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Holly P | Landlord Problems? Help!? |
I have been in my apartment for almost 3 months now. When I first moved in the landlord agreed to having a dog in the apartment. He has since changed his mind and put an evicition notice on my door today and told me i have 5 days to get out.. what can i do??
he illegally entered my apartment today, and also earlier this month another tenant told me he was seen coming out of my apartment.
I live in wisconsin and have tried to find specific laws to help me out. but i dont know what to do. this is my first apartment i have rented so i am kind of lost on what to do?
can he really make me move in only 5 days?
Additional Details
Yes I have documentation, now he claims that he owns the property so he makes the calls on what he will and will not allow. The couple above me has 3 cats. I have a small beagle that weighs about 25 lbs and was severly abused before I adopted him. He lays in bed all day and doesnt get out, I have had the dog almost a year and I have never heard him bark/howl.
But my rent is up to date and I have never been late with rent. This is only going into my 3rd month paying. But I have signed a years lease. |
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Trouble
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Your neighbors cats are irrelevant to your dog issue.
The dog is allowed per the lease unless or until the dog (or you) do something to violate the lease.
If the dog is causing damage (chewing/scratching/clawing woodwork, urinating or defecating in the rental or barking/howling excessively, then that is your violation.
The landlord gave you a Notice to Cure a Violation or Vacate. There should be a specific reason on the notice.
If you do not cure the violation or vacate within 5 days, the landlord can begin the eviction process.
If you cure the violation but there is a repeat violation within one year, you will receive a 14 day Notice to Vacate - no option to cure. Your lease will be terminated and the landlord will evict.
As far as entry, only 12 hours notice is required.
Also, if you are not home and the landlord reasonably believes that entry is necessary to preserve or protect the premises, the landlord may enter without notice. So, if the landlord sees, hears or smells something that could be damaging to his property he can enter.
Lease. If a tenant under a lease (for a term of one year or less) damages the premises or violates the lease, the landlord may terminate the tenancy as follows:
The landlord may give the tenant a written notice to cure the violation or vacate the premises within 5 days. The tenancy is terminated if the tenant fails to take reasonable steps to cure the violation within 5 days.
If there is a repeat violation within one year, the landlord may give the tenant a 14-day written notice terminating the tenancy, with no opportunity to cure the violation.
If a local law enforcement agency gives a landlord written notice that a tenant has caused a public nuisance on the rental premises, the landlord may terminate the tenancy on 5 days written notice.
Use and Possession of Premises
The tenant has a right to exclusive possession of the premises for the duration of the rental agreement, as long as the tenant does not default on rent payments.
After giving advance notice to the tenant, the landlord may at reasonable times inspect the premises, make repairs, and show the premises to prospective tenants or purchasers. Under Wisconsin Administrative Code chapter ATCP 134, the landlord must give the tenant at least 12 hours advance notice unless the tenant, upon being
notified of a proposed entry, consents to an earlier entry.
If the tenant is absent from the premises and the landlord reasonably believes that entry is necessary to preserve or protect the premises, the landlord may enter without notice and with such force as appears necessary.
A tenant may not:
Remodel or alter the premises without the landlord's consent.
Use the premises for illegal purposes.
Unreasonably interfere with other occupants’ use of the same building or group of
buildings. |
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GWB
|
As a landlord I never agree to nothing without putting it in writing. This protects both you and I.
Since you say you have documentation, you will win if he takes you to court.
In Arizona you would be served a 10 day breach.
This gives you 10 days to correct the breach or I take you to court.
Proving the illegal entry will be tough.
He can say you turned in a work order, smelled gas, had a plumping problem and a whole host of things.
Sorry to say this, but some low handed landlords do this and make us honest and caring ones look bad.
Installing an alarm with out giving your landlord the code is a breach. It is like changing the locks and not giving a key.
Eviction notices are not served by the court. I use a process server.
For you tenant lawyers: I had a resident change the locks forcing us to kick in the door for a fire.
It cost us time which we could have maybe saved the little dog that died.
Plus the tenant lost in court for damages as they had disabled their smoke alarm.
