Eviction (by Marlene [WI]) Dec 1, 2013 12:05 PM|
Eviction (by OPM [OR]) Dec 1, 2013 1:14 PM
Eviction (by Beth [WI]) Dec 1, 2013 1:56 PM
Eviction (by Robert,Ontario,Can [ON]) Dec 1, 2013 2:14 PM
Eviction (by S i d [MO]) Dec 1, 2013 5:18 PM
Eviction (by V [OH]) Dec 2, 2013 5:55 AM
Eviction (by Marlene [WI]) Posted on: Dec 1, 2013 12:05 PM
State Specific Question About: WISCONSIN (WI)
This might get a little long, but bear with me. I have a friend who has several rentals. She filed eviction notice on one of her renters. The renter met her at court. But, in our county, the renter and the landlord must go to mediation before the court date. My landlord friend said that the mediator seemed to be just some person off the street. He didn't participate much in the discussion. He also doesn't want to be called into court to testify because he will be in Florida. The renter claimed that she had a list of things that had not been taken care of by the landlord and that was why she wasn't paying her rent. The charges were bogus -- not plumbed right, not vented correctly, a NEIGHBOR'S door was frozen and the neighbor couldn't open it! Etc, etc, etc. She also claimed that the landlord had entered her apartment and even come in her bathroom and bedroom. My friend the landlord went to talk to the renter several weeks ago about the back rent. After she knocked on the door, the renter's son (about 16 years) came to the door, opened it a crack, and said, "Who is it." When the landlord said, "It's Joan," he shut the door and turned off the light without opening the door. The court has given this renter, because of the mediation, ANOTHER 30 days before court. My question is, "Can't landlords go into the apartments, with proper notice, to check on things?" The landlord has all her work done by plumbers and carpenters. She's not a DIY person like I am. Can't she tell this woman that she (and a plumber, carpenter, correct person) are coming into the apartment to check on what the renter claimed? Isn't it illegal for the renter to NOT let her in if she has had proper notice. My friend would NOT go in on her own, she would always take someone (a witness) with her. Can a landlord start doing remodeling work while a renter is in the apartment? Thanks for taking the time to read this. I watch this site faithfully and have learned TONS about getting correct renters. This lady had called me about renting, but I wouldn't take her. --184.158.xx.xxx
Eviction (by OPM [OR]) Posted on: Dec 1, 2013 1:14 PM
Hi Marlene.. and thanks for the post...
As a side note... I get these questions in my practice alot
"my friend" so let me speak directly to you... bearing in mind that just as the old axium .. never rent to friend or family.. could just as easily hold for 'helping' friends...
It can backfire and paint you with the result...
Hopefully that would not happen... I'm simply suggesting a strong seperation between friendship and business..
1. All these matters are most likely address in WI statute, regarding notice to enter, etc.
such as 24 ahead, 'post and mail' rules etc.
2. does your friend have
a. a policy whereby all the request to repair must be in writing or acknowledged with a return call.
( this eleminates the 'I called you' defense)
b. Was there a actual notice posted or agreed to enter on a time and date?
c. Again WI may have a statute that allows the tenant to deny access but usually there is a formal process..for that. Very odd if she asked you to repair something
d. of course you can't force yourself in..
e. Check to see if WI allows inspections that will answer the 'can't landlords go in to check things' question
f. Remodel while someone is there.. NOPE.. another can of worms you don't want
Good luck --64.12.xxx.xx
Eviction (by Beth [WI]) Posted on: Dec 1, 2013 1:56 PM
As I understand it in WI the LL can post notice (which I now believe is 24 hours notice statewide). Post notice, and go on it. I was once refused entry by a tenant. Called the cops, and they got me in (although the tenant was oozing hostility). Cops may or may not help you. Probably depends on the cop, etc.
With the above tenant I always tried to post my notice for the most inconvenient time for them. Hoping that they would not be there. However, they were always there. Yes, you can even start doing work/remodeling with the tenant in there. However... it is not always worth it if the tenant is putting up a fuss. --66.190.xx.xxx
Eviction (by Robert,Ontario,Can [ON]) Posted on: Dec 1, 2013 2:14 PM
More often then not these people get free advise from the government funded tenancy advocate groups on how to play the no rent game. As long as the rental unit meets minimum code where all the plumbing works, no loose tiles or loose plaster then the rental unit is at minimum code. Here if mediation does not work then it should go for a general hearing. If there are no building code or fire code violations on file then the tenant should pay the arrears. One should contact a landlords association where one needs to get advise on how to procede with the eviction. One can google to find a association near the rental. Anyone can find minor faults with a rental unit while the rental meets all the current building and fire codes. Did the tenant bring in any work orders from the building or fire inspector. Probably not. --74.220.xxx.xx
Eviction (by S i d [MO]) Posted on: Dec 1, 2013 5:18 PM
You say this friend land lord of yours usually hires professionals (plumbers, carpenters, etc.) and is NOT a DIYer...that's a good thing when needed. Being pennywise and pound foolish gets a lot of land lords in hot legal water when trying to save a few $$$ that would be better spent getting competent help.
Therefore, I suggest she continue this business practice and hire an attorney to deal with this scenario. Too many variables--including ordinances, state statutes, as well as the local judge's tendencies--for a bunch of nation-wide land lords to give any competent answers on this specific scenarios. --108.250.xxx.xxx
Eviction (by V [OH]) Posted on: Dec 2, 2013 5:55 AM
I am adding together what OPM and Sid have said, she simply needs to understand the business better or it will always have a flat tire somewhere, for tending to interior repairs - fix the place, crummy places get crummy renters and once the crummy ones have a notion of knowledge ahead they hold that tight all the way to court. If you have knowledge of how that court works yourself you prolly could have answered some but the best education is being in the courtroom to witness the scenarios that occur and silently ask yourself - what happens if I find myself in that persons shoes? --75.94.xxx.xxx