Got evicted because of brewing

[nightrider069]

Yes I understand that. The payment on this place will be the same as what I am paying now. That is with the escrow in the payment.

 

[1977Brewer]

You're markets just like mine. I was renting a 1400 sq. ft. Duplex for the same money I bought my 2000 sq ft house.

 

[mliptack]

FYI - In Milwaukee at least, a landlord can enter a property without 24 hours notice if there is an immediate need to do so (if a situation is not circumvented immediately, it would cause damage to the property)

For example - If a landlord suspects that a toilet is overflowing, they can knock/ring the doorbell, and then use a key if the door isn't answered by the tenant.

I am by no means backing up the landlord in this situation - Given the information you have shared, you have grounds to fight the eviction.

Brewing beer is not illegal. Post your lease if you have a copy (I hope you kept it). Black out any personal information first.

I am no expert, but I Brew Beer and am a landlord too.

Cheers,
Max

 

[nightrider069]

I will try and dig that paperwork up

 

[IslandLizard]

Yes I understand that. The payment on this place will be the same as what I am paying now. That is with the escrow in the payment.

Amazing how it works out like that. We had the same experience 4 1/2 years back. Interest rates are still very reasonable. You'll spend a bit more on heating but it's worth it!

Go for the lowest interest rate, you can always pay more each month to limit the number of terms, which saves a tremendous amount of mullah in the end. You probably know that already.

 

[k1ngl1ves]

I'm surprised the maintenance man even noticed your brewing "cabinet".

It's so inconspicuous...

 

[Mike_kever_kombi]

Unless they can prove that you were using the propane burner indoors, either by pictures, or your own admission, then you have not broken the lease (at least in that regard, if you were late with payment etc that is cause too), and they cannot force you out. The burden of proof is on the landlord.

That s not to say that you don't want to get out, but that by no means you have to leave in 30 days. They are required by law to post eviction in writing, along with reason for it, if you are still in a lease.

If there only reason is that you OWN a turkey fryer, there is no court in the U.S. that would find that a reason for eviction. They are not illegal to buy/possess/sell. If they caught you using it indoors, that is a different story all together.

I say if you can find a place to buy for same price that you like and are comfortable purchasing, then go that route, but trying to close on a house in <30 days can be tough, don't be intimidated into moving out if you are in the right.

 

[IslandLizard]

+1 to what Mike_kever_kombi said. ^

Some states (PA does, or at least did) have a law that prevents tenants from being evicted when prevailing daily temperatures are below a certain mark. In that case the landlord will have to wait until it gets a bit warmer. Just trying to buy you some time in case you need it.

I'm not a lawyer, just offering friendly and common sense ideas, not advice.

 

[nightrider069]

Yes I will look into that someone else said something about that. I forgot about it until you said something.

 

[northcal]

Landlord sure is a cold-hearted sob to evict you during the holidays.

 

[cjgenever]

Doubtful the you'll close in thirty days. I'd sue them for unlawful eviction and have them paying my closing costs! If they entered your apartment without notice with no imminent threat to the property then that is a second law suit. The burden of proof is on the landlord. Furthermore, why is it the maintenance man's business if you have a cabinet in your kitchen? Did he look inside it? Third law suit. The law is written in your favor. If gas grills are allowed then a propane burner can be assumed allowed as well unless there is a specific mention otherwise. It is a UL tested device that you were using properly according to the manufacturer's instructions. If 'Turkey fryers' are not allowed that doesn't count here. You were not using deep fry oil, you were boiling, hence it is not a fryer and will not be considered such in a court of law. My grill came with a propane burner installed on it. I bet they would allow that...Friggin a holes man!

I wonder if the AHA would be interested I this?

 

[nightrider069]

I don't know if they would be interested of not but the last year hear I could wright a book on the harassment/them being in my business. But now I am off to bigger and better things I hope. Anyone local want to help me move

 

[sikkingj]

That is tough luck, but before I tried any legal options, I'd politely ask for a few more days/weeks to wrap up your home purchase, move, etc.

Least we forget, every legal action has an associated expense for you and them, win, lose or draw.

 

[rocketsan]

I don't know if they would be interested of not but the last year hear I could wright a book on the harassment/them being in my business. But now I am off to bigger and better things I hope. Anyone local want to help me move

Who would proofread your book?

