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Can I still be evicted if I pay what is owed before y 30days are up?

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JessaRay

Junior Member
What is the name of your state (only U.S. law)? Wisconsin.

I am a couple months behind in rent and received a 30 day eviction notice today. If I pay the full amount owed before the 30days, does that automatically cancel the eviction or am I still at risk? Otherwise I have a lease lasting until 2018. Did I break my lease completely or will I be safe after paying? I have not broke any other agreements within my lease. I am in Wisconsin.
 


Gail in Georgia

Senior Member
Much of this would depend on whether your landlord/management would accept these funds. Be aware that these could include late fees.

Look again at what you have received. Is this a Pay or Quit notice? These give a tenant a certain amount of time to "remedy" the situation (i.e., pay what they owe) to prevent the landlord from filing for the eviction through the court system. Only a court can actually evict someone.

Have you gone through the court business yet regarding this eviction?

I must say that a 30 day "eviction" notice due to failure to pay rent is quite generous. Is this a residential or commercial lease that you have?

Gail
 

Zigner

Senior Member, Non-Attorney
I suspect that your landlord has decided to terminate the month-to-month lease. This is not an eviction.
 

JessaRay

Junior Member
Thank you for your replies.
Zigna, I have a 2yr lease lasting until Jan. 2018, not a month to month.
Gail, this is a residential home and I am almost positive that the landlord will accept the money.
No I have not gone through the court yet, I was served the eviction notice just yesterday.
So if the landlord accepts the money, would my current lease still be active? I ask this because they want to up the rent from $480 a month to $700. But if my lease is still active aren't I guaranteed that it stay $480 a month until my lease is up in 2018?
This is what the eviction notice form:
You are hereby being notified to pay past-due rent in the amount of ______ with the first payment of ______ due within 5 days of this notice, the balance of ______ due on or before 30 days of this notice being served OR vacate the premises at.... ________________

The reasons for eviction are: failure to pay rent.

If you choose not to pay you are required to vacate the premises on or before 8-23-2016 or 30 days from the date of issuance of this notice. Failure to do this will result in civil proceedings against you for unlawful inhabitance.
 

FarmerJ

Senior Member
Your LL could have just started the process to evict for non payment , at this point your LL is not evicting your LL is telling you to clean up your act, get caught up or they will get you out if you don't leave by the date they set, Your LL is being generous, I learned to not be that generous when I had rental property BUT now you said they want to up the rent so know this , if you get all caught up there is no reason you cannot stay on and enjoy your lease but do know this , they aren't as likely to tolerate you getting behind again.
 

JessaRay

Junior Member
I withheld rent for a couple months due to things not getting fixed or repaired as promised by the landlord. ...light fixtures that have previously started a fire before, hasn't been fixed. And the back door stairs were rotten and my foot went through and I sprained my ankle, that was in November. Since then, the stairs have been unusable and not fixed. And a broken window that was supposed to be fixed prior to my moving in, then promised to get fixed every month since. I've been here for a year now and the only time the 'LL has come, was to serve the eviction notice. He now refuses to fix unless I pay first.
I was never trying to be a bad tenant. I have the money, I just don't know what to do.

They are asking for me to pay it off within the 30 days. They aren't just asking for an eviction, they do want the money. The bank is foreclosing on them and they are saying that's why they want to raise the rent to 700 a month so they can afford payments to the bank. Or they said they will move tenants in here that can pay the $700 a month....
 
I withheld rent for a couple months due to things not getting fixed or repaired as promised by the landlord. ...light fixtures that have previously started a fire before, hasn't been fixed. And the back door stairs were rotten and my foot went through and I sprained my ankle, that was in November. Since then, the stairs have been unusable and not fixed. And a broken window that was supposed to be fixed prior to my moving in, then promised to get fixed every month since. I've been here for a year now and the only time the 'LL has come, was to serve the eviction notice. He now refuses to fix unless I pay first.
I was never trying to be a bad tenant. I have the money, I just don't know what to do.

They are asking for me to pay it off within the 30 days. They aren't just asking for an eviction, they do want the money. The bank is foreclosing on them and they are saying that's why they want to raise the rent to 700 a month so they can afford payments to the bank. Or they said they will move tenants in here that can pay the $700 a month....
I'm not a professional LL or lawyer, but if it were me caught in your situation, this is what I would do. 1. Get caught up with rent ASAP. Get proof in writing that you paid it and its caught up. You do NOT want an eviction on your record. You will never find a new place to live with a fresh eviction. 2. Look at your lease and see if it is written anywhere that your LL can increase rent during your tenancy. If so, you will have to pay the increase. If it is not written that they can do that or if there is no clause in your lease regarding rent increases, then refer to your local laws. 3. So, your LL is facing foreclosure? If they don't have enough money to keep up with the mortgage, they don't have enough money to make repairs. You might as well forget that. Refer to your lease re: who is responsible for repairs. 4. If the foreclosure goes through while you are living there, you need to know if you'll be able to continue living there through the terms of your lease.
 

Gail in Georgia

Senior Member
The attached describes the steps a tenant must take in Wisconsin regarding withholding rent for repairs that a landlord does not address:

http://www.tenantresourcecenter.org/repairs_in_wisconsin

Have you followed these to the "T" (depending on where you live in Wisconsin)?

Gail
 

FarmerJ

Senior Member
When did you call your city or county building inspections to voice your complaints about the LL refusing to do repairs ? If you did not then know you are still free to do so BUT keep in mind your LL will not tolerate you not paying again and its a lot easier to call inspections than it is to hold rent and later have to prove to a court that the housing was not fit to live in.
 

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