Eviction Court Date March 5, 2015 (NEED ADVICE ASAP) (fee, legally, grace period)
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I see nothing in WI law to stop a landlord from sitting on a received rent check and thereby unilaterally deciding when it was paid.
and that is a failure of many state's landlord tenant laws. The WI Commercial Code does require a company to promptly record and post payments received, but how will a tenant know if it was obeyed? They can't.
One of the most simplest law revisions that can be made (landlords may not like it) is to require a landlord to have a alternative method of rent delivery that includes onsite or in person options. Some state do allow rent payment to be mailed out of state but they had the foresight to also require an alternative instate and/or in person payment as well.
One of the most simplest law revisions that can be made (landlords may not like it) is to require a landlord to have a alternative method of rent delivery that includes onsite or in person options. Some state do allow rent payment to be mailed out of state but they had the foresight to also require an alternative instate and/or in person payment as well.
In the not too distant future it'll become the norm for all payments (rent, bills, mortgages, etc.) to be paid electronically so there'll be no more of the old "the cheque's in the mail" routine to argue about. I write just one paper cheque a month now - for my rent which the landlord picks up personally - but all else is paid electronically or by credit/debit card.
In the not too distant future it'll become the norm for all payments (rent, bills, mortgages, etc.) to be paid electronically so there'll be no more of the old "the cheque's in the mail" routine to argue about. I write just one paper cheque a month now - for my rent which the landlord picks up personally - but all else is paid electronically or by credit/debit card.
Gotcha beat!
All my payments including rent are done electronically.
I receive no bills in the mail.
My bank account to the landlords account and we happen to have accounts at the same bank.
Even my initial lease was entirely done via the internet with electronic signatures.
I can't pay the man something I don't have until I get it.
.
Then you'll likely be get evicted soon - even if you get past this one glich this month. Because your rent is due on the 1st and in WI it's considered late if not received by landlord on the 1st. Next time it's late (even 1 day late) they can evict you without giving your the opportunity to pay the late rent. That's WI law.
there are some options that you might consider to pay your rent on-time maybe get a payday loan in order to pay rent on time - or save a stash of money so you are one month ahead between rent due and your disability check (pay March rent with February's disability check since March rent is due March 1 and you won't have March disability check in time to pay March rent). Or try to get the landlord to agree to change the due date to the 5th. But because it's not in the lease, the landlord doesn't have to agree.
If you didn't want to pay rent on the 1st of the month, you should have negotiated with the landlord to change the due date to the 5th of the month and not signed the lease unless the due date is agreeabl to you.
For now you signed a lease agreeing to pay rent by the 1st. And you aren't doing this so your rent is considered late. And you can get evicted for this. The judge likely will let you slide this month in court because the landlord didn't properly give you notice (you didn't get that document that he said was slipped under the door). But going forward, you should figure out a way to get the rent into the landlord's mailbox by the 1st of the month, every single month, else expect an eviction. And if you go to court for that next eviction telling them you didn't get the check in time to pay rent on time - there is a 95% chance the judge will allow the eviction to go forward.
Okay here's my dilemma.. I will try to explain without it being so long..
I signed my lease here Oct 3rd 2014. I had already lived in this same building back in June 2010 to January 2011 but had to move because someone caught the building on fire and it was deemed uninhabitable. We had a hard time even getting our security deposit back from this man but got it eventually.. Skipping along some yrs... So once my lease was up in my last place September 30th, 2014, I figured why not move back here (rent was to high in the condo I was at so I didn't renew). Had good rental history here so I had better chance of getting back in here quick (which I did), and they remodeled the building (somewhat) and the only reason I had to move is the fire I actually liked the building, & still do. Okay skipping along.. We pay our rent here thru the mail (I do money orders and KEEP the receipts in a safe). DESPITE, having a building manager on site who can collect everyone's rent is beyond me.. I admit i was a few days late in November and got a 5 day notice but the money order was already in the mail on the way to Milwaukee when I got the notice so it was disregarded. January he claimed the rent was late yet AGAIN but that was not my fault it was the way the month fell and the postal system. So NOW I'm owing two $50 late fees now (that he sent a letter basically threatening to evict me for twice) which I planned on paying this month. I even sent a letter with my rent this month explaining that I would have that in the mail by the middle of feb until I received the eviction papers! But of coure he claimed he didn't receive out of ALL months.
