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Eviction court

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Eviction court

Postby zeropoint » Sat Nov 16, 2013 3:50 pm

Hello all--

First,a moment to clear the air. In October, I posted with a question and people were full of helpful advice,which I was remiss in not thanking them properly. Unfortunately, I've sought out advice here before on a number of topics, which has made at least one member (MadHowler, who I'm only naming because I don't know how/if I could make contact directly) suspicious that I'm engaging in some form of political art or social experiment here. I can see why some might think that at a certain point, but I also hope there are those who default to compassion and realize that some people just happen to have a lot of bad things happen to them in a short amount of time. I like coming to forums because there are knowledgeable people there,usually, and I'm sure I'm not the only one here who's had a run of bad luck.

With all that said, here is my latest bad luck story. I'm not asking for anything but any knowledge or sincere advice people have to share.

Here's the gist of this. I moved into a new apartment (this may/may not be relevant, but I discovered early on that my new roommate had joint custody of a small child who'd be spending nights with us frequently, something that would have kept me from signing the lease, had I known). But I decided to try to make a go of it. A minor household dispute occurred, and in no time the situation went from uncomfortable to domestic abuse. (We were not romantically involved, but in WI, domestic abuse laws cover anybody who cohabits, not just couples.) I sought police intervention twice and, the second time, got a verbal protective order that ordered him not to communicate with me in any fashion.

All that is done with now because I moved out, but now I'm dealing with possible eviction because I didn't pay rent there. There was no way I could afford rent in two places, and I also wasn't about to pay his rent so he could live alone in a place he forced me out of.

I have police write-ups of the incidents, notes he left, and photographs of things he did around the house (like rig the thermostat so I couldn't turn on the heat). I think I can rationally present my case and make it seem that any reasonable person would have broken their lease and moved out under the same circumstances. However, I'm still afraid that I'll end up with an eviction on my record, and I don't know enough about the courts/laws up here to know if I have a reasonable chance of avoiding it.

I don't know if anyone here has been through something similar or otherwise has insights as far as what to expect, but please share any insights if you do. If MadHowler's remarks make you distrustful, I am happy to share my documentation with you if that will let the community know I'm a well-meaning though socially awkward person who's pretty much been through hell and is trying to make the best of it. Thank you.
zeropoint
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Re: Eviction court

Postby zeropoint » Sat Nov 16, 2013 4:35 pm

Sorry, just wanted to clarify that we had corresponded for several weeks before moving in and the child was not mentioned, leaving me to think he was deliberately withholding that info from me. Children under 8 don't have to be named on a lease, so even when I signed the lease, I didn't find out.

(Also, I meant to type "performance art" and not "political art" above.)
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Re: Eviction court

Postby snoqueen » Sat Nov 16, 2013 4:38 pm

wilawlibrary.gov/topics/countylinks/landlord tenant.pdf

Contains info about laws and places to seek help.


tenant resource center.org

You can go there, explain your problem, and see what they have to offer for guidance.


http://law.wisc.libguides.com/content_m ... sid=324444

UW law library list of legal assistance agencies and clinics, organized by topic.

That should get you started.
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Re: Eviction court

Postby zeropoint » Sat Nov 16, 2013 4:48 pm

Thank you!
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Re: Eviction court

Postby Igor » Mon Nov 18, 2013 12:00 am

I feel that I spend much less time here than most denizens. But the thought of Mad Howler accusing someone else's forum existence as being driven by performance art made me laugh quietly to myself.

Along those lines, I did see this the other day - this is likely very old for the internet, but it was new to me...

Image
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Re: Eviction court

Postby hi, i'm new here » Mon Nov 18, 2013 7:13 pm

You can't get evicted from a place you've moved out of. They can sue you for money they think you owe, but you won't have a judgment of eviction on your record.
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Re: Eviction court

Postby snoqueen » Mon Nov 18, 2013 7:49 pm

Agreed, but if s/he is on the lease and is not going to be able to live up to the terms of the lease due to issues with the other tenant that got so serious the police had to be called, I think s/he needs some help. S/he might be able to get out of this one whole if proper legal advice is available.
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Re: Eviction court

Postby green union terrace chair » Mon Nov 18, 2013 10:58 pm

Go utilize the Tenant Resource Center while you still can.
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Re: Eviction court

Postby Mad Howler » Tue Nov 19, 2013 9:17 pm

Zeropoint,
You are correct in stating that compassion should be the first response.
I wish you much less pain and frustration in your life.
I am greatful that members here have specific and actionable advice (esp. Sno).
Good luck, and I bid you peace.
MH
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Re: Eviction court

Postby Mad Howler » Tue Nov 19, 2013 9:21 pm

Igor wrote:I feel that I spend much less time here than most denizens. But the thought of Mad Howler accusing someone else's forum existence as being driven by performance art made me laugh quietly to myself.
Image


You are very sweet.
Nice of you to show up and 'throw your shoulder in'.
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Re: Eviction court

Postby gargantua » Tue Nov 19, 2013 10:24 pm

This may not help you directly, but if you moved out and are not paying your share of the rent, that does not relieve the other tenant from the responsibility of paying the entire rent. He might do that, rather than face eviction. He has the option of finding another roommate to help pay the rent, and I would not be surprised if the landlord hasn't already suggested that to him.

Beyond that, I agree with Sno and others, try Tenant Resource Center first.
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Re: Eviction court

Postby Ninja » Wed Nov 20, 2013 4:26 pm

You need a lawyer, not a message board.
http://www.wisbar.org/forPublic/INeedaL ... /LRIS.aspx

And you'll want to discuss section 704.16 of the state statutes with her.
https://docs.legis.wisconsin.gov/statut ... tes/704/16
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Re: Eviction court

Postby zeropoint » Fri Nov 22, 2013 7:36 pm

Thank you all. I got some helpful information about a Safe Housing Law, but am still trying to get the necessary documentation.

(And thank you, MH!)
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