In wisconsin, (on a month-to-month rental) if a landlord excepts the following months rent but gives the tenant, after taking the money, an eviction notice for that month he just took the rent for, Does the tenant still have to move out the same month? (Example: Paid the rent for sept,2006,after landlord took the money Sept,1,served the tenant an eviction notice dated Aug.31,2006 stating that they must be moved out Oct.1, 2006) Do they have to move and if not what action can they take?
2006-09-10 23:37:38 · 7 answers · asked by witch_wicked_1 1 in Politics & Government ➔ Law & Ethics
I have enclosed several Links....take a look and see if you find anything...
I would also check with an Attorney in your Area that specializes in Laws of this Nature....
Good Luck....
2006-09-10 23:49:25 · answer #1 · answered by BITE ME 4 · 1⤊ 0⤋
Well, without knowing the particulars in your case, or the law in Wisconsin - I'd have to say yes.
Here's what I'm hearing you say. You have a month-to-month lease. You just paid your rent for September. Your landlord gave you an eviction notice dated Aug. 31 - stating that you have to be out by Oct 1.
It sounds to me like you've only paid for September - you haven't paid yet for October - so it's not like he's taking your money for October, but kicking you out.
I would imagine that your landlord has to give you 30 or 31 days notice, hence the eviction notice dated Aug. 31.
Is it legal - I would think so. Is it nice or polite - no - but then legal isn't always nice or polite.
If he is supposed to give you 31 days notice, you can probably quibble over the fact that he gave you the eviction notice on or after September 1 - but really, I don't think that will matter.
Do you have to move? You don't HAVE to move - however, I'm thinking that the law would allow the landlord to change the locks on your apartment, and sell, or dispose of anything that is left in there - especially after he's given you an eviction notice and a number of days to find other housing.
Now, Wisconsin law might be different - you might try looking for a free legal clinic in the yellow pages - and see if they can offer you any help. But at this point - I'd start looking for another place, and start getting your stuff packed up. As landlord, he can make your life pretty miserable (like changing the locks, shutting off your power and/or water - it depends upon what the law is in Wisconsin).
Good luck to you.
2006-09-10 23:47:11 · answer #2 · answered by Flint 3 · 1⤊ 0⤋
If Wisc. law permits termination of a month to month lease on 30 days notice, yes they have to move. If they don't they are subject to forcible eviction, and liability for rent, court costs, legal fees and a possible adverse credit report.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2006-09-11 02:24:00 · answer #3 · answered by Anonymous · 0⤊ 0⤋
In California, both are neither void or illegal. they have 30 days to move out. But if you claim Bankrupt, you can get up to 90 days! It's all legal. But you have to claim bankrupt, before your 30 days are up!!
2006-09-10 23:51:06 · answer #4 · answered by alfonso 5 · 1⤊ 0⤋
September was paid so you can stay put but on a month to month lease it seems they are within legal bounds.
2006-09-10 23:46:57 · answer #5 · answered by Heidi 4 6 · 1⤊ 0⤋
go to court hunny.. you have a little over 4 months to live there.. just fight it in court
2006-09-10 23:39:09 · answer #6 · answered by waiting4myredemption 4 · 1⤊ 0⤋
you shouldn't of gave any money, i would talk to an attorny or go to the police
2006-09-10 23:39:45 · answer #7 · answered by Anonymous · 1⤊ 0⤋