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I've received an eviction notice from my landlord and the…

I've received an eviction...

I've received an eviction notice from my landlord and the court date is tomorrow. A friend said they would connect me to an attorney, but that never happened. I am 2 months behind on rent, but had an agreement with my landlord as I have been ill and did not have a job. I have one now and can start paying next friday. My landlord has breached our lease by allowing a plumber to come into my unit without notice and without anyone there to watch over. She admits that this was wrong via text. Can I use that to hold off the eviction and make things right with my rent?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

My landlord also never gave me any kind of letter of intent to evict me, just went straight to an eviction notice out of the blue

Lawyer's Assistant: Has any paperwork been filed?

Just the court appearance in small claims court for money owed and eviction

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

State of Wisconsin, Milwaukee County

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Answered in 11 minutes by:
7/3/2018
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,101
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply as I am an actual practicing attorney, not an employee of JustAnswer.

.

My landlord has breached our lease by allowing a plumber to come into my unit without notice and without anyone there to watch over. She admits that this was wrong via text. Can I use that to hold off the eviction and make things right with my rent?

.

No, the judge won't take that into consideration as this is strictly about nonpayment of rent.. The whole thing will boil down to was rent paid, and if not, did you have a legal defense that would allow you to not pay rent.. And the landlord letting a plumber in to fix something in your dwelling wouldn't give you groundst to not pay your rent..

.

My landlord also never gave me any kind of letter of intent to evict me, just went straight to an eviction notice out of the blue

.

With that said, the landlord has to give you a written 14 day notice to pay or vacate before they can file to evict. So if they never gave you a 14 day, you can use that to get the judge to throw the case out and force the landlord to start over with a 14 day..

.

.

thanks

Barrister

.

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Customer reply replied 1 month ago
Is this the only thing I need to reference at the court appearance tomorrow?

Yes, if there was no 14 day notice, then unless the landlord lies and shows a bogus copy of one and lies in court and says that she gave it to you, then the judge should throw the case out..

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Customer reply replied 1 month ago
Thank you very much.

You are very welcome. Glad I could help.

.

Fingers crossed for you tomorrow..

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

All the best to you and yours.

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,101
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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