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About Michelle Mangen
Expertise
Wisconsin Landlord/Tenant Questions.

Experience
Having been in the property management industry for over 13 years in Wisconsin and working quite closely with attorneys I have learned a great deal of information regarding landlord/tenant relationships. Additionally my previous experience included assuring that the company I worked for was compliant with regards to the law.

Education/Credentials
Attended several seminars regarding landlord/tenant laws. Over 13 years in the industry.

Past/Present Clients
New Land Enterprises, LLP - Milwaukee, WI. EA Properties - Green Bay, WI. Fox Valley Housing - Appleton, WI. Kevin Zimmerman, Wendy Scheels, Dave Anderson and other independent owners throughout the state of Wisconsin.

 
   

You are here:  Experts > Real Estate > Apartment Living/Rental > Real Estate Law (esp. Landlord-Tenant) > tenant move out

Real Estate Law (esp. Landlord-Tenant) - tenant move out


Expert: Michelle Mangen - 5/2/2009

Question
Hi Michelle,
You actually helped me once before, much appreciated (Foul Curry smell in MA). I now have a different problem looming up...I have a small rental unit in my home, which I rented Jan 1 to a woman who has turned out to be the Tenant From Hell. Her lease will be up June 30, and we are selling the house to our son, hopefully closing next friday, and we will take over the small apartment for our own use once Viscious Vera is gone. She has taken to issuing complaints (which we address immediately)in a way that implies we are forcing her to live in a hell hole (not at all so). On Tuesday she complained of holes in her screens, on Wedneday my husband repaired them, on Thursday she had the Board of Health here....rent was due yesterday, and she hasn't paid.I suspect she is withholding it based on her iamginary health code violations. Not as worried about the one month's rent, she paid June in advance, as I am that she won't leave at the end of June.Since this is owner occopied, and her lease will be up, do I have more than the usual rights here? I've owned rental property for 25 years, and have never had to deal with a situation like this before. It's like living that great movie, "Pacific Heights".Massachusetts law allows no grace period for late rent, so I can give her a 14 day notice to quit right away. Do you think that's the best way to proceed?

Answer
Hi Gale:

So nice to meet again! Though I'm sure you would rather not be here asking questions on Viscious Vera!

If I were you I would proceed with the 14 day you mention. If she does not move out after the 14 day expires then I presume you can proceed with filing an action against her in court to get her removed from the premises?

Not sure how long that process takes in MA but in WI from filing case to actual removal of tenant it can take up to 4-5 weeks. If the time frame is similar in MA, probably best to start now so you for sure have the place back in time for you to take over.

To answer the actual Q you have: as owner occupied, most likely you do not have any additional rights (we don't in WI, at least).

Best of Luck!

Michelle Mangen
Owner, Your Virtual Assistant
Neenah, WI
http://www.TheVirtualAsst.com

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