Eviction Grounds Im being evacuated since some neighbor complained Management about kids running and Screaming.

[chandra]

Jurisdiction

Wisconsin

Hi, I have moved into an Apartment a Month Ago; I live with my wife and kids 3.5 years and 18 Months Old; They do normal walking and running in the home;
One of old neighbor who stays diagonally below to my unit has complained to management; He is having 4 other people who are not even my neighbors to call and report an complaint on me; Cops came twice and found no noise from my apartment.
I checked with other neighbors and one right below me, they told they did not here any noise from my unit.
Management is not even listening to us and just served couple of notices and sent notice to evacuate in nest 14 days. Im ready to leave the apartment but they are telling i have to evacuate and continue paying rent until someone moves in. I see some conspiracy behind this.
The structure of property is so week and we here noise even if any one walks house or hall way.
Please advice how to proceed.

 

[adjusterjack]

Yes, I do think there is a conspiracy going on.

The question is: Do you want to fight this or just leave?

If you want to fight this, understand that both Wisconsin and the US fair housing laws prohibit discrimination against families with children.

Wisconsin:

http://dwd.wisconsin.gov/dwd/publications/erd/pdf/erd_9523_p.pdf

US:

Fair Housing -- It's Your Right - HUD

If you decide to fight it I suggest that you file written complaints with both the state and the fed and send copies of the complaints to management indicating that you are not going to stand for illegal discrimination.

I also suggest that you find out who owns the building from county property records and send copies to the owner, who might not be aware of what management is doing and who would have more to risk than management.

Then hunker down and see how it plays out.

On the other hand if you want to just leave, no, you don't "have to" continue to pay rent after you leave. Under WI law the landlord has a duty to mitigate by re-renting as soon as reasonably possibly:

2015 Wisconsin Statutes & Annotations :: 704. Landlord and tenant. :: 704.29 Recovery of rent and damages by landlord; mitigation.

If you keep paying, he has no incentive to re-rent and it could drag on as long as he keeps getting your money.

Without money coming in for that apartment, he has a greater incentive to re-rent it faster.

Won't change your potential financial obligations and you will likely lose your deposit but, at least, you keep your money in your pocket instead of his.