Five Skies: Violations of WI Statutes, DSPS Codes, UDC

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Scofflaw landlord violates Wisconsin Statutes,   Dep't of Safety and Professional Services (DSPS) Regulations,  and Uniform Dwelling Code
AIDED & ABETTED BY SCOFFLAW ATTORNEY:   PATRICK ARENDT
Uniform Dwelling Codes & DSPS
Five (5)
                                                                         Wisconsin Statutes    (skip down here)
                                                                          Ten (10)
SPS 326.15,      SPS 326.25,    SPS 381-387,     SPS 321.04(2)(e),    SPS 321.04(2)(a)1  

704.03(5), 704.08, 704.44, 704.07, 704.07(2)(a)1-4,  704.07(4), 704.14, 704.45, 704.90(4b)(b), 710.15(2m)
Five Skies disregard of laws, building codes, obtaining permits, DSPS regulations and their documented failure to perform necessary repairs as described in my email of 5/10 and is summed up in an excerpt from
my letter to Nick on 9/3:
"The current condition of mobile home unit 6 that I rented from you 4/27/16 has to present date not received the necessary and promised repairs. Four months – a full third – of the lease has elapsed. 
The progress on the repairs to be made prior to moving in 4/27 and since is close to nil but for:
â–º 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.
â–º pin replaced on the bedroom door hinge so it wouldn’t fall off again."
   Uniform Dwelling Codes & Department of Safety & Professional Services

Wisconsin Code re Potable Water

Intro: SPS 326.01 Purpose. Pursuant to s. 101.935 (3), Stats., the purpose of this chapter is to regulate manufactured home communities in order to protect public safety and health

SPS 326.15 Adequacy of water supply. Each manufactured home community operator or manufactured home community contractor shall furnish a continuous and adequate supply of potable water to its manufactured home community occupants.

SPS 326.25 General requirement. A manufactured home community contractor and a manufactured home community operator that provides water service or sewer service, or both, to the occupants of their manufactured home community shall furnish reasonably adequate service and facilities as required by this subchapter.

The only contaminant the WI Department of Health concerns itself with is "...water that is free of coliform bacteria" as Nancy Eggleston wrote.  
If your water happens to have chunks of iron or apparently anything else in it, too bad so sad....especially if your landlord never bothered to tell you before you signed the lease & moved in.  Especially if your new landlord assured you before moving in that the water was "clean & good" while having no intention to correct the problem he knew existed.  Would you bathe your baby, cook your food, shower, brush your teeth in this water?  Do you think this water is "reasonably adequate"?

Nick DEMANDED FULL RENT while doing NOTHING for 56 days from 7/17 - 9/10 although they were notified about the repairs & water eleven (11) times:
 in writing: 5/10, 5/20, 6/30, 8/5, 9/3
 by their off-the-books plumber: 5/19, 5/31, 6/17
 Joey & Delbert saw the water in person mid-June, 7/16, 9/11
   Email from Jack Wotruba, HUD/UDC, Safety & Professional Services:    stairs are in violation of code; no permit = no inspection for compliance  (click to enlarge in new tab)
    Violations of  SPS 321.04(2)(a)1    Except for spiral staircases under subd. 2., stairways shall measure at least 36 inches in width.
    Violations of  SPS 321.04(2)(e)         1. Within a stairway flight, the greatest tread depth may not exceed the smallest tread depth by more than 3/8 inch and the greatest riser height
                                                                                may not exceed the smallest riser height by more than 3/8 inch.          (Click photos to enlarge in new tab)
Violations of SPS 381-387 re sewage spill 8/22 - 10/07:  47 days
    Click photos to enlarge in new tab  with date/time stamp          
â–  photo on left - Sept 6 

â–  improperly "capped" septic tank pipe.  It's the same
   old coffee can in place on move in 4/27

â–  sewage spill not reported by landlord as required

â–  sewage spill left on lawn for 18 days

â–  sewage not cleaned up per regulations

â–  47 DAYS LATER: properly capped on 10/07 after I
   contacted WI Dept of Health 10/04   (on right) 
Wisconsin Statutes
§704.07  Repairs; untenantability     (1 of 4)
    Numbers below refer to numbers in §704.07 on right

(1) agreement in lease to waive requirements of this section....is VOIDNick's attempt to limit abatement due to replacement of water lines in unit is VOID.





