1 of 9 ...has decided not to pay rent...
Rent: Full rent was paid on August 15 as agreed (check; receipt 0 balance, 0 due, no late fees).
Rent was paid in September in accordance with §704.07(4) untenantability as specified in accompanying letter.Rent was not due for October until October 15 when Arendt filed the false claim for my eviction on October 14;his DATCP reply is dated 10/21.
2 of 9 ...has decided to not allow inspection...
Inspection: No inspections of any sort were requested by anyone at anytime from 4/27-9/20 (last contact).The water was the only item that might have required an inspection of some sort. But why inspect when you already know theproblem and the solution?Nick defined the problem with the water in his email of 7/01 and the solution: they would not deal with the underground pipesbut would terminate my lease....would not continue to rent until remedied.This isn't legal beagle stuff.As a mere human being, Arendt should know that it is impossible to decline a request that isn't made.
3 of 9 ...has decided to not allow......repair
704.07 Repairs; untenantability.
(1) Application of section. This section applies to any nonresidential tenancy if there is no contrary provision in writing signed by both partiesand to all residential tenancies. An agreement to waive the requirements of this section in a residential tenancy, including an agreement ina rental agreement, is void. Nothing in this section is intended to affect rights and duties arising under other provisions of the statutes.
704.07(2) Duty of Landlord
1. Keep in a reasonable state of repair portions of the premises over which the landlord maintains control.
2. Keep in a reasonable state of repair all e quipment under the landlord's control necessary to supply services that the landlord has expressly or impliedlyagreed to furnish to the tenant, such as heat, water, elevator, or air conditioning.
3. Make all necessary structural repairs.
4. Except for residential premises subject to a local housing code, and except as provided in sub. (3) (b), repair or replace any plumbing, electrical wiring,machinery, or equipment furnished with the premises and no longer in reasonable working condition.
5. For a residential tenancy, comply with any local housing code applicable to the premises.
Repairs: 4 appointments requested & accepted on their specified date & at their specified time.
At no time did Delbert or Joey bring a repair list or the pdfs of 5/10 & 6/30, or email of 5/20 describing the same necessary repairsthat Nick agreed "all" were necessary on 5/10.
On 7/16, they brought no tools. I loaned Delbert a screwdriver.Repair guys show up with NO TOOLS.
Nick & Joey tacked screen fabric over filthy, torn, holey screens (photos from my 5/10 email) - no interior access required, noconversation.
20 minutes late; Joey said he overslept.Linoleum repair, albeit temporary, due to gap twixt broken door & floor - rain undid half their effort. In my 9/03 letter,I described Delbert's response to learning that half of the repair was destroyed by the rain water: "On their visit of 7/16, Ishowed Delbert & Joseph how the rain had undone the glue on the old linoleum which is curled up again creating again
a tripping hazard. Delbert said he “thought that would probably happen.”
◘ NOTE: My 6/30 email advised Five Skies that interior temperature was 90° and windows still do not open (no a/c). Delbert &Joey showed up 16 days later on 7/16.
Delbert drilled a window open which rendered it thereafter unable to be closed. Photo of window from my 5/10 email.Joey stuck a pin in the door hinge so it wouldn't fall off. He asked his Uncle Delbert to check his work.◘ 7/17-9/10Five Skies did nothing - no contact for 56 days◘ Five Skies demanded full rent for August though none of the repairs specified in email of 5/10 had been attempted orcompleted.
◘ NOTE: Five Skies did not reply to the written request of 8/05 for a date repairs would be completed.
Five Skies had been notified of the SAME necessary repairs eleven (11) times. Letter of 9/03 describes repairs completed:◘ screening that was placed over the old, torn screens on five of ten windows (5/21) keeps insects out and cats safewhile decreasing air ventilation.◘ pin replaced on the bedroom door hinge so it wouldn’t fall off again.
I deemed them a no show by email at 10:34a for their 10:00a app't and, according to Joey, the old lady should wait for the mento be done talking to Arendt.The plumber was not there & was the only authorized person to "attach a filter" to "hopefully" "help" with the water.Joey also claimed on 10/04 that they would reschedule. They didn't.If Gmail had delivered the email on 9/20, should the old lady have waited until 11:40a for a 10:00a only to learn that theyactually weren't "all" there?Why did Joey lie to me in that email?
See 9/20 Sham Repair Appointment for details.
