Is the tenant required to give me a 30 day written notice of their intent to vacate?
Full Question:
There was a fire at a rental property. The tenant is now the demanding the security deposit back and does not intend to return. Is the tenant required to give me a 30 day written notice of their intent to vacate and are they entitled to a full return of their security deposit?
06/27/2007 |
Category: Landlord Ten... ยป Lease Termin... |
State: Wisconsin |
#6724
Answer:
The following is a portion of a WI statute:
(4) Untenantability. If the premises become untenantable because of damage by fire, water or other casualty or because of any condition hazardous to health, or if there is a substantial violation of sub. (2) materially affecting the health or safety of the tenant, the tenant may remove from the premises unless the landlord proceeds promptly to repair or rebuild or eliminate the health hazard or the substantial violation of sub. (2) materially affecting the health or safety of the tenant; or the tenant may remove if the inconvenience to the tenant by reason of the nature and period of repair, rebuilding or elimination would impose undue hardship on the tenant. If the tenant remains in possession, rent abates to the extent the tenant is deprived of the full normal use of the premises. This section does not authorize rent to be withheld in full, if the tenant remains in possession. If the tenant justifiably moves out under this subsection, the tenant is not liable for rent after the premises become untenantable and the landlord must repay any rent paid in advance apportioned to the period after the premises become untenantable. This subsection is inapplicable if the damage or condition is caused by negligence or improper use by the tenant.