 

[buzzerj]

Yeah that's harsh. But your Congressman that represents you is a bit harsh too. He cares little for the common man and is bought and paid for by the wealthy. So I expect your plight gets little pity in that neck of the woods. Hope everything goes super for you in your house.

 

[Mattsbay18]

I think you found yourself a brewery name, "Poop n' Brew"

 

[TimmyWit]

The original box to the title is in the basement I will look when I get back there for the inspection for the VA loan

You may have already considered this but I just thought I would mention it. Since you are trying to close in 30 days, you might want to go with a local lender. I went through this process a few months ago with USAA and I couldn't have done it that fast with all the back and forth paperwork.

Sorry to hear about the landlord. Sounds like a real prick. But, it looks like it will work out once you're all settled in the new place.

 

[Roadie]

Sounds like they were looking for an excuse to remove you. Sucks. I hope things go smoothly with the process of buying the house (if your offer was accepted). I wholeheartedly agree with sikkingj above in letting them know you will indeed be moving into your own place and politely asking for a few more weeks to vacate until you can close on the new place. If they know you are leaving perhaps it won't be an issue.

 

[Mike_kever_kombi]

I wouldn't recommend suing for this and that, it's generally a waste of your time and a waste of the courts time.

As far as asking to stay, the point is, if there is no infraction, there can be no eviction. So you do not HAVE to leave. If on the notice they are stating it is due to a turkey fryer, without proof on their end, Barney Fife could argue this in court and win.

Admittedly I am not familiar with landlord/tenant laws in WI, I am very familiar with them in OH, owning several rental properties. Most likely you were served with a 30 day notice to vacate premises, and not an eviction. An eviction usually involves courts and or sheriffs.

 

[Davefox15]

The bathroom is the only place i can get some quite. I have narrowed the equation down more to the toilet I guess so if the toilet is in the middle of the room then i consider that room the entire bathroom...still the quite place. if i could get my brewery in there i would have quite all the time...good luck and you can definitely make it what you want it to be...

 

[seigex]

The bathroom is the only place i can get some quite. I have narrowed the equation down more to the toilet I guess so if the toilet is in the middle of the room then i consider that room the entire bathroom...still the quite place. if i could get my brewery in there i would have quite all the time...good luck and you can definitely make it what you want it to be...

I guess you can tell everyone you brewed the beer they're drinking in the bathroom then...

 

[Talgrath]

Damn, just read through the basics of Wisconsin rental laws, there is some messed up stuff in there. Anyway, it looks like if the property owner gave a proper 5 day non-rent violation notice, meaning they gave you, in writing, a notice giving you steps to correct the "problem" and you failed to do so, they can then give a 14 day "no cure" notice in which you must leave within 14 days. Based on what the OP said, I'm assuming they gave the 5 day notice and then the 14 day notice.

 

[Mike_kever_kombi]

What would the non rent violation be? Owning a turkey fryer? Plus the OP said he no longer uses propane, so he "complies". So as far as a cure or quit notice is concerned, he fulfilled the obligations of the "cure".

 

[Curtis2010]

The only thing you know for sure about taking any legal action is that attorneys will make money.

I own a few rental properties, if you really want to pay them back send a bad tenant their way. ;-)

 

[nightrider069]

I really appreciate your thoughts on the situation I have been really stressed out by all of this. and no the toilet is in the corner of that room. So no poo and brew. I have been given the brewery name from a friend. Broken Liver Brewery, because his liver hurt the next day because he couldn't stop drinking it. lol

 

[nightrider069]

And by the way the interest is 3.781% payment with taxes and insurance is $678.

 

[Sailingeric]

If the house is vacant, you might be able to rent the house until closing if not closing by the 30th. VA loans can take awhile but then this is the slow season in lending.

 

[1977Brewer]

3.781 is a great rate. VA is good for one thing I suppose.

 

[seigex]

Don't forget there's no PMI on VA Loans, you can do 100% of the LTV (no down payment), and they limit the points you have to pay, and because it's backed by a federal guarantee you get a lower interest. My VA loan (3.375) took about 40 days from offer to close, it all depends on who your lender is and how motivated they and the seller are.

 

[F_R_O_G]

my VA loan turned out great. it's the loan officers that make the difference. got the run around by USAA for one and a half months before at the last min they said we couldn't get it. the next guy took 10 days to get the loan approved at a better rate! (end rant)