Most disputes between landlords and tenants arise from misunderstandings of the law or a disregard of the rights of the other party, usually by the tenant failing or refusing to pay the rent. Even though a landlord has legal title to the rental property the tenant has important rights. A landlord faces significant financial exposure if the proper procedures are not followed such as a delay in the eviction and the recovery of double damages from landlords who wrongfully withhold security deposits.
The eviction process is set by Wisconsin Statute Section 704 and Wisconsin Administrative Code Section 134. The rental tenancy must first be terminated and if the tenant refuses to move after notice of termination is given a lawsuit has to be filed in the Circuit Court seeking an order directing the local sheriff to remove the tenant. A landlord should never attempt a “self help” eviction. The process can be confusing and time consuming. Our office can prepare the required paperwork and appear on your behalf to insure that the correct procedures are followed and so that you can focus on what you do best.
With our experience and depth, you can depend on the attorneys at Rizzo & Diersen, S.C.
As stated above tenants have rights to the rental property even though they do not own it. If you believe you are being illegally evicted please contact the offices of Rizzo & Diersen, S.C. to discuss your fact situation. If your landlord is evicting you because you failed to pay rent or because the lease has ended there are only limited defenses available to you and we may not be able to assist you.
The attorneys at Rizzo & Diersen, S. C. handle the full spectrum of landlord/tenant issues, including: