5 day pay or vacate - Landlord Forum thread 342835

5 day pay or vacate by M (WI) on February 6, 2016 @12:02

Tenant owes January, February, late fees for both months, utilities for both months. Does anyone know if Wisconsin allows me to put the late fees and utilities on the 5 day pay or vacate notice along with rent? I can't find this answer anywhere!

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Re: 5 day pay or vacate by MrDan (Georgia) on February 6, 2016 @15:36	[ Reply ]

From an Article by 'University of Wisconsin Law School' 2014 "Wisconsin Statue §704.17, states that if a tenant "fails to pay any installment of rent when due" the landlord may issue a 5 day notice to pay rent or vacate the property. The courts are now taking a very narrow view of the definition of "rent." If a landlord includes any amounts other than pure rent in his/her 5 day notice they risk having their eviction lawsuit dismissed. If the tenant cures the ‘5 day notice’ by paying the rent amounts within the 5 days, then the landlord will need to keep track of other amounts owed and deduct them from the tenant's security deposit at the end of the tenancy or rental term (providing that those amounts are included in the Nonstandard Rental Provisions and can properly be deducted from the tenant's security deposit)."

Re: 5 day pay or vacate by Jim (RI) on February 6, 2016 @17:05	[ Reply ]

If utilities are included as part of a rental contract where it states they are included in the rent, I would say yes. That is the case where I am, and I have done so. It really may be worth hiring a lawyer, or at least calling one. It has proven worth the money for me. One little mistake you make, and it can cost you tons of time getting them out.