All Forum Posts by: Account Closed

I found this that seemed to provide some insight

http://blogs.findlaw.com/blotter/2014/07/is-illega...

Looks like "improper entry" is unlawful and a criminal offense, a misdemeanor.

It also looks like "unlawful presence" is also unlawful, though is not a criminal offense.

Seems people on here have confused the different layers of unlawfulness (felony, misdemeanor, civil violation) with the term illegal. To break the law is to do something illegal. The severity of the illegal activity appears to determine the rest.

Therefore, it certainly makes sense to say an undocumented worker is in fact breaking the law, hence the appropriate term "illegal alien".

Weird thread. I don't think the J-walking example is accurate, because that's a law on the books and it was broken - the city is not going to bring a civil suit for j-walking, they are going to cite a municipal violation. Now that violation may not count as criminal, but its still breaking a law and the punishment is a fine and its illegal behavior. I am not a lawyer, but I would bet I am on the money on that one. A civil matter is brought when one party harms another, usually monetary but not always, and the harm is not covered under any municipal law. For instance, you broke your neighbors mailbox by crashing into it with your bicycle or you lent someone money and they haven't paid you back - in those cases you bring a civil suit if you can not find satisfaction otherwise.

All said, this thread has made me wonder exactly what an illegal immigrant is, or is not, and I will leave here and look into it. If it is not unlawful, then "illegal" immigrant would be an improper term. I will be shocked if I find otherwise, but I will bet all persons of foreign origin are required, under some law somewhere, to be documented when in the country. Otherwise, it would be legal to be here unknown (who knows, maybe it is). It may not be classified as a felony or misdemeanor, which are usually associated with the word criminal, but if its a law and you break it, that meets the definition of illegal. LOL. While I would bet I'm right on this, I wont be shocked if I'm wrong either.

Again, interesting thread that has got me wondering.

My brother had one and rented it to a meth-head, who disassembled the furnace while high. The furnace was less than a year old and in pieces. He had the trailer removed and now owns a really nice piece of land in a very run down neighborhood.

Yes, you can bring suit if you believe a defect was not properly disclosed. Winning is another matter.

I had a couple details a bit wrong - you need to serve notice on the door AND send a letter the same day - there are multiple options for serving, but you must serve notice to legally evict. Also, the notice is 28 days (in your case), not 30.

Check out this link from the city, which provides step by step instructions and the fees. I found this on the city website, that also has all the forms available.

http://county.milwaukee.gov/ImageLibrary/Groups/cntyCourts/MJC/Documents/eviction_checklist.pdf

First of all, the City Of Milwaukee holds a free landlord class for anyone about twice a month. It is fantastic and I suggest you attend the next one. The city wants good landlords, so they help out with all sorts of useful information, including the differences between a 12 month and a month to month and how to evict in either case.

You need to look at the terms of the lease to see if they put anything in there other than the state law default. The state law default (which Milwaukee follows), says that a 12 month lease will automatically renew as a MTM if a new lease agreement is not entered in to. That means your tenant has the right to stay beyond the 12 months without doing anything. State law default also says If you want your tenant to leave after the 12 months, you need to give them 60 days notice, which in your case would have needed to be done at the end of October. If the lease expires like you say at the end of December, and no other renewal provisions are made, the lease is then a MTM and the MTM rules apply, which is a 30 day notice. Worst case you provide notice of non-renewal before Jan 1 (now) and they must leave at the end of the month. Do this in writing, but you do not need to sent it certified (but that doesn't hurt), just on time - I would send them a text to let them know the letter is coming for an extra layer of proof you sent it, just in case. Good news is that it is much easier and faster to evict once the MTM kicks in. You can move for eviction on February 1st and each day they squat on your property, the court will award you double rent. WI is friendly to landlords in most cases and takes a common sense approach with the laws.

Last tip, there is a company called WI Legal Blank that provides landlord forms. They have a lawyer that goes over them every 6 months to make sure they are up to date with state law. I think it is about $40 for the deluxe package, that includes multiple copies with carbons of every form you could ever need. I get a new one for every new tenant. 

Good luck!

As far as landlording, my take is simple. I would not rent to someone I knew was breaking the law, any law, whether I agreed with the law or not. I don't see how that policy would get any landlord in trouble anywhere, but I suppose I could be wrong, because all sorts of people are bonkers lately. In this case, they can't even fill out the app completely, the person filling out the app is known to be misrepresenting who will live there on the app (right?) and it's reasonably known to the landlord that their prospective tenant has been and intends to continue breaking the law. In what bizarro world could a landlord get in trouble for denying this applicant? Let me know so I can avoid investing in anywhere like that.

LOL. The incredible thing is what people in CA pay for property, not the other way around. 

In fact I like it the more I think about it. Do you have to own a unit to buy a space? I assume yes, but maybe the lot is not part of the HOA? Could be an interesting way for a low-budget investor to get started.

I dunno...snow removal? Insurance? Sealing? Cleaning? Striping? Resurfacing? Maybe those are all included in the HOA dues? Might be an excellent investment, you are in Chicago after all.