Perspectives

Landlords across the Upper Midwest share similar frustrations: late payments, damaged units, drawn-out evictions, and tenants who push lease limits. But how you can respond-and protect your investment-depends heavily on state-specific landlord/tenant laws. In this post, we explore the five most common tenant-related challenges landlords face, plus legal insight for property owners in Minnesota, Wisconsin, North Dakota, South Dakota, and Montana.

Nonpayment or Chronic Late Payment of Rent

Tenants falling behind on rent is the most common and financially damaging issue for landords. Delayed payments can disrupt cash flow, affect mortgage payments, and cause tension in the landlord-tenant relationship.

Tip from WFJ: 

• Use clear lease language: outlining rent due dates, late fees (within legal limits), and consequences for nonpayment.
• Document all communications and payment histories.
• Follow your state’s required notice process before initiating eviction. For example:
  • MN: No statutory notice required for nonpayment before filing, but proper notice may still be best practice.
  • WI: 5-day or 14-day notice depending on lease history.
  • ND, SD, MT: 3-day notices required before court filing.
• Work with legal counsel to ensure proper service of notices and to prepare for court procedings.

Improper Handling of Security Deposits

Security deposit disputes are a leading cause of small claims cases against landlords. Issues often arise from improper deductions, delayed returns, or lack of documentation.

Tip from WFJ:

• Know your state’s timeline for returning deposits:
  • MN: 21 days
  • WI: 21 days
  • ND: 30 days
  • SD: 2 weeks (up to 45 days with written explanation)
  • MT: 10 days (no deductions) or 30 days (with deductions)
• Provide an itemized list of damages and costs.
• Take photos before and after move-in/out to document the unit’s condition.
• Keep records of all repair expenses or cleaning costs deducted from the deposit.

Eviction Process Complexities and Delays

Evictions can be time-consuming, expensive, and emotionally taxing. Missteps in the process (wrong notice form, improper service, or missed deadlines) can result in cases being dismissed.

Tip from WFJ:

• Use state-specific notice forms and timelines-they vary widely.
• Document every lease violation, communication, and attempted resolution
• Avoid “self-help” evictions (changing locks, removing belongings) which are illegal in all five states.
• Engage legal counsel early in the eviction process to ensure proper procedure and avoid costly delays.

Property Damage Beyond Normal Wear and Tear

While minor wear is expected, landlords often face significant damage caused by neglect, misuse, or intentional destruction.

Tip from WFJ:

• Conduct thorough move-in and move-out inspections with signed checklists.
• Include clear lease provisions outlining tenant responsibility for damage.
• In cases of excessive damage, deduct repair costs from the deposit with documentation-or pursue a civil judgment if damage exceeds the deposit.
• Some states allow landlords to include provisions requiring tenants to carry renter’s insurance.

Inconsistent Lease Enforcement or Poor Lease Drafting

Weak, outdated, or vague lease agreements often lead to disputes that favor the tenant. Landlords who don’t consistently enforce terms also risk discrimination or retaliation claims.

Tip from WFJ:

• Use state-specific lease templates that include legally compliant language.
• Ensure the lease covers key issues: rent due date, late fees, entry rights, maintenance, pet rules, occupancy limits, etc.
• Apply rules consistently to avoid claims of selective enforcement.
• Have your lease reviewed by an attorney familiar with the landlord-tenant laws in your state.

Key State-Specific Laws that Impact Landlords

Minnesota

• Eviction filings: Must follow strict notice procedures; unlawful detainer process required.
• Security deposits: Must be returned within 3 weeks of move-out.
• Notice to Terminate Tenancy:
  • Periodic Lease: 1 full rental period’s notice (usually a month).
• Emergency repairs: Tenants may file rent escrow if landlords fail to maintain habitability.
• Retaliation protection: Landlords cannot retaliate against tenants who report violations or request repairs.
• Late fees: Must be disclosed in wiring and cannot exceed 8% of the overdue amount.

Failure to strictly follow the law can lead to dismissal of eviction actions or fines.

Wisconsin

• Eviction process: Must issue a 5-day or 14-day notice dpeending on lease terms and violation.
• Security deposits: Return within 21 days of tenancy termination.
• Entry requirements: At leas 12 hours’ notice before entering a unit.
• Disclosure laws: Must disclose building code violations or flooding risk.
• Abandoned property: No requirements to store a tenant’s abandoned property unless stated in the lease.

Procedural missteps during eviction or deposit returns are a common legal pitfall.

