All Forum Posts by: Spencer Gartz

@Matt Schlough I would under no circumstance take your opponents word for it. I’d guarantee your loss too if I didn’t want you to fight. Don’t say another word to your tenants attorney. Pick a well known landlord tenant attorney in the area, have them review and edit your lease accordingly, and tell you how to handle this situation properly.

At the end of my lease I have a clause that states if one clause in the lease is found to be invalid or unenforceable, it doesn’t effect the rest of the lease. Can you do this in Wisconsin going forward?

This being said, if tenants want to get out that bad, let them go. It’s not a bad problem to have, (unless you’re doing something to make their housing in enjoyable.) it’s much better than someone who won’t leave.

@David Pai

I think you should ask her for an honest answer about who is living there. Are you sure everyone is living there? It seems like the older ones might not be residents, which is why she didn’t list them. Tell her that the lease is signed for x amount of people, and that added “roommates” over the age of 18 need to be added to the lease, and go through the same application process. in my lease, it states that if you visit for more than 8 nights a year, you are considered a resident and have to complete an application and be added to the lease. (I wouldn’t necessarily run a background check and call references.) the reason I do this, is if the original lessee moves out, I’m not stuck with a squatter.

Don’t do anything sneaky or try to hang something over her head for future leverage. Treat the whole family as you would like to be treated.

Most importantly, especially when dancing so close to the line of a fair housing violation. Write down what you always do in this situation. The answer should be the same no matter the family size, or situation.

@Mark Anderson

Firstly, I’m located in upstate New York, and am not sure of your local laws and regulations.

Get a pad of paper and document every single event and thought with times, until this mess is over. Save your documents for as long as your attorney suggests.

I would take many pictures of the apartment, while calling my eviction attorney to be certain of my next moves.

I would post a notice on the door stating that the property is abandoned, and that the locks have been changed, they are welcome to come collect their remaining belongings at (select a couple of very specific dates and times.) also, that it should state that you’ll adjust when their lease ends, no penalty for early termination, if they sign the blank line with a date that they moved out. take a picture of that notice with the apartment number in the picture. your attorney will help you fill In the blanks on the contents of this notice.

Next I would send a certified letter, same as the notice on the door, return receipt requested. If a change of address has been filed, the post office will probably write the new address on the letter, even if the tenant won’t sign for it at the door. If you receive their new address, now you can send your certified letters there.

I would make sure the utilities are off. I wouldn’t put them into my name until you are sure that they aren’t coming back. because then they, or someone else could potentially move back in. You can’t shut the utilities off on someone, it would be a shame to pay their utilities and not collect rent.

They are out of the building, your biggest hurtle has been conquered. The rest doesn’t matter nearly as much. Don’t try to collect back rent too hard. Tell them that you just need verification that they have moved out, so that you can stop increasing their rent owed and rerent this place.