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Loren, Attorney
Category: Legal
Satisfied Customers: 33142
Experience:  30 years experience representing clients.
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If a landlord wants to evict u because they don't think your

Customer Question

if a landlord wants to evict u because they don't think your apartment is clean enough r they suppose to give u so much time to clean it before evictin u
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: wisconsin
JA: Has anything been filed or reported?
Customer: no I just got a 14 day eviction notice given to me by the maintenance man
JA: Anything else you want the lawyer to know before I connect you?
Customer: at first they said I bought bedf bugs in but talking to other tenants in the building they had them before I moved in and they say thjat I have cost the landlord ovefr $10,000.00
Submitted: 8 months ago.
Category: Legal
Expert:  Loren replied 8 months ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Do you have a written lease? Is there a provision for a cure period if there is a non-monetary breach?

Customer: replied 8 months ago.
no I am on a month to month. my signed lease ended aug 31st
Expert:  Loren replied 8 months ago.

Did you ever receive a 5 day cure notice in the past year?

Expert:  Loren replied 8 months ago.

Are you still online with me?

Customer: replied 8 months ago.
what is a cre notice
what is a cure notice
Expert:  Loren replied 8 months ago.

A notice that you are in breach of the tenancy and you have 5 days to cure the breach?

Customer: replied 8 months ago.
no I haven't
Expert:  Loren replied 8 months ago.

Thank you for the additional information. The landlord is using a 14 day notice because they are alleging that no cure is possible due to the damage you have done to his oe her property.

However, the landlord is still required to go through the court to actually evict you. They can not resort to self-help in getting you out or they will be liable to you for civil damages.

So, after 14 days the landlord will need to file a forcible detainer in court to get an order of possession. You will have about a month from when they file before the sheriff shows up.

Customer: replied 8 months ago.
there is no damage to the property
Expert:  Loren replied 8 months ago.

It is the landlord's burden to prove the breach which they allege as the underlying cause for the forcible. Therefore, when they sue you can present your defense of the allegations in their petition. If you prevail the court will dismiss the eviction.

As a month to month tenant, though, they can still terminate the tenancy on 28 days notice. There is not really anything you can do about that.

Expert:  Loren replied 8 months ago.

Did you have further questions? Have I answered your question?

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