QUESTION
I was evicted form my apartment. Should I get a lawyer?
Asked on May 20th, 2013 on Landlord and Tenant Law - Wisconsin
More details to this question:
My landlady told me when I move in that if the cops get called for yelling or fighting, it would be an automatic eviction. My sister’s laptop got stolen and we called the cops to report the theft and a week later I got a hand written eviction notice saying I had 30 days to get out. I tried to explain what happened and she wouldn't listen and said I had to leave so I didn't fight I just cleaned the apartment and left. I left her my mailing address and my phone number for any future contact and for her to send me my deposit back at, but I recently got a collection agency on my credit saying I have almost $1400 for that apt because she is trying to say I skipped out on rent and I wrecked the apartment. I went up there to talk to her and she would not give me any information and I called the collection agency and they said I have to dispute the claim to even get any information at all and they have me under the wrong apartment number in the first place.
4 ANSWERS
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.
Answered on May 23rd, 2013 at 1:23 PM
You should file a dispute with the collection agency to get the item removed from your credit.
Answered on May 22nd, 2013 at 11:17 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Go to small claims court and sue for your security deposit.
Answered on May 22nd, 2013 at 10:43 AM
As with all my answers, I will assume this is in Wisconsin. Many inquiries that say they are from Wisconsin aren't. The simple answer to your question is yes, get a lawyer, you may be entitled to compensation yourself.
Answered on May 22nd, 2013 at 10:42 AM