North Dakota

• Security deposits: Return within 30 days; can charge up to 1 month’s rent, or 2 months if tenant has a felony.
• Termination notice: 30 days for month-to-month; no notice required for nonrenewal of a fixed-term lease.
• Eviction: Summary process but must be filed in district court.
• Entry: Reasonable notice required; except for emergencies.

Eviction hearings may be quick, but failing to provide proper documentation or notice can delay possession.

South Dakota

• Security deposits: Must be returned within 2 weeks, or 45 days with itemized statement of damages.
• Termination for Month-to-Month: Requires 30 days’ written notice.
• Eviction: Requires 3-day notice to quit for nonpaymen, then a court filing.
• Entry notice: Must provide reasonable notice; typically 24 hours.

Short notice periods for eviction require landlords to act quickly and accurately.

Montana

• Security deposits: Return within 10 days if no deductions, or 30 days with an itemized list of damages.
• Notice to terminate: Month-to-month-30 days.
• Eviction process: Begins with a 3-day notice, followed by court action.
• Right of entry: Must give 24-hour notice

Montana’s detailed rules on habitability and repair can lead to disputes if landlords don’t keep up with maintenance.

Landlords can minimize risk and avoid costly disputes by proactively reviewing leases, maintaining documentation, and working with legal counsel who understands the specific laws of their state. Investing in legal guidance upfront saves time, money, and stress in the long run. 

We’re excited to announce a significant milestone for Wagner, Falconer & Judd and our long-standing relationship with LegalShield. WFJ has taken the reins as Provider Law Firm for LegalShield members in British Columbia and Alberta.

This expansion marks an incredible opportunity to serve LegalShield members across new regions, broadening our footprint in the Canadian legal market, and continue our legacy of delivering accessible, high-quality legal services across North America.

WFJ has proudly served LegalShield members in Minnesota, Wisconsin, North Dakota, South Dakota, and Montana for more than 27 years. This new partnership not only strengthens our relationship with LegalShield but also enhances our connections with key Fortune 100 clients, many of whom we’ve supported in Canada for years.

We look forward to continuing to provide trusted legal solutions to individuals, families, and businesses, and we are honored to expand our services to LegalShield members in British Columbia and Alberta.

Legal issues can arise when you least expect them-whether it’s a contract you need reviewed, a dispute with a landlord, or simply needing legal advice before making a decision. The good news? With your LegalShield membership, you don’t have to navigate these situations alone or worry about the high cost of hourly attorney fees.

Here’s how the LegalShield membership works, and what kind of support from our team at Wagner, Falconer & Judd you can expect:

Ask Legal Questions Anytime

Have a legal concern or question? With LegalShield you can call your provider law firm or submit your question through the LegalShield app. An attorney will return your call within four business hours to provide guidance and clarity on your situation. Whether it’s a quick question or something more complex, you’ll have experienced legal support just a phone call away.

Recieve Critical Assistance

If you’re dealing with a dispute-say with a contractor, neighbor, or business-our attorneys can step in to help. They can write letters or make phone calls on your behalf, which can often resolve the matter quickly. You’ll also have access to legal templates and documents, giving you the tools you ned to take the right next steps.

Get Feedback on Documents

Need a contract reviewed before signing? You can upload documents directly through the app or online portal, and a WFJ attorney will review them and provide feedback within three buisness days or less. It’s a simple way to make sure you’re protected before you commit to anything in writing.

Hire an Attorney for Less

If your legal needs go beyond what’s included in your membership, you can still access affordable support. LegalSheild members receive at 25% discount off the standard hourly rate for additional services from WFJ-helping you handle more complex legal matters without breaking the bank.

Legal Help that Fits Your Life and Budget

With LegalShield, legal support is no longer out of reach. Whether you’re reviewing a lease, handling a traffic ticket, or navigating a more serious issue, your membership gives you afforable access to trusted attorneys who are ready to help.

Have questions about getting started with your new membership? Contact us to learn more. 

Your credit report plays a crucial role in your financial well-being. It can impact your ability to secure loans, rent an apartment, and even land a job. To ensure that consumer credit information is accurate, fair, and private, the federal government enacted the Fair Credit Reporting Act (FCRA). Understanding your rights under this law can help you protect your financial reputation and take action if inaccuracies arise.

What is the Fair Credit Reporting Act?

The Fair Credit Reporting ACt is a federal law designed to promote the accuracy, fairness, and privacy of consumer information held by consumer reporting agencies, commonly known as credit bureaus. The three major consumer reporting agencies in the U.S. are Equifax, Experian, and TransUnion.

