How can I recover overdue rent from my aircraft renter?

Full question:

I have a renter keeping his aircraft in my hangar. He has not paid rent in almost 3 years. We have a written agreement which says he owes me $100/month. I would like to give him notice that I will start selling parts of his aircraft to cover the almost $3,000 that He owes me. He refuses to answer any of my requests and lives out of state. How can I recover this over due rent?

Answer:

If a tenant fails to pay rent, the landlord typically must follow state laws regarding termination of the tenancy. In Wisconsin, you must provide written notice to the tenant, allowing them a specific period to pay the overdue rent or vacate the premises. For month-to-month tenancies, you must give at least five days' notice to pay or vacate, and fourteen days' notice for termination due to non-payment (Wis. Stat. § 704.17(1)(a)).

To recover the overdue rent, you may need to take legal action. This involves obtaining a judgment in court for the unpaid rent. Once you have a judgment, you can create a lien on the tenant's assets. However, you cannot seize the aircraft or its parts without a judgment and following the appropriate lien procedures. It’s advisable to consult with a legal professional to guide you through this process.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

While having a messy apartment may not lead to legal trouble, it can violate your lease agreement if it affects health or safety. Landlords generally expect tenants to maintain a reasonable level of cleanliness. If your mess leads to complaints or damages, the landlord may have grounds to take action, such as issuing a warning or starting eviction proceedings. It's important to check your lease for specific cleanliness requirements.