Hello Wisconsin investors.
I just wanted to give a heads up on act 176. It was a recent law change for wisconsin investors. Specifically the criminal activities section. It fast tracks the eviction process for tenants involved in criminal activities. It states a 5 day notice to vacate for breach of lease with no opportunity for remedy. It applies to the tenant or member of their household or guest. We no longer have to give them opportunity to correct as we did in the past. The lease term also has no bearing on this. It can be given out at any time during any stage of a lease. The tenant also does not need to be arrested or convicted.
What is required to serve.
1. A description of the criminal activity
2. The date on which the criminal activity took place
3. The I dentity or description of the individual's engaged in the activity.
I recently inherited a tenant that I evicted using the 5 day no remedy criminal activity breach. The police department was delighted to share the rap sheet on this tenant to speed along the eviction. They were also unaware of this change as it is recent. March 2016. If you use the wisconsin legal blank lease you will notice the criminal activity section ght has expanded.
This was great news to me and I thought I would share.
This is great information. Thanks for sharing this Peter!
Thanks Peter! The Wausau (and area) police are finally becoming aware of this change as they informed me about it not long ago. I'm now embarrassed that I didn't share it. Kudos to you for your willingness to put it out there!
Just following up.
The eviction went through without any hangups, Judge was up to speed and had zero tolerance. Police report was all I really needed for proof..
I noticed that Wisconsin Legal blank has a few different non-curable breach 5 days now, stemming from act 176. They are pretty detailed and are very specific to the violation.
1. How severe does the criminal activity have to be? Like are we talking any misdemeanor? Felony? Or like repeated ordinance violations?
2. What kind of proof do you need that it happened? Is it just your word against theirs?
If you read the law it really doesn't state where the line is drawn as far as what is or is not severe..It also states they do not need to be charged with the activities either.
In my experience the complaints/calls for the violation were pretty severe.... I used the call complaint history from the police department. The tenant had not been charged with these, but there were numerous calls. They were more than willing to share this as the tenant was a nuisance to them.
The judge had no hesitation ordering the eviction in my situation.
Join the Largest Real Estate Investing Community
Basic membership is free, forever.