Key Consumer Rights Under the FCRA

Here’s a breakdown of your most important rights under the FCRA:

You Must Be Notified if Information in Your Report is Used Against You: If a company or lender denies your application for credit, insurance, employment or other benefits based on information in your credit report, they must notif you. They are also required to provide the name, address, and phone number of the credit bureau that supplied the information.

You Have the Right to Know What’s in Your Credit File: You are entitled to one free credit report every 12 months from each of the three major credit bureaus. To accesss your free reports, visit AnnualCreditReport.com. You may also request a free report it:

• You’ve been denied credit due to your report
• You are a victim of identity theft
• Your file contains fraudulent or inaccurate information
• You are on public assistance

You Can Dispute Inaccurate or Incomplete Information: If you find errors on your credit report, you have the right to dispute them. The credit bureau must investigate your claim unless they determine it to be frivoulous. If the information is incorrect, the agency must correct or delete it, usually within 30 days.

Outdated Negative Information Cannot be Reported: Consumer reporitng agencies are prohibited from reporting negative credit information beyond a certain timeframe:

• Most negative information: Cannot be reported after seven years
• Bankruptcies: Cannot be reported after 10 years

Employers Must Have Your Permission to Access Your Credit Report: If an employer wants to check your credit report for hiring or employment purposes, they must obtain your written consent before doing so.

You Have the Right to Seek Action Against Violators: If a credit bureau, lender, or company violates the FCRA, you may have the right to sue in state or federal court. This could allow you to recover damages for any harm caused by incorrect or improperly shared information.

Take Control of Your Credit Health

Your credit report is a vital financial tool, and errors can have serious consequences. By regularly reviewing your credit reports and understanding your FCRA rights, you can take proactive steps to ensure your financial reputation remains intact.

If you believe your FCRA rights have been violated or need assisstane disputing inaccuracies, consider reaching out to a trusted legal professional to guide you through the process. Don’t hesitate to seek legal counsel if you believe your credit report has been unfairly used against you.

When it comes to navigating legal processes, few topics feel as overhelming as probate. At WFJ, we specialize in simplifying the complex. Probate is a court-supervised legal proceeding that ensures your property is properly transferred after your death. Let’s break it down so you feel comfortable and informed.

What is Probate?

Probate is the legal process of administering a deceased person’s estate. During probate, a personal representative is appointed by the court to manage and settle the estate. The personal representative ensures debts are paid and property is distributed according to the deceased’s will or state law if no will exists.

Types of Probate Proceedings

Probate can be formal or informal. depending on the complexity of the estate and whether court supervision is necessary.

• Informal Probate: This streamlined process allows the personal representative to administer the estate without the court’s ongoing supervision. Informal probate is ideal for straightforward cases where all interested parties are in agreement.
• Formal Probate: Formal probate may be supervised. It is typically used for more complex estates that require judicial involvement to resolve disputes, address ambiguities in the will, or handle other legal challenges. Supervised formal probate involves ongoing oversight from the court, while unsupervised formal probate grants the personal representative more autonomy.

Where Does Probate Take Place?

Probate proceedings must offuc in the country where the deceased was legally residing at thet ime of their death. For non-residents who owned property in the state, probate must take place in the county where the property is located.

What are Non-Probate Assets?

Not all assets are subject to probate. Non-probate assets are those that bypass the probate processand transfer directly to beneficiaries. These typically include:

• Property held in joint tenancy
• Joint bank accounts
• Life insurance policies with named beneficiaries
• Payable-on-death (POD) accounts
• Real property with a valid transfer-on-death deed recorded in the appropriate county

Proper planning can help ensure that your non-probate assets are distributed efficiently and according to your wishes.

Why Work with WFJ?

Probate doesn’t have to be overwhelming. Whether you’re planning your estate or managing the probate process for a loved one, our experienced attorneys at Wagner, Falconer & Judd are here to help. We’ll guide you through the process with clarity and confidence, ensuring your interests are protected every step of the way.

Simplify the complex. Contant WFJ today to learn how we can assist with your probate and estate planning needs.

The Corporate Transparency Act (CTA) is fast approaching its critical deadline of January 1st, 2025. This law, designed to enhance transparency and combat illicit financial activity, requires certain business entities to report beneficial ownership information to the Financial Crimes Enforcement Network (FinCEN). If your business falls under this new mandate, now is the time to act. (Learn more about the CTA in our previous blog post: here.)

