State Specific Question About: WISCONSIN (WI)

If you have a fireplace you "never want used" you should disable the fireplace so it can never be used.

Tenants will do what they want to do. That's a fact.

If you have an unsafe fireplace, eliminate the risk by bricking it up.

You can't rely on your lease to protect your tenants from their own stupidity. What if you had a big hole in the sidewalk? Do you think you could just make them initial a clause to never step in that hole?

CYA: brick it up.

I'm sorry, can't really help with the legal question. But, alternate to bricking it up. Cover it with sheetrock. If no mantle or small mantle, you can do this no prob. If there is a mantle you will need to either remove it, or install studs to create an even wall. We have fireplaces in our 1890 Victorian that have been sheetrocked over. No prob. If we ever want to restore the house/fireplaces it will be a heck of a lot less work than if they were bricked up.

I don't know anything about WI, but it seems to me that the tenant is probably correct: That he was entailed to some advance notice, according to law, that his tenancy is terminated for cause.

Your addendum about "immediate eviction" is probably worthless. Another homemade lease.

It depends on what your Judge says.

Here they would still require a reasonable time like a 30 day notice.

But also with a normal eviction.

Most often we will get 10 day procession. We have the court rule in our favor for eviction. And then have the right to take procession in ten days.

So if things don't go your way ask the judge could you have 10 day procession.

Explain the tenant was expecting a 14 day notice. So the 5 days you gave plus the new 10 day procession will actually give him 15 days without going back to court.

Thank you for the advice!

I was in court today and it was only to determine if tenant wanted to argue the eviction. He does which is why I go back tomorrow.

As for bricking it in, I plan to.

My agreement was an addendum titled non-standard rental provision.

My thought is that if it does get tossed on the grounds of being a 5 day rather than 14 day notice, I simply re-do with a 14 day notice? I am very concerned he will burn down my house and I want him out ASAP.

I would make a decorative plywwod panel screwed to the front of the fireplace.

Our rental is where my parents use to live. So

before he died he installed a nice insert wood stove

into the fireplace . After my brother and I took

over the house I didn't want anyone using that fireplace

for the safety of the home. We chained the doors on

" My thought is that if it does get tossed on the grounds of being a 5 day rather than 14 day notice, I simply re-do with a 14 day notice? "

The notice period is a matter of law. If your notice given does not comply with the legal requirement, then NO JUDGE should allow the eviction to proceed. Thats a clear violation of the judge's responsibility, and would expose the judge to a reversal of his judgement upon appeal.

You need to find out how to do an eviction in your jurisdiction. Doing an eviction is not simply a matter of filling out forms. Maybe you should hire an attorney to do it for you this time, while you try and watch what he does, on the way to your learning how to do it yourself.

Kim,

What happened today at your second hearing?

Residents do not read leases, and words don't stop actions.

It's a cold night and they rented a home with a fireplace. Could have been anyone - visitor, boyfriend, parent...it's a fireplace - for fires. Seems logical.

Is this really a big deal?

Did they damage the home?

Do I want to incur turnover costs?

Are they not paying? Causing trouble?

Me? Take a deep breath, put on my manager hat and say "Joe, I need to remind you the lease does not allow use of the fireplace" and move on to fry bigger fish.

Rule #1" the LL is in charge" also means *I* am in charge of MY time and profit. A simple letter to the res can save a TON of my FREEDOM!!!

Evicting, turnover repairs/cleaning/painting, re-renting ads/calls/showings/screening/risk of a new resident...a fire in a fireplace is not worth all that.

BRAD

Brad, excellent advice thank you!

I did want them out, irregardless - the neighbors did not appreciate them:)

As for court it was a trial. Judge granted my eviction even with the 5 day no cure notice. He stated it was a safety issue. My lease addendum was weighed heavily as evidence as was the photo I had of the logs, newspapers and lighter fluid. He tried to say he had cleaned out the garage and was getting rid of those things. Judge found it interesting that those three items were staged in front of a fireplace for removal the same day.

All in all, I was very fortunate given I should have filed a 14 day and not filed court papers until day 15. I had given a 5 day and filed with court after day 2. Judge said I could have moved even faster had I wanted to which I found interesting.

I am relieved and already have new tenants waiting. Fireplace will be closed up before they move in:)

Thanks everyone for the quick insightful responses.