Tenant Breach Ultimatum - Wisconsin

[Mitch Jorgensen]

Good Morning BP Community!

I recently purchased my first SFH rental about 5 minutes from my primary residence (duplex). This is my first case of a difficult tenant. She has been in the property for 26 days and I went over to the property yesterday after receiving complaint about noise, trash, and other nasty accusations from a neighbor.

I plan to call her and verbally give her the below points before sending the email. Do you think I am taking the right approach? Should I do anything differently?

Email Message Draft (the bullet points didn't copy over well):

As discussed on the phone, below are a few lease violations/breaches I noticed when I was checking the furnace filter yesterday. Please fix the following breaches before Sunday morning at 9:30 AM. Due to these issues, I will also be scheduling weekly inspection of the property until further notice to ensure these lease breaches do not happen again.
I really do want to retain you as a tenant (I think you are a great person), but I need to enforce the rules on the lease that we signed to ensure protection of my property and prevent any issues with neighbors.

1. Trash and recycling disposal
   • There was trash and recycling (including a mattress) around the garage in the alleyway. I understand you are in the process of moving, but you are responsible to manage the garbage and recycling. Garbage is to be placed in the proper disposal bins, neither garbage nor recyclable materials can be kept on the grounds. If you wish to dispose of large items that the city will not collect, you must make special arrangements or do so yourself in accordance with local ordinances and laws.
   • I have also received complaint from a Neighbor about this issue
     • Please review your lease documents: Rules and Regulations - section 25-27, or, Addendum to Residential Rental Agreement Non Standard Provisions - Section 3-6
   • I will be stopping over on Sunday Morning around 9:30 AM. Please have the garbage picked up and disposed of by Sunday morning or or you will be issued a 5-day Notice to Correct Breach or Vacate.
2. Smoking on the property
   • There were 2 (maybe more) bongs on the basement bar. Besides the fact marijuana is illegal, I have a strict no smoking policy anywhere on the property. This is very clearly articulated in your lease.
     • I have also received a complaint from a Neighbor about this issue/smell
     • Please review your lease documents: Smoking Policy Addendum - Page 1, or, Residential Rental Agreement - Section 116-124, or, Rules and Regulations - Section 53-54, 57.
       
     • I will be stopping over on Sunday Morning around 9:30 AM. If I notice a smoke or marijana smell on Sunday morning, you will be issued a 5-day Notice to Correct Breach or Vacate.
       
3. Neighbor Complaint - Noise, Trash, Marijuana Smell
   • I recently received a complaint from a neighbor regarding the noise, trash and marijuana on the property. Since I have already covered the smoking and trash breaches above, l will just focus this one on the noise complaint.
   • Per the lease, you cannot produce noises that will disturb the right or comfort of other tenants and/or neighbors.
     • Please review your lease documents: Rules and Regulations - Section 57
4. Other Residents
   • We noticed signs of more than 3 residents (yourself and two children) living at the property. Tenants may not have any person who is not listed on the lease reside in the Premises for more than 14 days of the year (unconsecutive) or more than 3 days a month (consecutive).
     • Please review your lease documents: Residential Rental Agreement - Use of Premises and Guests - Section 103-110
     • I will be stopping over on Sunday Morning around 9:30 AM. If I notice signs of this on Sunday, you will be issued a 5-day Notice to Correct Breach or Vacate.