• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Landlord won't evict violent roommate!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

F

fairyfeathers

Guest
What is the name of your state? - Wisconsin

Hello all - I live in Wisconsin in a housing cooperative with about 30 people. We have regular lease agreements. At the beginning of January, another co-op member assaulted his girlfriend (who is also a member). In front of witnesses, he punched her, took her head and bashed it into a car, kicked her and poured alcohol over her head. When the police arrived, the girlfriend refused to file charges. The offender ended up being arrested, but because he had a warrant for unpaid child support rather than the violence that night - the police said this would be simpler, because the warrant was already there. We found out later that he should have been charged with domestic violence according to state mandatory arrest laws, but the police apparently screwed that up.

Our house requested that the violent member be evicted, but the agency which manages our leases said it could only issue a five-day notice, and since the person did not beat his girlfriend again within five days, we have to keep living with him! Is this really true - that a person can be a threat to those he lives with, and we have to live with him? We have six children in this house, including two infants.

On top of all this, the violent member and his girlfriend owe our house about $2000 collectively - when we requested that the co-op agency evict them for rent, they gave them a payment plan, saying they HAD TO legally! Is this true?

Are there perhaps child protective laws or tenant protective laws (habitability?) that might supercede the "5 day notice" law? Our children are terrified of this man, and we really need him out - or alternately, if it's feasible, some of us would like to file a lawsuit against the co-op agency for forcing us to live with a potentially dangerous tenant.
 


HomeGuru

Senior Member
fairyfeathers said:
What is the name of your state? - Wisconsin

Hello all - I live in Wisconsin in a housing cooperative with about 30 people. We have regular lease agreements. At the beginning of January, another co-op member assaulted his girlfriend (who is also a member). In front of witnesses, he punched her, took her head and bashed it into a car, kicked her and poured alcohol over her head. When the police arrived, the girlfriend refused to file charges. The offender ended up being arrested, but because he had a warrant for unpaid child support rather than the violence that night - the police said this would be simpler, because the warrant was already there. We found out later that he should have been charged with domestic violence according to state mandatory arrest laws, but the police apparently screwed that up.

Our house requested that the violent member be evicted, but the agency which manages our leases said it could only issue a five-day notice, and since the person did not beat his girlfriend again within five days, we have to keep living with him! Is this really true - that a person can be a threat to those he lives with, and we have to live with him? We have six children in this house, including two infants.

On top of all this, the violent member and his girlfriend owe our house about $2000 collectively - when we requested that the co-op agency evict them for rent, they gave them a payment plan, saying they HAD TO legally! Is this true?

Are there perhaps child protective laws or tenant protective laws (habitability?) that might supercede the "5 day notice" law? Our children are terrified of this man, and we really need him out - or alternately, if it's feasible, some of us would like to file a lawsuit against the co-op agency for forcing us to live with a potentially dangerous tenant.
**A: you can sue L but when you do plan on finding another place to live in the future.
 
F

fairyfeathers

Guest
I am moving out in May, so I'm trying to stay until then.

So it's really true that the worst a landlord can do is give a five day notice to someone who's violent? We tried to get a restraining order, but they will only give one to the victim of the violence, and the woman won't do it because she's now decided to stay with this man... It's sick, but we all just keep hoping maybe he'll slip up and hit her in front of someone again.
 

HomeGuru

Senior Member
fairyfeathers said:
I am moving out in May, so I'm trying to stay until then.

So it's really true that the worst a landlord can do is give a five day notice to someone who's violent? We tried to get a restraining order, but they will only give one to the victim of the violence, and the woman won't do it because she's now decided to stay with this man... It's sick, but we all just keep hoping maybe he'll slip up and hit her in front of someone again.
**A: read the Wisconsin L/T law. Good luck to you and your family.
 
J

jlw100

Guest
Unfortunately the Landlord-tenant codes were written so that bad tenants get away with whatever they want. The LL can not force this tenant out based on your story. For one thing, there is no "proof" that this man is violent. This man was not convicted for domestic violence. Heck, the police did not even arrest him for this. If the LL were to try to force this man out, he would be suing the LL for an unlawful eviction & would win.

You are just going to have to make the best of a horrible situation. Stay away from this man as much as possible, and move at out a.s.a.p.

In the future if the man attacks his girlfriend, make sure the police do their job properly. This may help to force the man out. By the time that happens though, you should be in your new place!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top