5 Day notice or something else for someone with year lease

10 Replies

Hey Folks

One of my tenants who has paid regularly for the past 4 months suddenly did not pay.  Is it best to serve him a 5 day notice or is there a better notice to give.  

We called and he says he is waiting for is disability to come.  But Last week he said the payment was going to be this week...Blah Blah Blah

What do you guys recommend ?  

@Alexis Zion

I would give them a 5 day notice. Click the link, read the tread. I hope this will help you.

Send the notice. It shows you are serious.  Just say if you are late we send this notice. You are then covered and can proceed as needed if he never pays.   Of course if you accept late rent it starts all over again the next month and you need to follow a similar course of action each time he is late.

Hi Alexis, to properly help you is your tenant  on a lease or month to month? Is the property located in  Milwaukee county? It might be best to look up the state law (wi.gov) and Milwaukee county to understand the process if it is located there, as there might be county specific laws that you need to about and the process. A judge will look at 1yr lease and a month to month differently in WI court  if it gets to the point you need to follow through with the  eviction.  

Kevin

Alexis, due to time restraints I was not able finish my previous post so here I go. First the disclaimer:

I am not an attorney, I am the owner of Hollywood Homes LLC a WI licensed real estate company. Any advice I give You should always be checked with an attorney ( preferably a real estate attorney who does at least 70% of his practice practicing real estate.)

With that being said there are three types of eviction notices in WI.

1. The 5 day to pay rent or vacate premises. This form works for either month - month tenants od for 1 year lease tenants. WI statutes 714.17 

2. 14 day notice to vacate premises for non payment of rent  or other  breach  of tenant agreement. This only works for month-month tenants NOT tenants with 1 year lease's or less. So this option most likely will not work for you. WI statutes 704.17

3. 28 day notice to terminate tenancy. This works with tenants who have a 1 year lease or less, or, month-month tenants. WI statutes 704.19

So, you actually have two choices. First the 5day notice which gives the tenant 5 day to pay from the date you leave the notice which can be taped to the door, mailed or given in person to the tenant (s) or who ever answerers the door including a minor. If they pay within that 5 day's which are concurrent (not business day's)  you go on as nothing ever happened and the 5 day notice is automatically cancelled. If they don't pay, you now must head down to the Sheriffs office ( in Washington county) pay a fee to start the process and either get the sheriff's dept. or find a person who delivers summons to deliver to your tenant (s) another fee. After the summons delivery person delivers they will set another date to meet  usually with the judge.  Again, Milwaukee county does do evictions differently than what my county's I have my rentals located in.

Your other choice is the 28 day to terminate tenancy. If you use this you are stating that you want the tenant (s)  out. Now with having a tenant that has a 1 yr. lease and using this method it gets a little more involved and I would recommend the help of an attorney to guide you through the process.

Please note, there is quite a difference when doing an eviction of a tenant who is month-month and one having 1 yr lease.  And for that reason alone that is why I do all my rentals on a month to month basis as its much easier to obtain the eviction on a month-month than  a lease. Now, if your have  yr lease with a tenant and do not renew that  lease it automatically converts to a month -month lease in WI.  

Alexis, before I started my real estate company I joined the WI apartment association and got my certification in tenant-landlord laws. It was the best thing I ever did when I became a landlord. You might want to check out there website. I know there is a chapter in Waukesha. KNOWLEDGE IS POWER! Especially in real estate! I wish all the luck with your current situation.

Communicate with the tenant and explain that you need to serve a 5 day pay or quit to protect yourself and if you can receive your payment in those 5 days, all will be well.

Alexis, we had a similar situation. Guy paid for 8 months, no problems, one month doesn't pay, says he didn't get his Social Security check as scheduled. We told him he had a 3-day grace period per the lease, to call and let us know what was going on, he never called. We called once more and left a message.

At 7 days late, we posted a pay or quit notice. Boy, did he call then! He really did not grasp that we would indeed evict him and his children for non-payment. His parents paid us the next day. He hasn't been late since.

So my advice is to communicate, but firmly. They need to find the money in X days, or they need to move. They will be notified of the need to move via the pay or quit notice.

5 day notice

All great points.  Please look up your state laws before proceeding -- very important.  In Oakland, California, if a resident indicate a disability check is delayed, we must accommodate that resident if we receive notification of evidence. This is unfortunately common and often takes a few weeks to receive.  We lost an eviction case in court due to a disabled person indicating they could not pay on time due to a delay of their disability check (which was not the resident fault). We served a 3 Day notice and moved forward with filing the UD. The judge allowed the resident to stay and granted the resident with monthly payments over one year on the arrears. We, of course, was left with attorney fees and court costs.  

Kevin's post above seems pretty thorough.

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