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Old 03-04-2015, 04:23 PM
 
9,639 posts, read 5,980,202 times
Reputation: 8567

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Quote:
Originally Posted by sware2cod View Post
The above quote is about late fees and when they can kick in. What state is that quote from above?

In OP's state(WI), there is no grace period per state law on when rent is considered 'late'. WI law says that landlord must have rent by the due date else it is considered late. Not even one day grace period.
This means the landlord can give notice on the 2nd to the OP - notice to move out because rent was not received by the 1st.

If the above 5 day 'late fee' is WI law(is it?), then the landlord can't charge late fee until 5 weekdays after the due date. But it's still officially considered 'late' on the 2nd and a move out notice could be issued on the 2nd. Who really gives a hoot about whether a late fee will apply when you have been given 'walking papers'.
That's for WI.

Link to that info? In my state it's late after 7 days, which is when I can charge a fee. I also can't issue walking papers till after 7 days of no payment.

 
Old 03-05-2015, 10:39 AM
 
Location: Racine, WI
31 posts, read 27,472 times
Reputation: 18
So.. I just got back home from court. Once they called my name I didnt even get a chance to sit down before the commissioner said: Case Dismissed with a smile! Thank You guys for all your help. He knew he had no case against me, I had paid in full plus extra . Glad that is over with. Just wish they would've notified me before I pryed myself out of bed!...(kidding)
 
Old 03-05-2015, 11:10 AM
 
13,077 posts, read 20,758,395 times
Reputation: 21265
Quote:
Originally Posted by AirrGordon View Post
So.. I just got back home from court. Once they called my name I didnt even get a chance to sit down before the commissioner said: Case Dismissed with a smile! Thank You guys for all your help. He knew he had no case against me, I had paid in full plus extra . Glad that is over with. Just wish they would've notified me before I pryed myself out of bed!...(kidding)
The case had to be dismissed!

Look back at my first response to you and read item number 2. That alone created a defective case. Since the required documents had to be filed with the court in order for the case to proceed to a hearing, if it was as you wrote and they only "slipped" something under your door, there was no way it was going to a hearing if the plaintiff did not submit the required legal proof of proper initial notice prior to the case being called. Since you never stated getting a copy of what they "slipped" under the door by mail or any pother valid method of service, it's an automatic dismissal.

I was going to mention this and even tell you to file a motion of improper notice prior to the hearing so you can get it dismissed ahead of time, but, since you got so hung up on the way and when you paid the rent, I figured what the heck, waste your time going to court over nothing.
 
Old 03-05-2015, 11:27 AM
 
Location: Cape Cod
24,303 posts, read 16,977,085 times
Reputation: 35545
I'm glad it worked out for you. Lesson learned I think, pay on time next time all the time.
 
Old 03-05-2015, 12:13 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,479,664 times
Reputation: 26727
Quote:
Originally Posted by Cape Cod Todd View Post
I'm glad it worked out for you. Lesson learned I think, pay on time next time all the time.
Seriously. Now your LL knows what he messed up on he'll be way more careful next time so you'd better make absolutely sure that you pay rent on time in future.
 
Old 03-05-2015, 05:33 PM
 
13,077 posts, read 20,758,395 times
Reputation: 21265
Quote:
Originally Posted by Cape Cod Todd View Post
I'm glad it worked out for you. Lesson learned I think, pay on time next time all the time.
Quote:
Originally Posted by STT Resident View Post
Seriously. Now your LL knows what he messed up on he'll be way more careful next time so you'd better make absolutely sure that you pay rent on time in future.
and that is the problem, the OP is under some mistaken belief as to what is "On Time". But, I see the Op getting evicted rel soon because the OP's win may have deluded them to thinking they were paying on time.
 
Old 03-05-2015, 06:28 PM
 
1,029 posts, read 1,291,903 times
Reputation: 341
Quote:
Originally Posted by AirrGordon View Post
So.. I just got back home from court. Once they called my name I didnt even get a chance to sit down before the commissioner said: Case Dismissed with a smile! Thank You guys for all your help. He knew he had no case against me, I had paid in full plus extra . Glad that is over with. Just wish they would've notified me before I pryed myself out of bed!...(kidding)
Always glad to see a slumlord get taken down with the ship! HAHAHAHAHAHA
 
Old 03-05-2015, 06:47 PM
 
Location: Long Island, NY
1,898 posts, read 2,812,127 times
Reputation: 2559
Quote:
Originally Posted by weatherphotographer View Post
Always glad to see a slumlord get taken down with the ship! HAHAHAHAHAHA

A landlord that wants the rent on time does not make him/her a "slumlord". I suspect the landlord will appeal the court decision and the tenant will end up evicted.
 
Old 03-05-2015, 07:10 PM
 
Location: West Virginia
13,912 posts, read 39,122,037 times
Reputation: 10237
Take my suggestion get your rent a payment ahead keep it there! Glad you won this time but be sure he win next time... so don't let it come to that!
 
Old 03-06-2015, 04:11 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,479,664 times
Reputation: 26727
Quote:
Originally Posted by Katie1 View Post
Take my suggestion get your rent a payment ahead keep it there! Glad you won this time but be sure he win next time... so don't let it come to that!
There was no "win". The case was dismissed. The landlord can immediately refile if it was dismissed without prejudice based on a technicality.
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