2 appointments declined after the deadline to complete repairs:
◘ Sept 12 & Sept 16I received the email of 9/12 from Joey 4½ months after I moved in:He wants to attach “a” filter "in" the unit that affects every tap (?) to "see if that helps"?Oh, wait....forget that 9/12 thing because on 9/16 Joey is "going back & forth with Pellner (sic) plumbing" to find a "temporary" solution.Temporary? After 4 months & 21 days? While they are expecting full rent, they want to find a "temporary" solution?No appointments were requested after the 9/20 no-show, no cancel, no request to reschedule appointment (4 months & 25 days since 5/10).
I never heard from Five Skies again.
4 of 9 ...continues to complain about.
Nick handed the bottom plate from the door back to me and said the door had to be replaced.Joey was "looking" at doors 5/26, 8/22 or 23, and 9/12, and 9/16.
5 of 9 When she was asked to pay the full rent.....
◘ I did even though the replacement of water lines had NOT been completed as I wrote on 6/30.◘ Nick's email of 7/01 confirms that plumber will not return to finish.◘ See Joey's receipt of 8/19 for full August rent check dated 8/15 & receipt per agreement of 8/05 to pay rent on 15th NOT 1st.0 BALANCE DUE, NO LATE FEE.◘ Other than the brief & insignificant verbal exchange with Joey on 8/22 or 23, there was no contact from anyone at Five Skies aboutanything for 56 days: from 7/17 - 9/10 .
6 of 9 ....agreed period of rent abatement....
◘ The clause in the lease regarding the reduction in rent until the water lines were replaced in May is void.◘ 704.07 Repairs; untenantability.(1) Application of section. This section applies to any nonresidential tenancy if there is no contrary provision in writing signed by bothparties and to all residential tenancies. An agreement to waive the requirements of this section in a residential tenancy, including anagreement in a rental agreement, is void. Nothing in this section is intended to affect rights and duties arising under other provisionsof the statutes.◘ WI Statute 704.44(8) (below) does not allow repairs to be limited in lease as Five Skies did and Arendt chose to ignore to benefit his clientand perpetuate the fraud.
Arendt claims expertise in Commercial & Residential Real Estate Transactions per his now defunct website, patarendtlaw.com. Screenshots taken before he took it down.Note: He claims expertise in most everything, so maybe he had trouble finding and/or understanding the relevant statutes.Probably he chose to ignore them.§704.44(8) Residential rental agreement that contains certain provisions is void. Notwithstanding s. 704.02, a residential rental agreement is void and unenforceable if it does any of the following:
(8) Waives any statutory or other legal obligation on the part of the landlord to deliver the premises in a fit or habitablecondition or to maintain the premises during the tenant's tenancy. See 3 of 9 for Duties of Landlord
7 of 9 ...repairs that were made...
Arendt wrote: When she was asked to pay the full rent after an agreed period of rent abatement for repairs that were made, she has decided to claim that the abatement should continue indefinitelyfor any item that she believes needs repair.
Plumber "forgot" about outdoor water connection in June; was done 9/08 when he was dealing with the sewage on my lawn.1) all orange wardrobe? 2) sufficient water pressure?◘ They advertisted the unit as "available now" on 3/24.They told me on 3/27 that the water lines were being replaced to improve water pressure.They did NOT tell me that they were hoping that the new pipes "should remedy" the horrendous iron problem.They did NOT tell me that before I signed the lease on 4/16 or include that information in any email prior to my move-in on 4/27.Had I known that, I would have made a different decision about where I would move to in Wisconsin.Any reasonably sane person would know there was an iron problem by looking at the toilet bowls or drew the water from every tapthat I discovered when I moved in 4/27.
On 6/30, I wrote to Nick: "I am pretty far beyond merely “disappointed” at this point. Please see pages 3-5 re orange water, not finishedpipes. I waited day after day for Kurt to show up – to no avail." (pages 3-5 refers to texts to/from Kurt 5/11-6/17).When whatever new pipes had been installed did NOT correct the problem, Nick continued:
◘ They couldn't even be bothered to determine why the new(?) line resulted in no improvement in water pressure for the bathtub/shower(excerpt from 6/30 email) after Nick wrote that it would be done "shortly" on 7/01. It was never done.
Arendt wrote: When she was asked to pay the full rent after an agreed period of rent abatement for repairs that were made, she has decided to claim thatthe abatement should continue indefinitely for any item that she believes needs repair.
