Wisconsin Landlord And Tenant Legal Questions

It depends on what you call notice?  Were you served a Notice to Quit? That is the begining of the formal process. If you would like to speak with us further about defending against the eviction, please feel free to contact us.  It is a technical process that moves quickly if you do not understand what you are doing. 203.870.6700... Read Answer

What does your lease say?  In general, whatever it provides is what you are obligated to do.  For example, if the lease provided that you would have to pay for the landlord's therapist as part of your rent, you would be obligated to do so.  If you have no written lease, you are obligated do do whatever you agreed to, but bear in mind that if you have no written lease you are probably a month to month tenant, meaning that the landlord doesn't have to rent to you beyond the end of the month.... Read Answer

There is no problem in suing 2 months later. If 2 years goes by before you sue, you could have a problem with something called the Statute of Limitations if you reside in Wisconsin. Different states have different limits on time to sue so you will have to consult with someone residing in the state you live if its not in Wisconsin. Hopefully, you have proof and witnesses for your allegations.... Read Answer

If you were on a month to month tenancy and had lived there less than a year she does not have to give you any reason for ending the lease via a written thirty day notice [60 days if lived there a year or more]. Evicting you for calling the police might be an action against public policy and thus illegal, but that is not clear, and I assume she was not so unwise as to tell you that was the real reason for the eviction. Within 21 days of your vacating, she had to send to you a written statement as to what amounts of the security deposit was being withheld for what specific reasons or she waives the right to keep the deposit. Write her bringing up these two issues and tell her to cancel the collection agency's effort as you owe her nothing. A lawyer will be relatively costly but if she violated the 21 day requirement an attorney might be willing to take on the case to write some letters and try to collect triple damages.... Read Answer

It depends. If the landlord wants to evict you for non payment of rent, he has to give you three days notice to pay or quit (leave). If you fail to leave, he must then go through what is called the Unlawful Detainer process, filing a lawsuit and getting a judgment against you. He will probably take the above course of action as you owe rent. If you were up to date on the rent and he just wanted to have you leave, he would need to give you 30 days notice of termination of tenancy (possibly 60 depending how long you lived there.) These are California timetables.... Read Answer

Well, you may have to take time from your busy schedule to report the incidents as they occur, as the police suggest. You may also have to file proceedings in court (PPO, lawsuit for harassment, etc.) in order to make this problem stop. Doing little or nothing is obviously not working for you. Bottom line, though, I would plan on moving as quickly as possible. If you're "not in a position to move," get in the position.... Read Answer

More information is needed to really understand where this issue lies. If you are seeing an entry in your credit, tenant or background reports reflecting an eviction that never occurred, then it could be a case of the reporting agency mixing your file with some else's information. You have rights to dispute these kind of entries. If it is a matter of a public record at the courthouse, then you need to investigate this further. It could be that the landlord file an action and obtained a judgment, and perhaps you were not aware of the lawsuit because you were not served with the summons and complaint. If this is the case and you have a defense to the claim, then you need to file documents with the court to vacate the judgment and litigate the underlying claim. There could be other circumstances that apply, but without more information, it is difficult to diagnose. You should consider contacting an attorney that handles consumer reporting matters for a consultation. That may help you determine just what exists in the public records and how to correct any inaccurate information. I have some information on consumer reports and tenant screening on our website that may be informative in this situation, www.celcwi.com.... Read Answer

Yes, you could potentially be liable if the damage was caused by your negligence or improper use of the premises. While the landlord may be reimbursed by the insurance company, the insurance company may have a subrogated claim against you. This means that they can attempt to recover the amount they paid out from you to the extent that you are liable to the landlord.... Read Answer