7: Abatement of rent

Stay Out of Wisconsin
Arendt wrote:

Full email here

 
DOCUMENTATION SUBMITTED BY ARENDT:           NONE
          Let's break all Arendt's lies, fictions, and fantasies into the actual, documented facts:

 1 of 9     ...has decided not to pay rent...
 
Arendt wrote:  Ms XXXX ...has decided not to pay rent....and has decided to not allow inspection and repair of the items she continues to complain about. 

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...

Arendt wrote:  Ms XXXX has decided not to pay rent and has decided to not allow inspection and repair of the items she continues to complain about. 

 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 the
                         problem 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 pipes
                        but 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 
             Arendt wrote: Ms XXXXXXXXXXXX has decided not to pay rent and has decided to not allow inspection and repair of the items she continues to complain about. 
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 parties
                        and to all residential tenancies. An agreement to waive the requirements of this section in a residential tenancy, including an agreement in
                        a 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 impliedly
     agreed 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 repairs
                        that 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.  
                                          
                                                            ◘  May 21 
                    Nick & Joey tacked screen fabric over filthy, torn, holey screens (photos from my 5/10 email) - no interior access required, no
                    conversation.

                                                            ◘  mid June
                   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, I
                    showed 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.

                                                            ◘  July 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.

             ◘   7/17-9/10
                  Five 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 or
                  completed.
              
              ◘  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 safe
                                     while decreasing air ventilation.
                               ◘    pin replaced on the bedroom door hinge so it wouldn’t fall off again. 

                                                           ◘   Sept 20
                   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 men
                   to be done talking to Arendt.
                   I learned 10/04, the plumber didn't show up although Joey said "we are here."  
                   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 they
                   actually 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 16
                      I 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.  
Arendt wrote: Ms XXXXXXXXXXXX has decided not to pay rent and has decided to not allow inspection and repair of the items she continues to complain about 
                                  
                          If any attempt to DO any of the repairs specified in the email of 5/10  had been made by anyone at Five Skies, I wouldn't have had to "continue"  to make
                          the SAME complaint a total of 11 times over 4½  months.
                    
                          5/11  After Nick received my 5/10 email  with photos, he and Joey showed up at the unit without an appointment.
 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.
                                              Sometimes one has to make the "same" complaint again is because the landlord claims he never heard it or read it the first time.
                                         Nick wrote on 7/01:  "This is the first that I heard windows do not open..."
                                         My email of 5/10 provides nine (9) pages of photos describing the various problems with the windows.  Did he "forget" or is he lying?
 
                                         NONE of the conditions changed during my entire tenancy as nothing was substantively & completely repaired: not the door, not the windows, 
                                         and horrifically, not the water.     From my letter of 9/3: (click to enlarge in new tab):
             
5 of 9     When she was asked to pay the full rent.....
                                               
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.

◘  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 about
     anything for 56 days:   from 7/17 - 9/10 .

             
6 of 9     ....agreed period of rent abatement....
    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.
◘  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 both
            parties and to all residential tenancies.  An agreement to waive the requirements of this section in a residential tenancy, including an
            agreement in a rental agreement, is void. Nothing in this section is intended to affect rights and duties arising under other provisions
            of 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 client
    and 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 habitable
                 condition 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 indefinitely
                           for any item that she believes needs repair.
                                                              My letter of 9/03 describes the totality of completed repairs.  Not the water, not the windows, not the door.  
                                                      Nothing but the screens (sort of) in my email of 5/10 was repaired/corrected.
                                                       Nick confirmed that the plumber would not return to finish the water line replacement on 7/01See 5 of 9 above.
    Nick knows the job is not finished and, now, will not be finished.  (Plumber was in jail on 6/13.)
    Plumber "forgot" about outdoor water connection in June; was done 9/08 when he was dealing with the sewage on my lawn.
    I was never informed whether the laundry connection was done (excerpt from my 9/03 letter). 
    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 tap
     that I discovered when I moved in 4/27. 
                                                                     The actual reason for the off-the-books, no permit pipe replacement was Five Skies hope that replacing the unit's water lines would
                                                             correct the iron problem, as Nick revealed 5/10:
                                                             "The water issues must be related to the pipes in the trailer itself and the new pipes should remedy that."
                                                             Note:   must be         new pipes should remedy that
        
        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 finished
        pipes. 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:
                                                                         "If the water remains unimproved, it may be necessary to replace lines below ground. We will determine how best to approach that
                                                                         situation if the need arises but if that is the case we may have to terminate your lease because we would not continue to rent the
                                                                         unit until that issue is remedied and it may take a considerable amount of time to remedy."        
                                                                         Note:  may have to terminate your lease      would not continue to rent the unit until that issue is remedied
                                                            
                                                           
                                                             They will terminate my lease because they would not continue to rent the unit until that issue is remedied
                                                             They will not correct the problem they knew about but failed to inform me of before I signed the lease and not until 7/01 - 63 days after
                                                             I moved in.

 ◘  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.

 ◘   None of the repairs that Nick wrote would be done "soon" were done at all as I indicated in my letter of 9/03. That is the same letter to which
      Arendt responded to on 9/16.
              8 of 9     ...decided to claim that the abatement should continue indefinitely...
                           
     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 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 of
   one 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 without
    incurring 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 the
   necessary 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 at
   Five 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 letter
   enclosed  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 of
    9/16 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, abatement
    continues 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 the
                        tenant or SUBSTANTIALLY AFFECTS THE USE & OCCUPANCY OF THE PREMISES, RENT ABATES TO THE EXTENT THE TENANT IS DEPRIVED
                        OF THE FULL NORMAL USE OF THE PREMISES.

■ "PROMPTLY" is not 4½ months after initial notification and 10 subsequent times 5/11-9/06.
    Suggesting a "temporary" remedy that wil "hopefully hopefully help" after 4½ is not "to repair or rebuild or eliminate..."
■ "FULL NORMAL USE" is being able to:
     ■ 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
          teeth, wash your hands, etc.
     ■ 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.
              9 of 9     .....she believes needs repair.
                           
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.
I'm new to Wisconsin.   Is this how things are done here?

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 with
Wisc 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 effort
to 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):

Based on his email to the DATCP:
Arendt is knowledgeable about everything pre-Day 1 of my tenancy and all days to the last.  However, neither he nor Nick & Joey knew that I had already constructively evicted myself.
Credit where credit is due: Arendt does work very hard to cover landlord's buttocks with lies, hogwash, & deception while trying to pad a fraudulent claim with extra dollars.

Is this how things are supposed to be done in Wisconsin by an Officer of the Court?
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