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Updated over 8 years ago, 06/27/2016
5 Day Notice to Cure in Milwaukee
I was wondering if I could get some input regarding a situation I just encountered.
At the 4plex I closed on about a week ago, I inherited 4 tenants. Only 1 of the tenants is on a one year lease that runs for another 10 months. The rest are MTM. When I went to the property with my contractor to do some maintenance, I had a tenant inform me that another tenant was running an extension cord to their unit to steal electricity. When I went into the tenant's unit who was accused of stealing electricity (to do unrelated work), I saw the extension cord running towards the common area hallway where they would be stealing the electricity. The power was turned off at that unit by WE Energies.
Now, ideally I would like to boot the tenant immediately. However, under WI law (and I may be wrong), it seems as though I would have to give a "5 day notice right to cure for cause." Is this correct? My understanding is that I cannot give a "14 day no right to cure" notice to the tenant unless this is a repeat violation. Therefore, it seems that I am stuck in that I cannot get rid of the tenant for this act unless they do it again. This seems to go beyond the normal breach in that the tenant is committing a crime, not just a violation of the lease. Not to mention the extreme fire hazard they are causing by doing this. Of course, the previous landlord only had a one page lease that is very minimal and I have all my tenants on MTM leases, so I have zero experience in dealing with one year leases. Any help would be much appreciated.