Problem Tenant? New Wisconsin Law May Be Just What You Need.

TenantIf you own or manage rental property in Wisconsin, you should understand the basics of Act 176. Legislators passed this bill into law, which went into effect on March 2, 2016.

The most significant change is an expansion of landlords’ options for evicting tenants engaged in criminal activity. Other revisions alter timing parameters for notices to vacate. The changes also modify landlords’ obligations to trespassers and put new limits on municipal inspections.

Let’s take a closer look at Act 176 and how it may alter your policies and procedures.

Crime-Free Notices Can Streamline Evictions of Lawbreaking Renters

Problem tenants can be an absolute nightmare. When problems involve drug dealing or other serious crimes, landlords must act decisively. Protecting property and guarding against liability become paramount. Wisconsin landlords now have greater power to address these situations. Essentially:

  • If you, as a landlord, learn that a tenant is selling drugs on or near your property, you can serve a crime-free notice that requires him or her to vacate within five days. This type of notice also applies to other types of criminal activity that threaten health and safety.
  • A crime-free notice is “non-curable.” Previously, the landlord’s only option under Wisconsin law was a “right to cure” notice. If the tenant stopped engaging in criminal activity for the covered 5-day period, the landlord had to wait for evidence of another criminal act.

Specific Notice Requirements Matter: Tenants Still Have Rights and Protections

Clearly, the crime-free notice provision creates a powerful tool for Wisconsin landlords. An arrest or conviction is not required. Notices can cover criminal activity by the tenant, household members or guests. But proper drafting and execution is essential. An attorney versed in current landlord-tenant law can help you meet requirements such as:

  • Describing the nature of criminal activity
  • Specifying dates when it occurred
  • Notifying the tenant(s) of their legal rights, including the right to contest eviction

A Brief Summary of Other Key Changes

Not all serious lease violations are crimes. Act 176 also puts more teeth in Wisconsin landlords’ ability to deal effectively with breaches such as causing property damage or severely disturbing other tenants. Landlords no longer must serve 5-day or 14-day notices while a breach is in progress, for example.

The law also provides more specific requirements for dealing with trespassers and property they may leave behind. Finally, Act 176 placed certain new limits on when, and under what circumstances, a local government can legally inspect residential rental property.

What Does All This Mean for You?

If you are a landlord with a tenant that is causing you major concern, you should leverage all your rights under current Wisconsin law. Also, consider having an experienced real estate lawyer review the lease documents you currently use. Awareness pays. Get legal counsel if you have questions about your business practices or any landlord-tenant dispute.

 

Category: Real Estate Attorney
Tags: Landlord-Tenant Law, Evictions, Act 176, Crime-Free Notice, Lease Disputes