5 day vacate

[mhackelberg]

I have asked for assistance on the main appliances in my apt for 6 months now. My washer shreds my clothes and towels, my dryer takes 200 minutes to dry a normal load and gets extremely hot on the top each time, and the dishwasher has never worked, I usually wash them twice or hand wash. There are many more problems with my apt but those are the main ones. I talked to an employee about 3 weeks ago with my concerns and he told me things would be looked into. I turned my rent in 3-5 days late one month cause my child support was late and the next month I sprained my ankle bad and I didnt realize the date. I sent it immediately. They want me to pay an extra $50 for each month that I was late. My arguement was that if things would get fixed in my apt I would not have an issue but when the closet door fell on my daughters head when she was in her bed doing homework, that was the last straw. They have now given me a notice of pay or you have 5 days to vacate. We also just got 16 inches of snow with the threat of getting more. What are my rights? If my stuff is not fixed and doesnt work do they have the right to demand that $100? I seriously dont have it, I have been unemployed since last July. Please help!

 

[mightymoose]

If you were served papers, read them carefully. You have an option to respond to the court and state your reasons for non-payment.
Personally, I don't think they would get the eviction since you have actually paid your rent... however they could try to get a civil judgment for the late fees.
If you haven't done so yet, send a certified letter to the landlord listing all the problems with the rental property and ask for them to be fixed immediately. If they don't respond to your documented attempts to have the apartment repaired, then you can proceed with your own suit against them.

 

[Gail_in_Georgia]

If you are, perhaps, withholding rent because of these repair issues, your problem is that speaking to some employee about these concerns is not providing you with any paper trail documentation to provide to a judge should this end up on court.

As mightymoose said, it is important to document in writing requests to repair items and give the landlord/management a specific time frame to address these concerns.

I've attached some information of landlord/tenant laws in Wisconsin that outlines your options should a landlord/management not address your repair concerns:

http://lawdigest.uslegal.com/landlord-tenant/summary-of-residential-landlord-tenant-law/6039/

Good luck!

Gail

 

[mhackelberg]

I am not withholding rent, they want extra cause it was 5 days late, I think there is a huge difference, I make this comment without reading the information you sent me. Thank you for your input I appriciate it so much!

 

[Gail_in_Georgia]

Rather grumpy last night, weren't you?

What may happen regarding this notice...if not "remedied" within the required time period (i.e., paying the late fees), the next step would be for management to file for the actual eviction. It's important to remember that only a court can actual evict someone; thus the "pay or quit" notice can be seen as a warning that after five days management has the option to file with the legal system.

Will a judge grant an eviction based on not paying late fees? It's unlikely but it has been known to happen. If so, an eviction can take place even in the dead of winter.

To prevent all of this (and to boost your legal rights regarding repair issues) it would make sense to pay the late fees and then begin documenting your requests for repairs in writing, sending such to management with you keeping a copy. In the documentation list a time period in which you request these repairs be completed by. That way if you wish to pursue the options Wisconsin provides to tenants you'll have the power of documentation behind you.

Gail

 

[mhackelberg]

Gail, appreciate your comments and assistance. All but the first line. I am being taken advantage of, I have 2 kids and just this morning took one of their leg warmers out of the dryer, with a huge hole in it! YES IM GRUMPY! But I dont need people reminding me of it as it makes me even more GRUMPY!

 

[Gail_in_Georgia]

If you believe you are being taken advantage of, it would really be in your best interest to get all your "legal ducks" in a row (so to speak) should this issue end up in court.

Often who ever "wins" in court is the person who presents the best evidence in the form of documentation to the judge.

For example, say that management does take you to court to get an eviction for owing late fees. If your response is going to be that they have not addressed repair issues and by failing to do so you are justified in not owing late fees, your presentation would be much stronger if you have documentation to show that you have notified management of these issues and that they have not responded to them.

Gail