I do not always get to give good news, and this is one of these times.

Wisconsin (under Chapter 704 - landlord/tenant law) does not allow the landlord to break the lease early to have a relative live on the property. As long as the tenant continues paying and otherwise does not breach the lease materially, the landlord (i.e. you) cannot breach the lease, either. So it is not possible to oust the tenant earlier unless the tenant agrees to leave earlier.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of THREE OR MORE STARS and then click FINISH to submit that rating, as this is how experts get credit for our time. Rating my answer the bottom two stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating (it does not cost anything extra to rate).

Customer: replied 1 month ago.
Shes purposely breaking things one at a time to get new appliances,toilets,dishwasher that was new etc is theyre anything we as a owner can do?
Expert:  Ely replied 1 month ago.
704.07: f the premises are damaged, including by an infestation of insects or other pests, due to the acts or inaction of the tenant, the landlord may elect to allow the tenant to remediate or repair the damage and restore the appearance of the premises by redecorating. However, the landlord may elect to undertake the remediation, repair, or redecoration, and in such case the tenant must reimburse the landlord for the reasonable cost thereof; the cost to the landlord is presumed reasonable unless proved otherwise by the tenant.
However, this does not allow early termination of the lease.
Gentle Reminder: Please, use SEND button to keep chatting, or RATE THREE OR MORE STARS and click FINISH to submit your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 month ago.
If we dont fix the new dishwasher she broke is their any recourse she can take against us?
Expert:  Ely replied 1 month ago.
If she is the one that broke it and it is her fault, then no.
Gentle Reminder: Please, use SEND button to keep chatting, or RATE THREE OR MORE STARS and click FINISH to submit your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 month ago.
How much notice do we need to give her before the lease expires to move out legally?
Expert:  Ely replied 1 month ago.

Unless the lease specifies that it would automatically renew, no notice is required at time of end of the lease. The tenant simply moves out.

It is not possible to break her lease early regardless of how long the notice is - she has to agree to move. Perhaps she will do so if you pay her to agree to break the lease - this is common.

Gentle Reminder: Please, use SEND button to keep chatting, or RATE THREE OR MORE STARS and click FINISH to submit your rating when we are finished. You may always ask follow ups at no charge after rating.

Related Real Estate Law Questions