So, to the poster, beware of bad advice. |
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towanda
 |
You have rights. Did you sign a lease? Whatever you agreed to in that lease is a binding contract between the two of you. All leases are negotiable and if you both agree to whatever you write in you both initial it. If you didn't write it in the lease, then you are in trouble. If you didn't sign a lease, then you are month to month and different laws apply to you. I don't know how an eviction works on month to month but usually either of you can give 30 days notice and move with no problems. Have you tried talking to him to find out what's up. He's just a person and he's unhappy with something. If you have proof that he's changed his mind, you have rights there too. Also certain states have laws about landlord entering apartments. You can call your local housing authority. If they don't give you help, ask them who can. There are also laws about how an eviction can be done. Find out about that too. Usually an eviction notice states why you are being evicted. Specific wording has to be used and certain processes have to be done. You need to find out what your local laws are and what your rights are. I would be pretty mad with the landlord. It costs money to turn on utilities and phone, etc and if he just changed his mind, you have to suffer the consequences and cost of moving. Find out just what your rights are. Good luck. I had it happen to me a long time ago too.
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Kacky
|
Something happened to make him change his mind. Either the dog was more destructive than he expected, or noisier or something. He can't evict you on 5 days notice, but he can evict you eventually, so why not get out before the Sheriff puts your belongings on the sidewalk. You won't get your security deposit back, but the sad fact is that landlords almost always find a reason not to give the security deposit back
. |
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♥ChocolateDrop♥
 |
You can fight that eviction! First do you have documentation that he allowed you to have the dog? Is your rent up to date?HOw long was your lease for. I need all of this info to help you out. You can research the law at the below website. |
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Gem
|
Unless the eviction notice was issued by a court, it is doubtful that he can make you move in five days.
I would consult with the department of housing in Wisconsin and give them a call tomorrow to find out what your rights truly are.
Good luck and bad landlords suck. |
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grayhambone
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no, has to give you 30. consult a lawyer, and look for another place, this guy is a jerk. |
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janedoe200869
|
There are many types of eviction and from what you're saying, it sounds like he's illegally trying to evict you. Here's some in-depth info on eviction which I think will help you out a little bit:
http://www.choiceofhomes.com/articles/different-types-eviction.htm
As long as you pay your rent on time and have your pet officially written down on your contract which you say is signed for a year, you should be good.
Also, when he entered your apartment today, that was illegal as well, obviously. Unless he's fixing a leak or something, he has no right to be in there. Plus, like everyone else is saying, he does, according to law, have to give you at least 24 hours of notice before entering your apartment. It really sounds like breaking and entering because he did it without your consent or knowledge. If I were you, I would talk to a lawyer or a friend who has knowledge of this and submit a complaint or something. If worse comes to worse, maybe it's better to move out and find something better. This landlord sounds pretty shady and underhanded. Who wants someone breaking and entering your apartment anytime that he pleases? Maybe talk to him with an attorney and works things out like giving you time to find another place. If I were you, I wouldn't want to continue living there. Best of luck to you.
Here are some links to more information that may help you. They will give you info about Wisconsin rental laws and your rights as a tenant:
http://www.hud.gov/local/wi/renting/tenantrights.cfm
http://www.rentlaw.com/wisconsinrentlaw.htm |
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fawdown
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Find your lease. If it states that you can have a dog, then ask him to put it in writing that he is evicting you for that reason. If he does then you have him. |
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cherry
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I dont think he can just change his mind about something like that- this site says something about it being called and oral lease when you just agree about something not on paper. so he would be breaking the lease. didnt read much of this site, but it sounds like it might be helpful to you. check it out. |
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Lavern H
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If your landlord agreed to allow you to have a dog then he cannot go back on his word and put an eviction notice on your door.He definitely cannot make you move out in 5 days because according to the law you have to give a tenant 30 days notice and if he has been entering your apartment illegally you need to contact legal aid and find out what to do about this person because he is breaking all types of laws. If you have to take this guy to court and sue him so that he won't continue to do this to other people. You need to make sure that you keep those voicemails and when you take him to court you need to sue him for harassment, unlawful entering,breach of contract and moving expenses
because I would not continue to live there after all of that.And I would inquire about bringing charges against him for the unlawful entering. |
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maroonfive
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wow ...
1. google on landlord and tenancy act in wisconsin - your area
2. call the office tomorrow and explain the situation.
3. visit your local city hall and ask information.
4. talk to the landlord calmly and ask why ? if the pet restrictions have changed to no pets allowed then ask the landlord to kindly give you 30 days and release you from the 3year lease agreement and have it in writing.
