[this8384]

Have a tenant who moved in on August 15, 2008. After signing a 6-month lease with her, we realized that this woman isn't ready to be living on her own. She was released from a nursing home where she was living in the brain injury center. We spoke with her family case worker, who agrees with us that it simply isn't safe for her to be alone; however, she can't be forced into assisted living without taking a competency test. There are other issues such as her disturbing the other tenants, blocking off the driveway, domestic disturbance because her husband is physically abusive, etc.

We left her a note saying we wouldn't be renewing her lease and also read:

After speaking with [workers from the state], we feel that this apartment is not the best place for you to be residing in your current condition. We feel that you would benefit from living in a more rural area or at least where someone is more readily available, should you have an emergency. We have enjoyed having you as tenant, [name here], but the apartment is not set up for your needs and we are concerned for your safety. The last thing we want is for something bad to happen due to the fact that the apartment is simply not designed for your needs.

She then tells the other tenants that she's going to try to find an attorney to sue us for not renewing her lease and base it on discrimination because she's handicapped. I'm wondering how far she'll get with this because I forwarded the letter to her case worker prior to leaving it for the tenant and she said everything in it was fine.

I've downloaded The Wisconsin Way, which is a guide for landlords and tenants in this state and spells out all of the laws regarding property rental. I can't find anything in it regarding me having to renew her lease or discrimination. Any thoughts?

[JudyKayTee]

I don't think she has a case. You aren't failing to renew because she's in a class (disabled people); you are failing to renew because she's a danger to herself and the other tenants. From what I can read in Wisconsin (thanks for the info) a landlord isn't under any type of obligation to renew any lease any time.

I think to protect myself I'd send some sort of certified letter simply stating that you have made the determination not to renew her lease and leave out the "in her own best interest" language. If she has to be evicted, I would go with the disturbing the other tenants part as well as every other problem she's caused.

Sometimes the most innocent language finds a landlord tapdancing on a razor blade.

And SAYING she's going to find an Attorney and actually paying one for legal advice when there's really no financial damage to her (it would appear that if she is claiming some sort of defamation SHE's the one who passed out the information) are two different things.