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  1. #1
    Join Date
    Jun 2010
    Posts
    15

    Default Five Day Notice to Pay or Vacate for Nonpayment

    My question involves an eviction in the state of: Wisconsin

    Effective today I am on a five day notice to pay rent or quit. This landlord has never given me a written rental agreement everything we agreed on was verbal, I asked many times but never got one and life went on.

    His maintenance is not satisfactory and for two years I have asked him for many basics to be taken care of, the main one being my front door which is in fact an interior door which can be forced open (even when locked) by a 50lb child if tried.

    So I withheld rent and told them the reasons why. They agreed to give me maintenance as soon as a payment towards my debt was made and when that happened they changed their tune saying they will only do it after I pay the debt in full.

    I am in no way mistaken that by withholding rent I would be as much on the wrong side as they are, but I did so and voiced my concerns, next thing I know I got this notice.

    I have a scheduled visit from the Housing/Zoning inspector of our district to assess the safety issue. My daughter is on the spectrum and on disability through SS.

    What is the best way to deal with this now, how should I proceed? I am already looking for a new place and am not sure how to avoid the bad reputation that might come with this situation.

    Thanks in advance

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Five Day Notice to Pay or Vacate for Nonpayment

    You can read your options here.
    Quote Quoting Risks of Withholding Rent
    Not paying your rent to pressure a landlord into making repairs is extremely risky. You could be evicted for nonpayment of rent unless you can prove to the court that withholding your rent was justified. Because tenant-landlord laws do not authorize tenants to do this, it is never certain that the court will decide in the tenant's favor; instead, the tenant may be evicted.
    If it were me, I would pay my rent and work through the safer approaches to try to get the repairs completed. If you are choosing to take your chances in court, I suggest seeing if you can get help through legal aid.

  3. #3
    Join Date
    Jun 2010
    Posts
    15

    Default Re: Five Day Notice to Pay or Vacate for Nonpayment

    Thank you, Mr. Knowitall.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Five Day Notice to Pay or Vacate for Nonpayment

    Quote Quoting SYGY
    View Post

    This landlord has never given me a written rental agreement everything we agreed on was verbal, I asked many times but never got one and life went on.
    That's your fault, not his. You could have, and should have, insisted on a written lease before you took the place or just walked away. Once you accepted the place without one he had no further obligation to give you one.

    Quote Quoting SYGY
    View Post
    His maintenance is not satisfactory and for two years I have asked him for many basics to be taken care of,
    I'm guessing you never bothered to read the WI landlord tenant statute, part of which gives you legal remedies for lack of proper repair, provided you used the proper procedures outlined in the statute.

    http://law.justia.com/codes/wisconsin/2013/chapter-704/

    Quote Quoting SYGY
    View Post
    So I withheld rent and told them the reasons why.
    You probably didn't do that according to the statute either and all you're succeeding in doing is getting yourself evicted.

    I agree with Mr K that you should pay your rent.

    Then follow the statute going forward.

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