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The No-nonsense Nuisance Notice

Posted by Brian Schuk | Jan 19, 2018 | 0 Comments

Although meant to be a speedy process, an eviction may seem as if it takes forever if you are trying to get rid of that awful, potentially dangerous, tenant.  Thanks to legislature enacted in 2015, landlords have a remedy to get rid those terrible tenants. Landlords now can issue a five-day no right to cure notice. Before you get too excited, be aware that this notice is only for specific circumstances, but provides a remedy if you find yourself in a sticky situation.

A five-day no right to cure notice can really get things moving in an eviction action, however, they only apply to certain situations, so be cautious when using them. Prior to issuing a nuisance notice, you must have a written notice from a law enforcement agency or District Attorney's Office that a nuisance under Wis. Stat. § 823.113(1) or (1m)(b) exists in the tenant's rental unit or was caused by the tenant on the property.

Nuisances that fall under these statutes include any building being used to facilitate the delivery, distribution or manufacture of a controlled substance. Wis. Stat. § 823.113(1).  Please note that this does not include the use of drugs, but only the delivery, distribution, or manufacturing of them. Another nuisance that falls under this statute includes any building used as a meeting place for a criminal gang or used to facilitate gang activities. Wis. Stat. § 823.113 (1m)(b). Just remember, you will need a written notice from law enforcement before drafting your five-day notice.

If your tenant is convicted of using the rental property as a place of prostitution or a gambling place, it also qualifies as a nuisance under the new law. Wis. Stats. §§ 823.16, 823.20(3).  The conviction will void the lease and you may proceed with the eviction without notice.

Lastly, while drafting your notice, make sure you specifically state the basis upon which the notice is being provided and inform the tenant that he/she has the right to contest the termination of tenancy in an eviction action under Ch. 799. If you have any questions on drafting a notice, please contact our office!

About the Author

Brian Schuk

Brian A. Schuk focuses his practice mainly on landlord-tenant law, representing both landlords and tenants. After being a partner of Wassel, Harvey & Schuk, LLP for 12 years, Mr. Schuk opened his own law firm, Schuk Law, LLC, in June of 2017. He continues to offer experienced ...

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