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Kicked out during pre paid month

Discussion in 'Roomate & Joint Leases' started by Jorge sifuentes, Dec 23, 2018.

  1. Jorge sifuentes

    Jorge sifuentes Law Topic Starter New Member

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    I need assistance. I got kicked out from my current living area. I was renting a room for X amount and then there was personal drama going on, and they took my key away and kicked me out but the month wasn't over. What legal action can I take .
     
  2. army judge

    army judge Super Moderator

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    If what you describe above is the absolute truth, you may have made a big mistake if you left the unit.

    Only a judge can evict a tenant after due process has been exhausted, as in a trial.

    You may still be able to seek redress, so get ready to educate yourself, mate.

    Wisconsin law says:

    Many tenants mistakenly believe the landlord can kick them out when an eviction notice expires.

    This is not true!

    The only thing the landlord can do is file for an eviction hearing in court, where the tenant has a chance to fight the eviction and/or try to settle with the landlord.

    The fact that you went to court will now be on both people's public record, and so will the results of the case (eviction, dismissal, or stipulated dismissal).

    After getting an eviction notice, tenants MUST move out to avoid going to court, but they often have the chance to fix the problem and stay, without ever going to court.

    A tenant can only be forced to leave an apartment after they been to court , and only if a judge rules in the landlord's favor.

    A court order must be given to the sheriff who would then remove the tenant from the apartment.

    The landlord cannot change the locks, throw the tenant's stuff out, or take any other action without this court order.

    The sheriff (or deputy sheriff) is(are) the only person(persons) who can physically remove the tenant.

    You have rights as a tenant.

    Educate yourself about your rights as a tenant in WI:
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    https://www.fdl.wi.gov/cofuploads/LT_TenantsRights143SightImpaired.pdf
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    If what you recalled above is 100% accurate, you are the victim of an unlawful eviction.

    You can bring a lawsuit in small claims court.

    How?

    Here's how:
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    http://www.badgerlaw.net/Data/DocumentLibrary/Documents/1222180572.65
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    https://www.fdl.wi.gov/cofuploads/LT_TenantsRights143SightImpaired.pdf
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    Rights in Wisconsin
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    Landlord Resources | City of Fond du Lac, Wisconsin
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    ...

    ...
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  3. army judge

    army judge Super Moderator

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    "Self-help" evictions are illegal under ATCP 134.09(7) ( Wisconsin Legislature: ATCP 134.09(7) ) .

    This means the landlord trying to force a tenant out by doing things like changing the locks, forcing the tenant to vacate the premises, disposing of the tenant's property, taking the tenant's keys, shutting off power, etc. without a court order.

    If this happens, tenants can sue in small claims court for double their costs (hotel rooms, etc.) plus court costs and reasonable attorney's fees under ATCP 134
    Wisconsin Legislature: Chapter ATCP 134 .
     
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  4. mightymoose

    mightymoose Moderator

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    In short, based just on your statement, you were illegally evicted and you can sue in small claims court for damages.
    There can be significant penalties for an illegal eviction that may motivate you to proceed, but before you do you must decide whether the person you intend to sue has the means to pay you if you are successful.
    I suspect the answer to that is likely no, and therefore your best option may be to suck up the loss and move on to something better, avoiding such arrangements in the future if possible.
     
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  5. Jorge sifuentes

    Jorge sifuentes Law Topic Starter New Member

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    Thank you so much

    I did feel harassed because they came into my work to pick up my key . Since I didn't want to cause a work scene I surrendered my key and returned to work. But now I haven't showered or picked up more work uniform this is still going on right now as I am reading these replies. This helped a lot thank you
     
  6. army judge

    army judge Super Moderator

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    You can ask for a sheriff's deputy or police officer to meet you at the residence for a civil standby so that you can regain entry to the residence, or remove your belongings.

    If you want to remove stuff, you'll have about 15-20 minutes to do so.

    Be prepared to be told, "Stuff, what stuff? He took it all with him when he left."
     
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  7. Jorge sifuentes

    Jorge sifuentes Law Topic Starter New Member

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    Yeah they kept my Alexa Amazon speaker.

    And I am missing other stuff that I purchased.

    I hope they don't plan on keeping it for like security deposit reasons / leverage because we didn't do a security deposit.

    He also said that I won't be getting my prepaid amount return because I did damages that I am unaware of.


    And thank you guys so much for your replies this is really resourceful and helps me out . I'm thinking of getting a lawyer, do you guys think I'll need one? Here in winnebago county Wisconsin <FDL
     
  8. mightymoose

    mightymoose Moderator

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    If you think it is worth pursuing then do so in small claims. The cost of an attorney will be faf more than anything you are likely to be awarded in court.
    Do a little research regarding landlord/tenant responsibilities in your state. You likely have a legitimate dispute but you really must consider the likelihood and ability of the other party to pay if you are successful.
     

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