2. Keep in a reasonable state of repair all equipment: like all the pipes that bring water to unit

3. Make all necessary structural repairs: fix rusted out pipes, doors, windows, stairs

4. Saratoga is subject to Wisconsin's  Uniform Dwelling Code: "replace any plumbing.....no longer in reasonable working condition."

5.  Bldg inspector's email: confirmed no permits for stairs & plumbing; back stairs not to code; Wotruba DSPS also confirmed stairs not to code  


Tap water running into half-bath sink on 10/29 


(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 in 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.
(2)  Duty of Landlord 
      (a) Except for repairs made necessary by the negligence of, or improper use of the premises by, the tenant, the landlord has a duty to do all of the following:
         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 equipment 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.
 
*******************************************************************************************************************************************************************

re #3 & #5:  Five Skies built stairs not to code & without permit resulting in my injuries on 9/16.  Whether the pipes were installed by cash-job plumber to code, I don't know, but it was done without permit according to Lorelei Fuerher, Saratoga Building Inspector.  As Mr. Wotruba wrote "No permit = No inspection."
I don't know whether he replaced "all" the pipes or just some of the pipes.

5/10  Nick wrote the water " :...does not have any problems with color, odor, chemical or minerals.” Technically, iron is a metal on the Periodic Table of Elements.  He & Wood County refer only to the condition of the water IN the well. The "equipment" ((2)2 & (2) 3 above) between the well and the pumphouse  are the problem which is confirmed by Nick on 7/01:  "it may be necessary to replace the lines below ground..."  Wood County does not test water in housing units - just the well itself as confirmed by email from Kate Carlson, Wood County Health Dept.

You cannot shower in the well, dip a bucket into the well to get water to cook dinner, brush your teeth or wash your hair in the well. However, the pictures above and on Water clearly reflect that while the water in the well might be just fine & dandy, that is NOT the case with the water once it travels in the structural pipes from the well to the pumphouse and then in the pipes to the unit.  The Landlord is responsible for getting the wonderful well water into my unit without chunks of iron.  He knew that was a possibility/probability when the new lines (?) in the unit did not correct the proble.  He didn't want to do that.  On 7/01, he wrote:  "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."   63 days after I moved in, rather than make the repairs required by law, they would TERMINATE (MY) LEASE as they WOULD NOT CONTINE TO RENT THE UNIT UNTIL THE ISSUE IS REMEDIED...."  On 4/27 when I moved in, I learned that it is impossible to look at the toilet bowls & tanks, draw water from any tap and think there is NOT a problem with water IN the unit.   Nick knew about the unit's water as he confirmed in his email of 5/10 "must be related to the pipes in the trailer itself and the new lines should remedy that."  "must be" "should remedy"  The new lines failed to remedy the problem despite Nick's "should remedy that."  Failing to provide the information known to them re the water IN the unit & their intention not to repair the situation to gain a rent paying tenant is fraud. They demanded FULL rent for August, September, October WITHOUT making the necessary repairs.  Delbert & Joey looked at the water on 7/16, said nothing & walked away.  No request for assessment, no request for appointment, no contact from them from 7/17 - 9/10  (56 days).   See water of 10/29 on left.  

Five Skies was informed eleven times of the repairs necessary:  5/10, 5/19, 5/20, 5/31, 6/17, 6/30;  7/16 & mid-June (in person: Joey &Delbert), 8/5, 9/6, and 9/11.   On 9/11, Joey declined the mug of water I offered him.  Joey  told me they were having "money problems."  Joey's 'temporary" remedy that would "hopefully hopefully help" is NOT a correction of the problem while also paying full rent for unusable windows & door.

