Stay Out of Wisconsin
5: Retaliation eviction
Stay Out of Wisconsin
â—˜ Excerpts from the deceptions, misrepresentations, and ..... lies in his email are provided in the black bar above each documented refutation.
DOCUMENTATION SUBMITTED BY ARENDT: NONE
What is retaliation?
704.45 Retaliatory conduct in residential tenancies prohibited.
(1) Except as provided in sub. (2), a landlord in a residential tenancy may not increase rent, decrease services, bring an action for possession of the premises, refuse to renew a lease or
threaten any of the foregoing, if there is a preponderance of evidence that the action or inaction would not occur but for the landlord's retaliation against the tenant for doing any
of the following:
(a) Making a good faith complaint about a defect in the premises to an elected public official or a local housing code enforcement agency.
(b) Complaining to the landlord about a violation of s. 704.07 or a local housing code applicable to the premises.
(c) Exercising a legal right relating to residential tenancies.
The facts in re Mr Arendt's misrepresentations, cherry picked facts, & lies about water & Wood County Health Department
Another pile of pure manure from Arendt.
Documentation is below.
FACTS:
* Rent had been paid for September with a
letter describing abatement in accordance with Wisconsin Statute 704.07(4).
* When Arendt filed the claim for eviction claiming unpaid rent for Sept AND Oct on 10/14, the rent for October was not DUE until 10/15.
* 2 days after Five Skies repaired the stairs to code and 4 days after my visit to Building Inspector re 9/16 injuries on not to code &
no permit stairs, on 9/28 a Notice to Vacate or Pay full rent with late fees was taped to the broken door
Only the notice was required, but Arendt just had to add a letter that included the sentence revealing their true motivation:
"It appears that you are unhappy with the manner in which my client manages its trailer park."
* False claim for eviction supporting his client's fraudulent rental of the unit was filed 10 days after my communication with Wood County
Health Dept in addition to the misrepresentation re rent unpaid that was paid in accordance with §704.07(4)
Fraud on the court occurs when the judicial machinery itself has been tainted, such as when an attorney, who is an officer of the court,
is involved in the perpetration of a fraud or makes material misrepresentations to the court.
Arendt did both.
* "A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent" ABA Rule
1.2(d).
Arendt participated in the sham appointment of 9/20. He claims expertise in Commercial & Residential Real Estate on his now defunct
website but appears woefully ignorant or unconcerned with most all of §704 or he knew what he was doing in furthering Five
Skies intention not to make necessary structural repairs.
The facts in re Mr Arendt's misrepresentations, cherry picked facts, & lies about "the sole reason for eviction action is failure to pay rent."
SUCCINCT REFUTATION
9/16 I fell on not-to-code, no permit stairs that were replaced on 9/11.
9/24 I reported not-to-code stairs resulting in injuries to Saratoga Building Inspector with letter & photos.
9/26 Stairs were repaired to code
9/28 Notice was taped to the unit's broken door to Vacate or Pay 1) rent that had been paid in accordance with 704.07(4) and 2) wasn't due.
Arendt also provided a letter including a sentence that revealed their true motivation: "It appears that you are unhappy with the manner in which my client manages its trailer park."
10/04
I contacted Wood County Dep't of Health to ask who handled water quality issues.
10/07 Septic pipe was repaired to code 47 days after septic line broke & sewage laid on my lawn for 18 days (8/22-9/08).
10/14 Factually incorrect claim was filed for my eviction. He also checked the wrong box and his arithmetic was incorrect on the form.
DETAILED TIME-LINE OF LEAD UP TO FALSE CLAIM FILED FOR MY EVICTION IN RE RETALIATION
A. Eleven (11) notifications to Five Skies re rust water, windows, door.....
*in writing: 5/10, 5/20, 6/30, 8/5, 9/3*verbally by plumber: 5/19, 5/31, 6/17*Joey & Delbert saw the water in person mid-June & 7/16, and 9/11.They said nothing, they did nothing about any of the structural repairs 5/10 - 9/20.
B.
“terminate (my) lease” per Nick’s email of 7/01: 63 days
after I move myself & my business 200 miles from Minnesota.
