Legal Question in Landlord & Tenant Law in Wisconsin
If a lease that states the following and was signed in front of a Notary... I the signee/renter have fully read and completely understand all conditions and terms stated forth in both the Rental Agreement and Waiver of Eviction Rights whereby I agree to wave any and all tenant rights governed by law and the Wisconsin State Statutes. (Including but not limited, to Wis. Stats. 704.17, 704.21, 799.40, 801.15 & 990.001). If the lease ends on the 30th, and notification of non release was sent 25 days before the end of the month. Does the landlord have the right to lock me out on the 1st weather or not I have my stuff out?
1 Answer from Attorneys
While he can certainly do it, self help eviction in WI is illegal for tenants in possession, and therefor such a waiver would probably not stand up in court if you sued (which is also true of many if not most waivers in WI). If you do not sue, however, you will never find out, so get a lawyer right away and go over your options. A letter from your lawyer to the landlord pointing this out might be well worth the effort and expense. You have an opportunity to get your damages (if you can prove any) multiplied in court, together with reimbursement of attorney fees if you can win a judgment in court.
Answering this question does not make me your lawyer, and I would normally not do anything else on your case without additional arrangements, although you can ask for clarifications here or also see my past answers to similar questions at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. View over fifteen years of past answers at http://www.lawguru.com/answers/search/attorney/jknixon or www.jayknixonlaw.com. Answers may contain attorney advertising materials..
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