NOTHING WAS DONE OR EVEN ATTEMPTED TO CORRECT THE SITUATION THEY KNEW EXISTED BUT CHOSE NOT TO TELL ME.  Nick's 7/01 email proves unequivocally that they did not intend to correct but would choose to terminate my one year lease 63 days after I moved in, i.e., fraud.
§704.07  Repairs; untenantability     (2 of 4)

Excerpt of my 9/03 letter describing the 2 repairs done since initial notification:

Compare to the repairs necessary described in my 5/10 email and to which Nick replied on 5/10:  
"I will make sure that these are all addressed as soon as possible."  How does Nick define "asap"? 6 months+ or never as he did 7/01?
§704.07  Repairs; untenantability     (3 of 4)



â–    Nick will “terminate lease” 63 days after I moved in rather than make the necessary repairs to water  (7/01 email, excerpt below) & declares that "other repairs are “moot  unless water is fixed w/underground lines which they will not do.  His statement is a violation of §704.44(8) as landlords don't get to pick & choose which necessary repairs they will do, e.g., oh, it's a damn shame that the shoddy, not to code wiring in your apartment keeps shorting out - pay me full rent or pack up and get out.

â–   5/11:  Nick stood in kitchen holding panel that fell of bottom of door & said the door had to be “replaced.” It was not replaced; it was not repaired.

â–   07/01 email from Nick (excerpts below) claims he doesn’t know there was a problem with windows. My 5/10 email to Nick provides 9 pages (12-20) of photos with descriptions of malfunctioning, filthy windows & missing screens. The 5/20 email provides a list.  The 6/30 email (excerpt) provides a few more details on the non-functional windows.  (No A/C in unit)

â–   Excerpts from Nick's email 7/01:

â–  “This is the first that I had heard that windows do not open…” & "I had forgotten about the Kitchen window issue…"

â–   “The tub and door should have been looked at but hasn't yet due to some communication errors but will be shortly now that it has been added to the radar again.”    (Note:  Never happened.)

â–    “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."  
                                                          77 days after signing one year lease & 63 days after move-in.
§704.07(4)   Untenantability   

§704.07(4)  untenantability

(4) Untenantability. If the premises become untenantable because of damage by fire, water or other casualty or because of any condition hazardous to health, or if there is a substantial violation of sub. (2) materially affecting the health or safety of the tenant, the tenant may remove from the premises 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; or the tenant may remove if the inconvenience to the tenant by reason of the nature and period of repair, rebuilding or elimination would impose undue hardship on the tenant. If the tenant remains in possession, rent abates to the extent the tenant is deprived of the full normal use of the premises. This section does not authorize rent to be withheld in full, if the tenant remains in possession. If the tenant justifiably moves out under this subsection, the tenant is not liable for rent after the premises become untenantable and the landlord must repay any rent paid in advance apportioned to the period after the premises become untenantable. 


"FULL NORMAL USE" 
Drinking a glass of water, filling the cat's water bowl, cooking, brush teeth, wash hands
Taking a shower w/o fear of rust water pouring down as happened x3
Being able to open a door w/o slamming your body into it, turning the knob 100x, and being able to use a key to unlock it
Open & close windows in a unit with no air conditioning;  winter happens every year
Absence of vermin crawling in through gap under broken door & rain water running 17' into the unit
18 days of sewage on my lawn; 47 days w/o abiding by required DSPS cleaning method makes use of lawn impossible

"After the premises become untenantable," i.e., day one.  That's why my claim included return of all rent monies paid.  I abated the rent in accordance with what Nick called the "discount" previously agreed upon and this statute.  


