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I need help with a land lease situation. I have a signed…

I need help with...

I need help with a land lease situation.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I have a signed lease as of last July stating the leasee is to pay $400 a month. he hasn't paid since September. I sent him notice in February to vacate the property in 60 days but all his stuff is still there. He live down the road and has avoided me since he stopped paying. What are my options to get my property back?

Lawyer's Assistant: Where is the land located?

Wisconsin

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The property is one acre on my 10 acres and I live on the other 9 with the right to tresspass written into the lease.

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Answered in 1 minute by:
4/29/2018
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 9,007
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Welcome and thank you for your question. I will be the professional that will be assisting you.

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When you say a land lease you mean you are leasing/renting the land and this is not contract to lease to own. Is that correct?

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Customer reply replied 3 months ago
He's leasing the land and was going to put up a paintball arena that never "blew up."
Customer reply replied 3 months ago
All the blow up equipment is still on the property 100 x 50. Not something I can move myself.

Thank you for the clarification. You already took the first step now you would file for eviction in court. Where in Wisconsin is the property located?

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Customer reply replied 3 months ago
Antigo

The court will order the removal of the equipment. One moment please so I can provide the process as well as local Attorneys in the area that provide FREE consultations.

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Customer reply replied 3 months ago
Rumor has it he filed for bankruptcy but I never received any paperwork.

We shall see. One moment please.

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You have a valid cause for eviction based on the failure of the tenant to pay rent. The tenant has breached the lease/

“When evicting a tenant in Wisconsin, a landlord must carefully follow the rules and procedures set forth by Wisconsin law. If the landlord does not follow all the legal rules, the eviction may not be valid. This article will explain the basic rules and procedures the landlord or property manager must follow when evicting a tenant in Wisconsin.

Notice for Termination With Cause

A landlord must have legal cause to evict a tenant early, that is, before the term of the tenancy has expired. In Wisconsin, the most common legal causes are tenant failure to pay rent or violation of the lease or rental agreement. Before the landlord files an eviction lawsuit with the court, the landlord must terminate the tenancy. This is done by giving the tenant notice. The type of notice required will depend on the type of tenancy and the reason for the eviction.

Month-to-Month Tenancy:

  • Notice for Failure to Pay Rent: If the tenant is a month-to-month tenant and fails to pay rent, the landlord has two options when giving the tenant notice. The landlord can give the tenant a five-day notice to pay or vacate. This notice informs the tenant that the tenant has five days to either pay rent or move out of the rental unit, or the landlord will file an eviction lawsuit against the tenant. The other option is for the landlord to give the tenant a 14-day notice to vacate. This notice informs the tenant that the tenant must move out of the rental unit by the end of 14 days (without giving the tenant the option to pay rent), or the landlord will file an eviction lawsuit against the tenant (see Wis. Stat. Ann. § 704.17(1)(a)).
  • Notice for Lease Violations: If the month-to-month tenant violates the lease or seriously damages the rental unit, the landlord can give the tenant a 14-day notice to vacate. This notice must inform the tenant that the tenant must move out of the rental unit within 14 days or the landlord will file an eviction lawsuit against the tenant (see Wis. Stat. Ann. § 704.17(1)(b)).
  • Notice for Drug- or Gang-Related Activity: If the month-to-month tenant is involved with drug- or gang-related activity and the police notifies the landlord of such, then the landlord can give the tenant a five-day notice to vacate. This notice must inform the tenant that the tenant has five days to move out of the rental unit, or the landlord will file an eviction lawsuit against the tenant (see Wis. Stat. Ann. § 704.17(1)(c)).

Fixed-Term Tenancy:

  • Notice for Failure to Pay Rent: If the tenant is in a fixed-term tenancy, such as for one year or less, and the tenant fails to pay rent, then the landlord can give the tenant a five-day notice to pay or vacate. This notice must inform the tenant that the tenant has five days to either pay rent or move out of the rental unit. If the landlord has already given the tenant this notice within one year, then the landlord can give the tenant a 14-day notice to vacate. This time, the tenant will not have the right to pay rent. Instead, the tenant will need to move by the end of the 14-day timeframe, or the landlord will file an eviction lawsuit against the tenant (see Wis. Stat. Ann. § 704.17(2)(a)). Eviction Notices for Nonpayment of Rent in Wisconsin has more information on this topic...

Tenant Eviction Defenses

Even though a landlord may have valid legal cause to evict a tenant, the tenant may have a valid legal defense and could choose to fight the eviction. Tenant defenses include the landlord discriminating against the tenant or failing to maintain the rental unit. The tenant’s decision to fight the eviction could mean that the cost of the eviction lawsuit increases or that the tenant will be able to remain in the rental unit for longer. Tenant Defenses to Evictions in Wisconsin has more information on this subject.

Removal of the Tenant

A tenant can only be removed from the rental unit after a landlord has won an eviction lawsuit against the tenant. At that point, the only person authorized to remove the tenant is a law enforcement officer. It is illegal for the landlord to ever attempt to force the tenant to move out of the rental unit, and the tenant could sue the landlord for trying. Illegal Eviction Procedures in Wisconsin has more information.

After an eviction has occurred, the landlord may find that the tenant has left behind personal property. If the landlord and the tenant had a written lease or rental agreement with a clause stating that the landlord will not store the tenant’s abandoned property, then the landlord can dispose of the property in any way that is legal (see Wis. Stat. Ann. § 704.05(5)(a); there is an exception for medications. The landlord must keep medications for seven days after the tenant has moved out before disposing of them).

If the landlord and the tenant did not have a written lease or rental agreement with a clause concerning abandoned property, then the tenant must follow an older statute (see Wis. Stat. Ann. § 704.05(bf)). Under this statute, the landlord must store the tenant’s abandoned property. The landlord must notify the tenant within ten days of storing the property. The tenant will then have 30 days to claim the property. If the tenant does not claim the property within 30 days, then the landlord can dispose of the property (see Wis. Stat. Ann. § 704.05(5), 2009 stats.) https://www.nolo.com/legal-encyclopedia/the-eviction-process-wisconsin-rules-landlords-property-managers.html

Free Consultation Attorneys in the area:

https://lawyers.findlaw.com/lawyer/firm/real-estate-law/langlade-county/wisconsin

Let me also include the documents that would be filed in court.

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This link sets out the forms used by Wisconsin courts http://wilawlibrary.gov/topics/countytopics.php?t=lan

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Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 9,007
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Customer reply replied 3 months ago
Thank you for the information. This is exactly what I needed.

I am so happy that I was able to help!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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