This month I made SURE I had my rent in the mail ON TIME. I even handed the envelope to the mail man himself to make sure it got sent off (because it snowed real bad the night before). This was Monday.. Feb 2nd (the 1st of course was Sunday couldn't send it off then)..again I get ssi so usually don't get paid until the 1st. My money order for February's rent was dated 1/31/2015 (got paid 2 days early). So here I am thinking this man got my rent ALL this time (I did not receive a 5 day notice or anything! Like the building manager claimed she "slipped under my door" AND we never get receipts or notice that he even receives our rent EVER).. So, February 18th the police came to my door with TWO eviction packets. I was Floored and Livid. I KNOW I sent this money order off to this man ON TIME (so he couldn't complain it was late). On top of that NO ONE contacted us at ALL. No phone calls, knocks on the door, or anything the WHOLE time. I'm at home all day everyday I am disabled on ssi from a spinal cord injury. So my walking is very limited. The first thing I did was called the check cashers to try to trace the money order & they said I had to come do a endorsement for $6 which I did this past Sunday. When they checked their system the day I called (the 18th), it said that my money order had been cashed and cleared a bank on February 13th. But could not tell me where, I had to come do the endorsement. Then I called up to Milwaukee (where the owner lives) left a message with his wife for him to call me.. he didn't. I called a few hours later left a long voicemail.. Still no call back. Called the next day NO answer I didn't leave a voicemail then.
Well the endorsement came back Wednesday I believe (got a vm from the check cashers just have to go pick it up). I have ALL my receipts and proof that I've been paying my rent since I've been here. I even found some old receipts from when I stayed here in 2010 as well. I admit i DO owe two $50 late fees but was going to honestly pay like the day after I recieved the eviction papers (was gonna send it thursday I got the papers Wednesday) and i still am which is why I'm writing for advice.
I honestly think the building manager screwed us by not doing her job right. In the very back of the eviction packet it's some bogus 5 day notice (dated for "Feb 4th" I might add) that she claimed she wrote up and slipped under my door. We've gotten EVERY other paper or news letter she's slipped under my door and miraculously we didn't get the 5 day notice? Yeah Okay. If that was the case I would've BEEN on top of why my rent hadn't made it up there way before they could even serve me eviction papers.. And it probably would've gotten resolved a long time ago!
My question is.. My court date is on March 5, 2015 10 am. My rent is due again for March. I have the money orders for the late fees AND March's rent sitting right here. Should I send them off (with a tracking #) or wait to see what happens in court? I don't see how I can get evicted when I did everything I was SUPPOSED to do. I was even pressed about getting it in ON TIME this month that's the part that is killing me. Once I go get this endorsement paper later tonight and find out if it was indeed cashed by him or not, Then what? Like my February rent is just out there in thin air?? Do I have to come up with double rent?? Once I put my rent in the mail I should not be responsible because I did exactly what he wants his tenants to do. If he was smart he would have a drop box or have the lady on site collect rent to make it easier on not only us but himself! That way he'll KNOW he got it on time and who's rent he's actually going to receive before it even makes it up there. But thats just me...
I need some advice here. I feel like I'm being harassed just for basically two late fees and he's being petty over that. I don't see who else could have cashed that money order it was made out to the name of the property and had my name/address/apt # on it like I always do. I have everything ready to go in a folder to prove my case. I was thinking about getting a lawyer but my family told me it was not necessary. I'm a young renter in my 20's & never had a eviction before. And don't want that mess on my record either! Because I know I'm a good tenant!
