i was wondering if a landlord can evict you with a 6 day notice?

Question

I have a friend who is on state help. she didn't recieve her check on time and couldn't pay her rent ontime. her landlord gave her a notice of eviction that she has to be out in 6 days. she is 22yrs old, has a 2.5yr old daughter and in a high risk pregnancy (has a weight limit of 10lbs.). can the land lord actually evict her within 6 days in her condition and knowing that her check didn't arrive in the mail. she contacted the department that her check comes from and they told her that she has to wait 10 days before reporting the check missing. i just want to help her so any information or website links will help. just to let you know this is for the state of wisconsin (milwaukee county).

Answer 1

Yes. The landlord can serve your friend with as little as a 3 day notice to quit (leave) if she is in violation of her lease. That doesn't mean the landlord will be able to claim possession of the property then, that just means thats when your friend will be holding the property over, and the landlord can then submit an eviction case to the court. Then notices will need to get served, a court date set, etc. So basically, the landlord is doing the right thing, but that doesn't mean your friend will be out on the street in 6 days.

Answer 2

Your landlord gave her a five day notice. She does not have to leave on the 6th day, she can stay. The landlord can't do a self help eviction. He will need to file the court papers, serve her and then go to court.

So with your scenario, you asked this questions 4 days ago, I'm assuming that she must have received the five day notice on the 5th of March. The five days is over on March 10th. He won't be able to march into court to file the paperwork until March 12. He'll need to serve your friend with the papers. So even if he can do a rush process service, the soonest court date he can get is March 20. In Wisconsin, you need to serve the person at least 7 days before the court hearing. She can also avoid service by not answering her door, that'll buy her another 2 days. In the event that she's served, she can go to court and plea her story and hopefully by then her money would have come already.

By the way, your friend should call up SDC and apply for emergency eviction fund to help pay for rent. Back in the days it used to be run by OIC.

Pay the greedy landlord his late fee and all is well.

Tell her not to worry.

El

Answer 3

Back in 1997, I was in a similar situation in the city of Milwaukee. My information is based on that. Maybe things have changed since then. Your friend could always call the city or county for more information.

My roommate wasn't paying their portion of the rent eventually we got an eviction notice. The notice told us to pay or vacate the premasis in 5 days (I left the next day and the landlord threatened to have me thrown in jail. He told me it is against the law to leave an apartment without paying rent...go figure..it didn't come to that though).

Most likely, the landlord is just preparing to protect themselves. Above all, I would recommend your friend make contact with the landlord, let them know what is going on, and let them know that they have full intentions of paying. The goal your friend should have is to keep the case out of court. If the case makes it into the court system, the landlord has the right to sue for quite a bit more than the rent owed (I believe they can sue for 3 times more than the rent owed). It is my guess that the landlord will be cooperative to a point as they would rather get paid a few weeks late than to have to go through the legal process.

Assuming that the landlord wants to be a d*ck and not cooperate with your friend, your friend can not be kicked out on 6 days notice. There is a whole legal process that needs to be gone through before the occupants can be thrown out of the apartment. Your friend probably has a good month or two before anything can happen.

Like I said, have your friend talk to the landlord and try to keep the case out of court or it can cost big bucks. If your friend doesn't have a lot of money, they could always call the local BAR association and they can probably speak with a lawyer for free or low cost. As I also mentioned, they can probably call the city or county as well.

Good Luck!

Answer 4

I believe in all states, a landlord has to go to the courthouse and get a notice of eviction served to the tenant...and the tenant still has 30 days to leave the premises. Also, if they have a lease agreement, just like she would be liable if she was to just up and leave...he is liable also if he breaches the terms of the contract. My suggestion is that she just calls around to a few attorneys. There are usually some you can find in the phonebook that will consult with you shortly over the phone at no charge. However, if one does charge, say $50 an hour, it would probably be worth it. Hope that helps!

Answer 5

Tell her not to get scared. Go online and find out the Landlord/tenant laws. Also, she needs to look at the lease carefully. No matter what, a 6-day notice isn't acceptable and the landlord would still have to take her to court (which would take a few months). If I were her, I'd start keeping a diary and documenting all communitcatin with the landlord.

Answer 6

In most cases no, If she is a month to month leasee then the landlord has to take her to court. inmost states to get an eviction it takes a judges order so the landlord hasto take her to court. tell her to call the local legal aid office for some guidance and I'm sure they will offer some assistance. Hope This Helps :)

Answer 7

i'm from north carolina and our law sucks here.the landlords can be a pain in the a** and i have known some people to move within 3 days,it used to be 45 days.tell her to keep everything on doucument and a jounal and find out if they they have a hotline like we do (1-800-662-7030) to foind out all she can good luck and i hope this helps

Answer 8

Call the county and ask.