Nick writes that will be their choice "if" underground lines are cause of problem because they "would not continue to rent the unit until that issue is remedied..."
They knew underground lines could be the problem but advertised
the unit's availability as "now" on 3/24 & chose to rent the unit in April anyway. They didn't tell me about the iron problem on 3/27 when I saw the unit. There is no mention of it in any of the emails from 3/24 through 4/16
when I returned the signed lease to them. The iron problem became known to me only when I discovered the toilet bowls & ran water from each tap after
I'd moved in on 4/27.
However, they expected to collect full rent w/o repair of the problems disregarding statutory requirements concerning necessary repairs, i.e., FRAUD.
Click on photos to enlarge in new tab.
Click images to enlarge in new tab.
C. 7/16 No communication of any kind from Five Skies from July 16 appointment (when this water was seen by Joey & Delbert) to August 5 (20 days)
D.
8/05 I submitted a written request for expected date of completion of repairs via their mail slot #15 AND accepted their offer to pay rent on 15th of month to sync with my social security check. >>>click to enlarge>>>>>>>>>>>>
This is the same mail slot where I deposited every
rent check.
E.
No response from Five Skies to request for completion date as I confirmed in my letter of 9/03.
F. 8/15
In accordance with their ridiculous demand of 7/03 (right, bottom), I paid FULL August rent. Apparently, they mistakenly think that they are an exception to Wisc Stat 704.44(8). After Nick's email of 7/01 & the appointment of 7/16 with no follow-up on water they had seen, I had no reason to think they had plans to do anything about anything in re condition of #6. After 7/05, I started a search for a place to live with immediate & cat friendly availability to constructively evict myself as well as researching UDC & Wisconsin Statutes, & trying to determine from whom I might borrow to move again. They cashed my August check – 0 balance & no late fees per the receipt
-
though Nick had invested more time in that activity than any of them did in repairing anything.
I did not hear from anyone at Five Skies 7/17 - 9/03 (49 days)
G.
9/03 4½ months after I moved in, I sent Five Skies a letter providing a one (1) week deadline to complete repairs and noting the two repairs that had actually been completed. If repairs were not completed, the letter advised I would contact:
Town of Saratoga, Dan Hansen, Building Inspector
Division of Environmental Management, Well Water Testing and Safety, Madison
Wood County Health Department, Health Department Inspector
Legal Action of Wisconsin
Wood County Human Services
Aging and Disability of Central Wisconsin, Advocacy
I was waiting on word about my friends' availability & truck to accomplish my constructive eviction last week of September/first week of October.
I did not hear from anyone at Five Skies 7/17 - 9/10 (56 days)
H. 9/11 I happened to see Joey after he & his buddies had installed the not to code/no permit stairs.
He said they were "looking at" doors & they were having "money problems."
He smiled while declining the mug of water
I offered to him.
I.
9/12 I received the email (on right) from Joey after the deadline specified in my letter of 9/03. They want to attach “a” filter in
the unit that affects every tap(?) to "see if that helps. to see??
helps?? Where would YOU put "a" filter to affect every tap - kitchen, sinks, bathtubs - IN
your home?
The door is back-ordered? The door that Nick said had to be replaced on 5/11? That door? A week or two for arrival?? How much longer to install??
How does Nick’s 7/3 “moot” email
match up with Joey’s 9/12 email? It doesn't.
Kurt would not be returning to the property according to Nick on 7/01, but now he is???
Kurt would not be returning to the property according to Nick on 7/01, but now he is???
And Arendt has the unmitigated gall to write that I claim
they "artificially delay"?
J.
2 appointments declined:
both after deadline of 9/12failed to provide 24 hr notice per Nick's guarantee of 7/01to complete not start repairs
not to try a "temporary" solutions - 'to see if that helps'"hopefully hopefully" help per Joey's voicemai
K. 9/15 I dropped my rent check in mail slot #15 with this letter abating rent in accordance with WI Statute 704.07L. 9/16 I stumbled & fell injuring myself on the 4" riser of the not-to-code/no permit stairs while carrying a 30lb bucket of cat litter.