You got the receipts? Let 'em rock. Judge will find in your favor "CASE DISMISSED". Your owner just wasted a ton of money in legal fees for a baseless eviction. Good luck and let us know how it goes please
Then you'll likely be get evicted soon - even if you get past this one glich this month. Because your rent is due on the 1st and in WI it's considered late if not received by landlord on the 1st. Next time it's late (even 1 day late) they can evict you without giving your the opportunity to pay the late rent. That's WI law.
there are some options that you might consider to pay your rent on-time maybe get a payday loan in order to pay rent on time - or save a stash of money so you are one month ahead between rent due and your disability check (pay March rent with February's disability check since March rent is due March 1 and you won't have March disability check in time to pay March rent). Or try to get the landlord to agree to change the due date to the 5th. But because it's not in the lease, the landlord doesn't have to agree.
If you didn't want to pay rent on the 1st of the month, you should have negotiated with the landlord to change the due date to the 5th of the month and not signed the lease unless the due date is agreeabl to you.
For now you signed a lease agreeing to pay rent by the 1st. And you aren't doing this so your rent is considered late. And you can get evicted for this. The judge likely will let you slide this month in court because the landlord didn't properly give you notice (you didn't get that document that he said was slipped under the door). But going forward, you should figure out a way to get the rent into the landlord's mailbox by the 1st of the month, every single month, else expect an eviction. And if you go to court for that next eviction telling them you didn't get the check in time to pay rent on time - there is a 95% chance the judge will allow the eviction to go forward.
The kicker is, the landlord still accepting rent. That pretty much sinks his ship. Whatever kangaroo court finds in the landlord's favor deserves to be put in the media spotlight for us to laugh at.
and that is a failure of many state's landlord tenant laws. The WI Commercial Code does require a company to promptly record and post payments received, but how will a tenant know if it was obeyed? They can't.
One of the most simplest law revisions that can be made (landlords may not like it) is to require a landlord to have a alternative method of rent delivery that includes onsite or in person options. Some state do allow rent payment to be mailed out of state but they had the foresight to also require an alternative instate and/or in person payment as well.
This sounds like a corporate Cluster %^$! I had a company like this, where management in the office was changing hands at Southern Manor in Dayton OH(company now defunct btw). The new people in the office desk drawered a bunch of checks and didn't send to the bank. About 50 eviction notices went out for non payment. Needless to say, when the home office in IL was contacted, there was a staffing change made
UPDATE: Just got the Endorsement paper back 10 mins ago, and it is indeed cashed by him. It's a photo copy of the front AND back of the money order. The back signature line has the Property (Dohnal Properties) stamp w/address. I wish it would have included the date he cashed but I don't see it on here. I would upload a pic but I don't know how safe that is to do on the internet when dealing with money orders..This is basically ALL I needed, everything is set and ready to go in my folder for court. I even jotted down notes in my Evernote App so I'm EXTRA prepared. I cannot WAIT until March 5th gets here at this point. I cant believe I have to even go through this smh. Did he not think I was going to fight this OR trace my money order??? He thought wrong
Last edited by AirrGordon; 03-03-2015 at 03:21 PM..
You got the receipts? Let 'em rock. Judge will find in your favor "CASE DISMISSED". Your owner just wasted a ton of money in legal fees for a baseless eviction. Good luck and let us know how it goes please
LoL Thank You! Couldn't have said it better. I can't wait to update here after court! IF he shows up (which I doubt he'll probably send his attorney) I would snap a pic of the dumb look on his face one he see's all the evidence I'm coming with.
Last edited by AirrGordon; 03-03-2015 at 03:30 PM..
However, if you are late with rent in any future month, he can evict you much easier. Even if rent is 1 day late. In your state he only needs to notify you that you have 15 days to move out or be evicted if the rent is not received by the 1st. At that time he doesn't need to give you 5 days to pay up.
So make sure all future rent payments are received by the landlord no later than the 1st of the month, even if the 1st falls on a Sunday and even if a holiday weekend. If the landlord is there or if his lawyer is there in court, see if you can work something out with him so he agrees to getting future rent payments on maybe the 4th or 5th of each month instead of the 1st. Why not try it to avoid a future eviction. Because it seems you are unable to pay rent on time each month(where it's in landlord's hands by the 1st).
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