5. leave the apartment with a smile and peace in your heart.
good luck finding another place and have everything in writing before you even put your deposit. cheers :) |
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Ashlee
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well fist you need to read your lease. see if it states anything about pets. I know you said he said it was okay but in court hear say won't work you need proof. so check out the lease and see what it says about pets. i'm pretty sure he cannot enter your home and he is suppose to give you 30 days to leave. you really need to look over your lease and will probably end up in court. I wish the best for you cause it seems your getting screwed over. good luck
just read your additional statement.. seems your going to have to take him to court before he does you and your stuff ends up on the street and you have more hassel out of the whole ordeal. I would start by getting a attorney .. get out the yellow pages and call around.. in the long run if you win your case he will pay for the court costs and all. Best of luck to you. |
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LIONDANCER
|
I installed an inexpensive alarm system from Office Max and told my landlord that it will call the police if he enters my premises in my absence. It has kept him out for the past 4 years.
As for your dog I don't think he can just evict you without warning. Do you have a contract? I would study it especially the small print. See if you can take it to Consumer Counsel. |
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Mommy Me
 |
Usually he cannot enter w/out giving 24 hours notice, and you have 30 days to be evicted, but you are served by the county sheriff. Go to or call your state capitol and request information on the landlord/tenant laws in your state. |
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Property Manager
 |
Is it in your lease (in writing) that the dog is allowed? If yes and the dog has not created any problems or caused any damage, he's stuck with it, until the end of the lease.
If the lease says "No Pets", then you have a problem.
What you describe sounds like a notice to perform or quit. Basically, the notice is telling you that you 5 days to cure the breach (in this case having an unauthorized dog). To cure the breach, you would need to get rid of the dog. If you don't cure the breach, then he can evict you. He must go through the courts to do this.
Some important notes though:
(1) I'm not familiar with Wisconsin laws, however, 5 days does not seem like it's a long enough time. His notice might be invalid.
(2) He can't FORCE you to move, without going through the courts.
(3) If your lease, specifically allows you to have the dog, then the whole thing is moot and the landlord must honor it, at least until the lease period is over.
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Gertie
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If your lease says your allowed to have a pet there is nothing he can do. Since your current on your rent he can't make you move out. |
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Ask Alice
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No, he has to give you a month as far as I know. Go to the police, if you have any documents saying that he allowed the dog(you should have gotten it in writing before you signed the lease and it should actually be on the lease itself).
The only way to get the law on your side at all is to call the police, ask them if it's legal for him to enter your apartment without permission from you(it is in some states or sometimes it's in the fine print on the lease). Bring a copy of the lease to show the officers who help you, see if you can file a report against the landlord, if you feel he's abusing his rights as a landlord or if he's harassing you then you certainly have a reason to file. The police can help you with this. Just call them and tell them the problem, they'll ask if you want to file a report about it(if he's in the wrong) and they'll probably send officers to your house. It'll probably freak the landlord out if he knows you're taking action, be careful, I've heard of landlords doing really nasty things to peoples pets.
Honestly, just call the cops. See if your dog can stay with friends while you sort this out. If the landlord let you sign a lease then he has to honor it as much as you have to. If you told him you were moving out then he could sue you for the rest of the money he would have made off you in that year, so he has to be held accountable for his end of the bargain as well.
I would be worried mostly about your dog at this point, especially if the landlord is entering your apartment. I wish you could video him somehow, you don't even know if he's going into your underwear drawer or anything creepy like that. If I was your dog and some creepy guy was trying on my owners underwear I would bark too! The cops should be on your side here. Your landlord is acting unacceptably. |
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kel4545
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Yes. Or, you can stay and possibly be charged double the rent per day. Do you have anything in writing about the dog?
What does your lease say about entering your apartment? Most leases have it written in a way that there is any excuse to enter one of their apartments.
As a property manager, I find it unbelievable how many people do not read the leases they sign. Sometimes, they even go to court believing that can win without ever looking at the legal document they sign.
Fact of the matter is, if your landlord has been invading your privacy and entering your apartment without your permission, why do you want to stay? It sounds like he hasn't obtained a court judgment, so it won't count against you in the long run. I just wouldn't ask for a referral from him for your next apt. |
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