Five Skies was notified eleven times:  in writing re repairs not done 5/10, 5/20, 6/30, 8/05, 9/06;  mid-June, 7/16, & 9/11 (in person),  & via plumber: 5/19, 5/31, 6/17 Nick wrote 5/10 that he would forward the pictures & info to Delbert the maintenance manager/vehicle mechanic & "I will make sure that these are all addressed as soon as possible."   7/01 he wrote that he would share the info in my 6/30 email stating that the problems "indeed need to be addressed soon."  He also wrote in the same email they would terminate my lease 63 days after I moved in IF the underground lines had to be replaced as they wouldn't continue to rent the unit until the issue was corrected.  He should have thought of that before he rented it in April.  He wrote several times that the issues should be addressed "soon."

They did NOTHING to assess or repair anything from 7/17 to 9/10 - 56 days.  Five Skies demanded full rent for August – no repairs done since drilling one window open 7/16. No tests requested or done to assess water problem; no appointments requested to address other issues.  No contact whatsoever.

I paid full rent August 15 (receipt: 0 balance, no late fees).  In Sept, I paid rent adjusting for August in accordance with the previous agreement in emails, lease, & §704.07(4) as specified in my letter of 9/15.  Rent was due on the 15th of month per Joey's 07/06/16 email and my notice of 8/05 which also requested the date that repairs would be completed. I received no response to the request for repair completion date.

§704.03(5)         Requirement of writing for rental agreements and termination.
Lease:  click here

My signed copy effective 5/01 is available in link on the left.
I never received copy signed by Five Skies.
                            Proof. In any case where a lease or agreement is not in writing signed by both parties but is enforceable under this section, the lease or agreement must be proved by clear and convincing evidence.
 Email 9/18  from Arendt (attorney)
 Notice to Vacate 09 28 16 from Arendt (attorney) references lease

 Nick's 4/12 email 

My email of 4/16


Both his 9/18 email & 9/28 "Notice to Vacate 5 days": references lease in both documents


with attached "lease"

with signed, attached lease (but without the information about the iron water problem that Nick failed to tell me
about that was necessary to make an informed decision, i.e., fraud.  

704.07(2)(a)1-4


Keep in a reasonable state of repair all equipment 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.

704.07(2)(a)4.4. 

 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.
§704.08          Check-In Sheet
                                                                                 
                                                                                            Not surprsing that Five Skies did not provide a check in sheet, is it?  

§704.14          Notice of domestic abuse protections. A residential rental agreement shall include the following notice in the agreement or in an addendum to the agreement:

NOTICE OF DOMESTIC ABUSE PROTECTIONS
(1) As provided in section 106.50 (5m) (dm) of the Wisconsin statutes, a tenant has a defense to an eviction action if the tenant can prove that the landlord knew, or should have known, the tenant is a victim of domestic abuse, sexual assault, or stalking and that the eviction action is based on conduct related to domestic abuse, sexual assault, or stalking committed by either of the following:
(a) A person who was not the tenant's invited guest.
(b) A person who was the tenant's invited guest, but the tenant has done either of the following:
1. Sought an injunction barring the person from the premises.
2. Provided a written statement to the landlord stating that the person will no longer be an invited guest of the tenant and the tenant has not subsequently invited the person to be the tenant's guest.
(2) A tenant who is a victim of domestic abuse, sexual assault, or stalking may have the right to terminate the rental agreement in certain limited situations, as provided in section 704.16 of the Wisconsin statutes. If the tenant has safety concerns, the tenant should contact a local victim service provider or law enforcement agency.
(3) A tenant is advised that this notice is only a summary of the tenant's rights and the specific language of the statutes governs in all instances.

Not provided in Five Skies lease or addendum.

§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: 
Lease excerpt  Five Skies cannot waive their legal obligation to make repairs, i.e., cannot limit abatement to pipe installation 

(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.

704.02:  Severability of rental agreement provisions. The provisions of a rental agreement are severable. If any provision of a rental agreement is rendered void or unenforceable by reason of any statute, rule, regulation, or judicial order, the invalidity or unenforceability of that provision does not affect other provisions of the rental agreement that can be given effect without the invalid provision.

