Notice too late? (by Betty [WI]) Dec 23, 2009 4:32 AM|
Notice too late? (by Ellie [IL]) Dec 23, 2009 4:50 AM
Notice too late? (by Reid [KS]) Dec 23, 2009 5:44 AM
Notice too late? (by billy [MA]) Dec 23, 2009 7:10 AM
Notice too late? (by Moshe [CA]) Dec 23, 2009 9:34 AM
Notice too late? (by Ellie [IL]) Dec 23, 2009 9:50 AM
Notice too late? (by Betty [WI]) Posted on: Dec 23, 2009 4:32 AM
State Specific Question About: WISCONSIN (WI)
We tried to give our tenant a 28 day notice on Dec. 3rd. We knew he was in the apartment because his storm door was locked [he can only lock it from the inside]. He did not come to the door, even after calling his name. We then taped the notice to the outside of the door. The next day a copy of that notice was sent in the mail. He is now saying that the date on the sent notice is improper to terminate tenancy. The reason we are terminating is not because he doesn't pay his rent on time. We do month to month. Does he need to be out by the 31st? --4.158.xxx.xxx
Notice too late? (by Ellie [IL]) Posted on: Dec 23, 2009 4:50 AM
Nope. Not only can you not give a 28 day notice (there is a reason it is called a 30 day notice) you have to give notice prior to the start of the rental period. If you want him out by the end of Jan you need to serve him now. So he will not come to the door for you. Do you have a sister, brother or friend who will serve for you? Someone he does not know? Have them go up and knock on the door and serve him. You stay out of sight - that means your vehicle is out of sight also. Hire someone if you have to. If you send through the mail you have to have proof of him receiving it. He doesn't have to sign and accept mail. So hard to serve through mail. If you know when he goes to work, you can serve him at work also. --208.94.xxx.xxx
Notice too late? (by Reid [KS]) Posted on: Dec 23, 2009 5:44 AM
In kansas the notice has to be the same length as the rental period (30) days. Posting it on the door is suffecient. Tenant doesn't have to sign any proof of rcving it. It wouldn't hurt to have had a witness when you posted it but KS doesn't require it. If the the person doesn't leave as directed here you have to then evict and the tenant can be charged the "holdover rate" of 1 1/2 times rent for as long as they remain in property past the time they were told to leave. So now you know what KS says . That may or may not be of any help in WI --70.246.xxx.xxx
Notice too late? (by billy [MA]) Posted on: Dec 23, 2009 7:10 AM
we have all notices served by constable to be able to prove they got it and give a few extra days so there will be no dispute there.usually its 1 rental period notice required to end mtm and we give a few extra days to avoid disputes. --208.58.x.xx
Notice too late? (by Moshe [CA]) Posted on: Dec 23, 2009 9:34 AM
Check your WI state laws about how this type of notice is REQUIRED to be served.
Posting on the door + sending by mail one day later: Does it qualify under WI law?
Notice too late? (by Ellie [IL]) Posted on: Dec 23, 2009 9:50 AM
Ok Wisconsin does have 28 day notices to terminate a MTM. So here is the ruling according to your state law even if you were late in serving it. Show the law to the tenant and tell him to move his buns now or be evicted.
(5) Effect of inaccurate termination date in notice. If a notice provides that a periodic tenancy is to terminate on the first day of a succeeding rental period rather than the last day of a rental period, and the notice was given in sufficient time to terminate the tenancy at the end of the rental period, the notice is valid; if the notice was given by the tenant, the landlord may require the tenant to remove on the last day of the rental period, but if the notice was given by the landlord the tenant may remove on the last day specified in the notice. If a notice specified any other inaccurate termination date, because it does not allow the length of time required under sub. (3) or because it does not correspond to the end of a rental period in the case of a periodic tenancy, the notice is valid but not effective until the first date which could have been properly specified in such notice subsequent to the date specified in the notice, but the party to whom the notice is given may elect to treat the date specified in the notice as the legally effective date. If a notice by a tenant fails to specify any termination date, the notice is valid but not effective until the first date which could have been properly specified in such notice as of the date the notice is given.