Why the Deadline Matters

Failing to comply with the CTA by the January 1 deadline could result in severe penalties, including fines of up to $10,000 or imprisonment for up to two years. Compliance isn’t optional, and businesses that miss the mark could face significant risks. Preparing now ensures your business remains compliant and avoids unnecessary complications.

Is Your Business Ready?

Many businesses, including corporations, LLCs, and other entities formed under state law, must submit reports identifying their beneficial owners-individuals who own or control at least 25% of the company or exercise substantial control over it. Even if you’re not sure whether your business is required to report, it’s essential to seek legal advice to determine your compliance obligations.

How Can WFJ Help?

• Assessment and Planning: We’ll help you assess whether your business must report under the CTA and develop a plan to gather the required information.
• Accurate Reporting: We’ll guide you in accurately identifying and documenting your beneficial owners, ensuring your filings meet FinCEN’s standards.
• Ongoing Support: The CTA isn’t just a one-time requirement; reporting obligations may change as your business evolves. We offer ongoing support to keep your business compliant beyond January 1, 2025.

Don’t Wait-Act Now

Time is of the essence. The January 1, 2025, deadline will arrive sooner than you think, and preparation is key. Partner with WFJ today to ensure your business is ready and compliant. Our experienced team is here to provide the legal support and guidance you need, so you can focus on what matters most-running your business.

Contact us today to schedule a consultation or take the first step towards meeting your compliance obligations. 

Homeownership is a significant milestone, but it comes with its own set of legal challenges that can create headaches if not properly managed. From title issues to contractor disputes, homeowners must be aware of the potential pitfalls to safeguard their investments and ensure smooth property ownership. Let’s delve into the most common legal issues homeowners face, and learn how an experienced attorney can help address them.

Title Issues

• Unclear title: Inadequate title searches can lead to discovering liens, easements, or disputes over property boundaries.
• Boundary Disputes: Issues with neighbors regarding the exact property lines can lead to legal battles.

Homeowners Association Rules

• Violating HOA Covenants: Failing to adhere to HOA rules can result in fines, liens or legal action.
• Unpaid HOA Fees: Non-payment of HOA fees can lead to penalties and potential foreclosure.

Zoning Laws and Permits

• Unpermitted Work: Performing renovations or additions without the proper permits can result in fines and the need to undo the work.
• Zoning Laws: Using the property in ways not allowed by local zoning laws can lead to enforcement actions.

Disclosures

• Failure to Disclose: Not disclosing known issues, such as mold, water damage, or structural problems, when selling a home can lead to lawsuits.
• False Disclosures: Providing inaccurate information about property condition can also lead to legal action from buyers.

Mortgage and Foreclosure Issues

• Missed Payments: Falling behind on mortgage payments can lead to foreclosure.
• Predatory Lending: Signing up for a mortgage with unfair terms can result in financial difficulties and legal challenges.

Tenant Issues (for rental properties)

• Violating Tenant Rights: Not adhering to landlord-tenant laws, such as failing to return security deposits or provide habitable conditions, can result in lawsuits.
• Eviction Procedures: Improperly handling evictions can lead to legal repercussions.

Environmental Regulations

• Violation of Environmental Laws: Issues such as improper disposal of hazardous materials or not addressing asbestos or lead paint can lead to fines and legal action.

Property Taxes:

• Non-Payment of Taxes: Failing to pay property taxes can result in liens and potential loss of the property.
• Disputes Over Assessments: Challenging property tax assessments without proper legal grounding can lead to prolonged legal battles.

Insurance Issues

• Insufficient Coverage: Not having adequate insurance can lead to significant out-of-pocket expenses in case of damage or liability.
• Claim Denials: Disputes with insurance companies over coverage and claims can lead to litigation.

Contractor Disputes

• Breaching Contracts: Issues with contractors regarding the quality of work, timelines, or payments can lead to legal disputes.
• Mechanic’s Liens: Contractors or suppliers not paid for work done can place a lien on the property.

Being a homeowner is rewarding but requires diligence and awareness of potential legal issues. By proactively addressing those common challenges, homeowners can protect their property and avoid costly legal battles. Whether it’s ensuring a clear title, adhering to HOA rules, or obtaining the proper permits for renovations, taking the necessary steps to manage these legal matters will lead to a more secure and stress-free homeownership experience. If you encounter any of these issues, consulting with a legal professional can provide the guidance needed to navigate them effectively. Having an attorney in your back pocket can not only help you navigate any of these legal pitfalls, but keep you from encountering them in the first place. Reach out today to learn how.