N. 9/18 Rather than deal with any appropriate & lasting repair since May 10 (or maybe they were just exhausted from their 3 appointments in 4½ months), Five Skies chose to hire attorney Arendt to threaten me with:
• entering without notice
• terminating water supply
• start eviction
Really.
That's what Five Skies did.
That's what Arendt did.
Arendt's email resulted in the coerced 9/20 appointment charade described here
in which Arendt participated in by phone or in person.
Result of that appointment: no show, no cancel, and no request to reschedule
M. 9/24 When some of the pain & swelling had subsided from my fall on the not-to-code/no permit stairs, I visited Saratoga's Building Inspector with the letter & photos I'd written 9/21.
Expecting I'd need to fill in forms & wait some sort of required time frame, I was close to ecstatic when she picked up the phone & called Nick while I sat there so I could know what she said. Following her call in which she informed Nick the stairs were not to code, we had a pleasant chat about ADHD, her grandson (nephew?), allergies, alternative medicine and I left. One week after she spoke with Nick, she couldn't remember anything about the old lady who hobbled into her office a few days earlier in a shrinking town of 5,383 souls. Really?
N. 9/25 I learned my friend's husband had had a severe stroke & was hospitalized. I lost the place I had planned to move to as I could not provide a date of occupancy because I had now lost the friends who were going to help me move with their truck. I had to begin again the search for a place to live while grieving for my friends and dealing with the scofflaw landlord and his scofflaw atttorney.
O. 9/28 Notice to Vacate/Pay Rent taped to the broken door 4 days after I visited the Saratoga Building Inspector, two days after they brought the stairs to code. Arendt revealed the motivation behind the false claim of rent due in a single sentence: "It appears that you are unhappy with the manner in which my client manages its trailer park." What does that sentence have to do with rent? Nothing. Rent was paid in accordance with §704.07(4). This wasn't about "rent." This was about fulfilling, one way or another, Nick's written statement of 7/03 re terminating my lease IF the underground pipes were involved and the fact that they weren't going to do that to correct the problem regardless of my lease and the relevant laws. I doubt they appreciated my visit to Saratoga's building inspector either although I'd told them I would in my 9/03 letter.
Arendt cited an incorrect statute incorrectly: he wrote 704.17(1) even though there is no such numbered statute; we have to assume he meant 704.17(1p) but that is also incorrect as it pertains to week-to-week or month-to-month tenancies.
In this case he should have cited 704.17(2) for tenancy of one year or less or year to year.
P. 10/4 I contacted Wood County Health Dept as I had specified in my letter of 9/03.
Click to enlarge in new tab.
Q. 10/14 Arendt filed for my eviction falsely claiming September & October rents were not paid.
FACTS:
August rent paid on 8/15. No late fees assessed.
September rent with this letter was paid in accordance with §704.07 on 9/15.
October rent was not due until 10/15.
Email from Joey & my response re rent due in sync with my social security check
>>> click to enlarge >>>>>>
From court filing of 10/14/16 - More on Arendt's false court document here.
Five Skies hired an attorney who has no regard for the relevant laws, facts or truth to protect a scofflaw slumlord who has no regard for the relevant laws, codes, facts or truth
* Threaten an old lady on 9/18 who has been trying for 5 months to get a few major issues dealt with only to be ignored by 3 representatives of Five Skies LLC
* coerce a phony appointment claiming that the no-show, cash job plumber had a family emergency. Joey claimed they'd reschedule but, no surprise, never contacted meagain about anything
* filed a false claim for non-payment of rent as "sole reason" on his reply to DATCP for eviction when rent had been paid in accordance with WI Statute for September &wasn’t even due for October.* Quit-Pay notice had letter attached revealed their true motivation 4 days after I visited Building Inspector in re building code violations:"It appears that you are unhappy with the manner in which my client manages its trailer park." Unpaid rent was both false & pretextual.
* Arendt lists Commercial & Residential Real Estate as an area of expertise and appears to be ignorant of or just doesn't care what the laws require as long as his clientgets what he wants in direct violation of Wisconsin's laws.