◘ Nick wrote on 5/10 that "I will make sure that these are all addressed as soon as possible." He did not say that he would see to the repair ofone or two, he said "all.""All" were necessary repairs to achieve a unit in which full normal use was possible.What he means by "as soon as possible" is impossible to determine. One thing it was NOT is "prompt."◘ Full rent was paid in August for iron filled water, windows that couldn't be opened and/or closed, and a door that couldn't be used withoutincurring significant bodily injury.
The Kedrowskis had declared their intention NOT to correct the gross water problem and had shown virtually no interest in making any of thenecessary repairs described to Nick on 5/10 and 10 more times through 9/11. 56 days elapsed (7/17-9/10) without one word from anyone atFive Skies to attend to the smallest possible repair. Almost TWO MONTHS.On 8/05, my written request submitted requesting a date that repairs would be completed went unanswered as I noted in my letter of 9/03.
◘ September 15th, I paid rent adjusting for August, in accordance with §704.44(8) & 704.07(4) and our previous agreement as stated in the letterenclosed with the check.
NONE of the conditions described on 5/10 had been repaired during my entire tenancy from day one to day last as nothing was substantively& completely repaired: not the door, not the windows, and not the terrible water. Their not to code/no permit stairs resulting in my injuries of9/16 were repaired 9/26 only after my visit with the Saratoga Building Inspector. Notice to Quit/Pay taped on my door 2 days later on 9/28.Arendt claims that is not retaliation. Given that rent was paid in accordance with relevant laws & repairs were NOT done, abatementcontinues in accordance with Wisconsin law. His notice is factually false and completely misrepresents the situation.
Arendt claims expertise in residential real estate. Why is his sentence completely at odds with Wisconsin State law 704.07(4):.....unless the landlord proceeds promptly to repair or rebuild or eliminate the health hazard or the substantial violation of sub. (2) materially
affecting the health or safety of the tenant........If the tenant remains in possession and te condition materially affects the health or safety of thetenant or SUBSTANTIALLY AFFECTS THE USE & OCCUPANCY OF THE PREMISES, RENT ABATES TO THE EXTENT THE TENANT IS DEPRIVEDOF THE FULL NORMAL USE OF THE PREMISES.
■ drink a glass of water, cook rice, fill a cat's water bowl, take a shower without finding this in the drain catcher, water a garden, brush your■ open and close a door without injuring your wrist and shoulder; use the key to lock & unlock it.■ open and/or close windows with no a/c in the unit and winter is coming■ walking up a short flight of not to code/no permit stairs without injury (9/16)Nothing was corrected; rent abates from day one. Had everything in 5/10 email been corrected promptly, rent would have been paid accordingly @ $450/month. I could have expanded my business and, as I planned to do, find a better place to live at the end of lease.
Arendt wrote: When she was asked to pay the full rent after an agreed period of rent abatement for repairs that were made, she has decided to claim that the abatement should continue indefinitely for any item that she believes needs repair.Nick agreed with me and "believed" ALL the repairs needed to be done in his email of 5/10.Believes needs repair? Believes? Facts do not require belief & pictures don't lie. Emails don't lie.Repairs necessary were documented with photos on 5/10.
Is Arendt - a self-professed Real Estate Expert - also unawareof 704.07(2)(a)5 and 704l.07(2)(a)3 requiring structural repairs to be completed & to comply with housing codes?
◘ Five Skies was notified 11 times (5/10-9/06) of all the SAME necessary repairs to water, door, and windows.
Scofflaw landlord hires an attorney to lie his bloomin' head off to a government agency & that's okay because .....why?
A dishonest landlord who can't be bothered to perform repairs in accordance with the Uniform Dwelling Code, Dept of Safety & Professional Services (DSPS) or comply withWisc Chap 704 so they’d prefer just to get rid of the old lady who dared to think that she was moving 200 miles to expand her business but loses her license due to their effortto save a few bucks by not bothering with
► obtaining building permits for plumbing or stairs or building to code
►completing necessary repairs to door and windows
► hiring a plumber off the books who can't be bothered to show up for appointments or to finish the job (in part because he was in jail for felony stalking)while leaving the tenant with no laundry connection as promised, iron-filled water from every tap, no outdoor tap, windows that don't open or close, an unusable door& sewage on my lawn for 18 days (47 days to repair):