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Small Claims and Landlord/Tenant Matters

Landlords and tenants commonly have disagreements over a variety of issues. Tenants want to rent a space that is properly maintained and private while landlords typically want their property respected and the rent paid on time. These can both be issues for each when problems go unsolved. And when matters cannot be solved by mutual agreement, they can find the way to the court room. All rental disputes are usually small claims court jurisdiction matters unless the claims are of a significant value. In Wisconsin that amount is $10,000. While it is not necessary to have an attorney when going to small claims court, the burden of proof for the plaintiff is preponderance of the evidence, which is a much lower standard than beyond a reasonable doubt. This means that the plaintiff could have a definite advantage in the hearing, and especially if the respondent does not have legal counsel. This is why it is always best to have effective legal representation like McLario Helm Bertling & Spiegel landlord tenant dispute attorneys in Menomonee Falls when legal issues arise.


Tenants have certain rights regarding their rented space. Landlords are expected to make all necessary repairs in a reasonable amount of time when tenants report a problem. Landlords could also be financially liable when tenants are injured at a residence in a bad state of repair, especially if a property issue has already been reported. These rights also are not contingent on rent payments being current.


Landlords likewise have rights to property protection and prompt payment of rent. The terms of a lease also typically further protect the landlord to a specific degree in many instances. However, a lease can also spell out landlord requirements and be used to bolster a claim from the tenant. Landlords also have eviction rights when a tenant has been involved in criminal activity or constantly disturbing the peace. Behavior of a tenant can be a problem, but there must be clear evidence of financial damage for the landlord to typically file a financial claim beyond rent payments.

Always remember that it is still best for either party to have experienced legal representation when facing a hearing over a rental space. Wisconsin residents should call McLario Helm Bertling & Spiegel landlord tenant dispute attorneys in Menomonee Falls for solid representation.

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