He said, she said. Who moves out? 

There are two tenants named on the lease: the boyfriend and the girlfriend. She wants him removed from the lease and wants him out of the property. He, however, does not want to be removed and wants to reconcile. Each has called the police and each has been arrested for a domestic dispute. Can a landlord remove one of the two tenants from the lease? If so, for what reasons?

Generally, tenants have joint and severable liability for a lease, and any individual tenant or landlord cannot unilaterally change the agreement/contract without the consent of all parties to the lease. Removing one tenant may be accomplished by amendment, but that requires agreement between the parties and landlord. If the tenants are unable to reach a mutually agreeable solution to amend, they may all agree to terminate the lease. The landlord could then enter into a new rental agreement with one of them, should that be desirable.

If a mutually agreeable solution is not arrived upon, the landlord and tenants may refer to the Wisconsin Safe Housing Act and provisions found in Wis. Stat. §§ 704.01(3m), 704.16 and 704.44. The law sets forth procedures for either the landlord or tenant to terminate the tenancy if there is imminent threat of serious physical harm to a tenant. 

The tenant’s right to terminate a rental agreement is found in Wis. Stat. § 704.16. When there is imminent threat of serious physical harm to the tenant or a child of the tenant, and the tenant provides the landlord with proper notice and documentation, the tenant may terminate the tenancy. Likewise, there is a process for a landlord to terminate the tenancy of an offending tenant if the offending tenant: 

• Commits one or more acts, including verbal threats, that cause another tenant or a child of another tenant in the rental unit or apartment complex to face an imminent threat of serious physical harm from the offending tenant if the offending tenant remains on the premises.
• Is the named offender in any injunction protecting another tenant or another tenant’s child — which may or may not be based on sexual assault or stalking, prison release condition, or criminal complaint alleging sexual assault, stalking or domestic abuse against a tenant or a tenant’s child. 

The landlord must give the offending tenant written notice that complies with the statutory provisions requiring the offending tenant to vacate on or before a date that is at least five days after the notice is given.

If the landlord wishes to proceed with termination of the tenancy of one of the tenants, the landlord may wish to confer with the landlord’s personal legal counsel to determine the applicability of the statute to this situation. 

Good dog? 

Potential renters filled out an application to rent and disclosed they have two Rottweilers saying they are good dogs. Are there any suggestions about how to screen potential tenants with pets or how to address situations if the tenants’ dogs endanger another tenant or any other pets in the area?

While many property managers and landlords are reluctant to allow pets in their rental units, others have found that careful screening and thoughtfully planned pet policies can create a mutually respectful relationship. The owner or property manager may protect him or herself against many pet concerns with careful planning and documentation.

• Ask for a written pet resume and references vouching for the pet’s good behavior and responsible attitude of the pet’s owner.
• Put tenants with pets on month-to-month rental agreements so that the tenancy may be quickly ended if there are problems. This agreement may be documented on the WRA Residential Rental Contract form, which is designed for use either as a lease or a month-to-month tenancy.
• Have written pet rules that, for instance, set limits on the type and size of animal; require that pets be neutered or spayed and that cats be declawed; require that all pets be leashed when outdoors and relieve themselves only in designated areas; require the tenant to immediately pick up any pet waste; and prohibit any excessive pet noise or disturbances. Ask to see documentation, when appropriate, and enforce the rules that are established.
• Require an additional pet deposit, which is an extra security deposit for pet damage, or an extra monthly rent for each animal residing in the rental unit. If you charge both, carefully and clearly indicate the purpose of the extra charges in the rental agreement and pet policies. Some tenants may contend that if monthly pet rent is intended to cover pet damage, then any repair costs for damage caused by the pet should not also be deducted from the pet deposit because double charging is illegal.
• Most owners may charge pet owners higher security deposits, but not in Madison and Fitchburg where local ordinances limit the amount of the total security deposit to one month’s rent. All deposits, no matter what they are called, fall under these restrictions. Owners should make sure there are not any local ordinances limiting pet deposits for rental properties.

Landlords have several options when considering renting to tenants with pets. The landlord may ask private legal counsel to draft lease terms that meet the landlord’s objectives. The preceding excerpt is from the March 2006 Wisconsin Real Estate Magazine regarding considerations when renting to tenants with pets. The complete article, “Dealing with Pets in Rental Properties” is available at www.wra.org/WREM/Mar06/Pets.

Office security

A potential buyer stopped by the brokerage office last week and asked to work with only single female agents. The individual made statements about wanting a single woman and maybe she would "stay with me." The person was uncooperative when offered a male agent, had an odd demeanor and created an overall awkward situation for the office staff. The broker has the name and phone number given by the individual, and the staff got information on his car and the license plates. How should the broker proceed? 

Safety first 

When there is a report of behavior in an office or the community that may be threatening to the safety of REALTORS^®, a measured, balanced response must be achieved. Safety is always the primary concern for licensees and office staff. In some situations, conduct that may be disconcerting may or may not be a violation of the law. However, taking precautionary steps to maintain safety is paramount. Trust your instincts while also being careful to avoid speculation and assumptions about whether an individual may pose a risk. 

Follow company policy 

The broker may investigate and document the experience of the staff. Notification via internal office email may include a summary of the behavior, general description of the individual and a request to report additional contact to the office manager or broker. Once a summary of the situation is obtained, the broker may decide to report the behavior to the association or law enforcement. 

Law enforcement 

Whether to contact local law enforcement is a determination made based on the encounter. Be prepared to give a summary of the experience, description of the individual, any identifying features, contact information or information about any automobile or license plate. Allow the police to evaluate the situation and take the steps they deem necessary. 

Notify the local association 

Local associations may communicate potential safety concerns to members based upon reports by association members or local law enforcement. Each association has policies to balance informative communication and avoid liability for inappropriate dissemination of potentially private information or rumors or accusations without a factual basis. The association can assess the situation and determine whether, when and how a safety alert is appropriately communicated to members. 

See the extensive list of safety resources in the article “Safe. Secure. Successful.” in the September 2016 issue of Wisconsin Real Estate Magazine at www.wra.org/WREM/Sept16/Safety. Also see “Worry About You When it Comes to Safety” in the November 2014 issue of Wisconsin Real Estate Magazine at www.wra.org/WREM/Nov14/Safety. 

Threatening individual 

An agent is concerned because an individual is bothering her by repeatedly calling her, harassing her and otherwise acting in a threatening manner. What steps can the agent and firm take specifically when the agent is scheduling and advertising open houses? 

No one should put themselves in harm’s way to sell real estate. If an individual or agent is being harassed, he or she should consult with the broker of the firm and private legal counsel. Documentation of the unwanted conduct is a beginning point to determining a proper response. When it is appropriate to reach out to law enforcement and when it is appropriate to obtain and enforce a restraining order against the perpetrator is a determination to be made in light of the conduct. Meanwhile, if the seller insists on hosting open houses, the agent and the agent’s firm should take affirmative steps to assure safety of the agent. Not doing so could expose the agent to harm and the firm to liability in the event something would happen to one of its agents.

If the agent feels she is in danger, perhaps she and the firm should discuss whether she should (a) conduct open houses, (b) call the police, (c) be accompanied by other individuals at open houses, (d) limit access to open houses, or (e) take other precautionary measures. 

Information about obtaining restraining orders is available on the Wisconsin Department of Justice website at www.doj.state.wi.us/ocvs/victim-rights/restraining-orders.

Tracy Rucka is Director of Professional Standards and Practices for the WRA.