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Can a landlord prevent me from allowing my sister to stay in my apartment for a few months in Wisconsin?
I've got a 2 bedroom apartment lease signed for the year in Wisconsin. On my lease it states, a tenant is "to NOT permit any guest or invites to reside in the Premises without prior written consent of Landlord." I've also read elsewhere that it's illegal for a landlord to prevent immediate family members from residing someplace that I have leased. Are they allowed to increase my monthly charges or anything for my sister living with me for several months at most, or can they deny me outright? Thanks!
Edit: Let's get some citations folks...these laws differ from state to state.
Second edit: Confirmed. Wisconsin law does indeed state that immediate family members cannot be excluded from being allowed to stay within the premises as long as it does not violate crowding laws. I believe a "suck it, Simpson" is in order. Way to have an attitude about something you clearly had no idea about.
Third edit: The source? My landlord, who himself stated that the law states my sister can stay without any change in lease, like I said, as long as it doesn't avoid crowding laws. You all are terrible. Thank you. Also...contracts sign off your legal rights to everything? Yeah right. Just because something is in writing with a little squiggly signature on it, doesn't supersede imposed laws.
8 Answers
- Anonymous10 years agoFavorite Answer
I'd love to see your source that states a tenant can blatantly violate a lease due to a family member needing to mooch on someone else's property. I have no idea what makes you think that it ok. A lease states specific tenants, and these are the only ones allowed to stay on the landlord's property. Move someone else in, even if only temporarily, and you risk eviction, not just an increase in rent.
This specific law most certainly does NOT vary state to state. In every state in the US, the landlord can evict everyone in the rental unit if anyone is living there without the landlord's explicit permission.
I believe a "what the hell are you smoking?" is in order.
- Simpson G.Lv 710 years ago
The landlord can choose to let the sister stay at no cost, to let the sister stay at added cost (to you), or to not let the sister stay at all (past what's considered a guest).
If your sister stays without the landlord's permission, you can be given a notice to get her out or be evicted.
Edit: The citation is your lease. Your lease is a legal contract. Do I really need to dig up WI state law that states that a legal contract is binding?
"These laws" do not differ from state to state. As long as the clause is not unconscionable and does not violate the law, the lease is binding no matter the state.
704.17(2)(b) If a tenant under a lease for a term of one year or less, or
a year−to−year tenant, commits waste or a material violation of s.
704.07 (3) or breaches any covenant or condition of the tenant’s
lease, other than for payment of rent, the tenant’s tenancy is terminated
if the landlord gives the tenant a notice requiring the tenant
to remedy the default or vacate the premises on or before a date
at least 5 days after the giving of the notice, and if the tenant fails
to comply with such notice. A tenant is deemed to be complying
with the notice if promptly uponreceipt of such notice the tenant
takes reasonable steps to remedy the default and proceeds with
reasonable diligence, or if damages are adequate protection for the
landlord and the tenant makes a bona fide and reasonable offer to
pay the landlord all damages for the tenant’s breach.
https://docs.legis.wisconsin.gov/statutes/statutes... pg 5
Edit II: Please provide YOUR source. If it indeed a WI or city law that says that a sister is "immediate family" and that they do not fall under the "guest" clauses in a lease, I will happily admit I'm wrong. I will not, however, "suck it". I don't wanna catch anything.
The WI Landlord Tenant statutes (Chapter 704) do not list anything to this effect.
- Ryan MLv 710 years ago
You can be EVICTED, forget about denying you, for doing letting her live there for more than a few nights. You signed a lease that is VERY specific to your situation. Ignoring that clause is called breach of contract and YOU can not only be evicted, but sued as well. Do NOT try and do this. That law that you read about is false.
Yes laws vary from state to state, but there are NOT laws that are specific to each and every circumstance possible. There is NO LAW in ANY STATE that forces a landlord to accept a guest not on a lease, for ANY reason, for ANY length of time....period. Your lease is a citation since it is in writing and YOU agreed to it.
Edit II: "Immediate Family" is spouse and children....Common Sense 101. Nelson Muntz: Ha Ha!!!
- Anonymous5 years ago
examine your employ. In my case, the employ states that i could have travellers over yet for a constrained volume of time consistent with six month era devoid of his show permission. that's allowable, with the aid of fact he's renting the condominium consistent with what number occupants are in it. as an occasion, i won't be able to have somebody "pass in" with me devoid of his permission, yet as quickly as I even have acquaintances coming in from out of state for some days or a week or so, that's positive. not sure what the regulations of long island are, despite the fact that it seems such as you need to come across a sparkling condominium in case you won't be able to even have somebody come via and pass to for some days. Plus, in the adventure that your landlord is walking into your condominium unannounced devoid of be conscious and it is not an emergency, that's a criminal offense.
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- RockyLv 610 years ago
contracts were invented so that people could get others to sign off their legal rights, which you have or may have done in your lease.
The Department of consumer Affairs (under landlord tenant law) in your state can possibly show you how to get the legal right to do so back.
Since residency is established after a certain amount of days in every state most are 30 others just require a change of address and proof of receiving mail to be a resident.
Raising the rent is expected, I might suggest you find a new place or tell the landlord you will terminate this lease and sign a new one the how to is on the DOCA web site too, but you will be playing chicken, asking for a pre-move out inspection on your dated "notice to/of vacate" might show your landlord that you know your rights and will insure your deposit is return if that game of chicken fails and you must move.
- JefLv 410 years ago
The "immediate family" clause is about You, your spouse and your dependents. Your sister is not your immediate family unless you are both minors living in a parent or guardian's house.
In your situation, your sister is a guest, not an immediate family member.
My suggestion? Call up your landlord. Say, "my sister is going to be in town briefly -- can she share my apartment while she searches for her own place?"
Source(s): Six years in Real Estate advertising - rtfmLv 710 years ago
He most certainly IS allowed to restrict the number of residents in his apartment. Whether they are related to you or not is completely irrelevant. He cannot increase your rent, unless it says he can in your lease -- but he *can* deny you outright.
Just ask. Chances are he'll be fine with it, especially if you give him a definite date when she'll be leaving again.
- real estate guyLv 710 years ago
if you have the case law, then why ask the question.
As a landlord, I really wouldn't care, UNLESS, the water and/or hot water was included in the rent.