Neither delivered nor maintained in fit or habitable condition
Limiting abatement to installation of pipes is void & unenforceable.
§704.45        Retaliatory conduct in residential tenancies prohibited  (also see:  Patrick Arendt, Attorney at Scofflaw/DATCP Complaint/Retaliation Eviction)
        PREPONDERANCE OF EVIDENCE
         
          9/03               Letter sent USPS Priority Mail to Nick Kedrowski w/situation,
                                 no  repairs done, deadline to complete

         9/11                Stairs built not to code & without permit replaced the metal
                                 steps.
          
9/15               My letter of 9/15 provided my September rent check paid in
                       accordance with 704.07(4)  re deprivation of "full normal
                        use" and in agreement with the previous "discount" (Nick's
                        term).   Rent had been paid in full on 8/15, receipt: 0 balance
                        due, no late fees per agreement to pay in sync with my social
                        security payment.
         
         9/16                Injured myself in a fall on replaced stairs not built to code &
                                  without permit
          
         9/20                Emails to/from Joey in re their bogus, no-show, no reschedule 
                       appointment; Arendt participated in that pretense by phone or
                       in person.
                       See Arendt Bogus 9/20 appointment on this site.

9/24               I met with Saratoga Bldg Inspector providing letter of 9/21
                        & photos  of stairs

9/24-9/25      No emails, texts, calls from or to Five Skies

9/26               Stairs repaired to code; no conversation

9/27               No contact from or to Five Skies

9/28               Notice  to Pay full rent or vacate in 5 days. In the letter Arendt
                       wrote attached to the Notice, was a sentence wholly unrelated
                       to rent monies that reveals their actual motivation: "It appears
                       that you are unhappy with the manner in which my client
                       manages its trailer park."

10/04              I requested information from Wood County Health Department

10/07              Plumber reappeared to correct the pipe to Health Dep't Code.

10/5 - 10/13  No emails, texts, calls from or to Five Skies

10/14           Arendt filed a false claim for my eviction though abated rent
                     per Wisconsin §704.07(4) was paid for September & adjusted for
                     August.  Tent for October was not due until October 15 to
                     support Five Skies fraudulent rental of the unit.
 

704.45(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  (see column on left)  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.  See 9/24 - 9/28 on left.

NOTE:
In the 9/28 Notice to Vacate, he wrote a sentence wholly unconnected to rent: 
           "It appears that you are unhappy with the manner in which my client manages its trailer park."
This sentence is important relative to Arendt's pretextual court filing for eviction 10/14 in which he claims that:
rent was not paid and in his reply to the DATCP he wrote that failure to pay rent was the "sole reason" for my
eviction.   Unpaid rent was the pretextual basis for both the 5 day notice & his false claim for my eviction filed
10/14.  

Arendt apparently has trouble with arithmetic & reading leases despite the expertise he claims. Joey is fully aware
that the due date for rent was changed to the 15th as evidenced by his receipt for August's rent. Joey signed the
five day notice.  Their incorrect calculation, if that's what it was, pads their notice with an additional $70.00.

Arendt was a participant in the bogus appointment of 9/20 claiming in his reply to the DATCP that the plumber had
a family emergency and was unable to attend.  Joey's email of 10:34 am says they are on site & talking with attorney Arendt.  7/03 Nick wrote that the cash-job plumber would "not return to the property."
Arendt was fully aware of the situation re water 9/20 via my letter of 9/03 to which he responded on 9/16.
My letter of 9/15 specifies abatement per Statute & previous agreement w/Five Skies.


Four documented facts when he filed the false claim for my eviction to support the Kedrowski's fraudulent rental of the unit and their subsequent disregard for virtually all Wisconsin §704, Uniform Dwelling Codes, Dep't of Health, & DSPS codes, and  failure to obtain required building permits:

1.  August rent was paid on 8/15 as agreed per Joey's email ; 
     Joey's receipt:  zero balance; 8/15, no late fees assessed.
     Joey offered the change of date & was fully aware of revised rent due date.
2.  Joey was fully aware that none of the repairs described in my initial email of 5/10
     had been completed. Apparently that was just fine with Arendt supposedly
     knowing the responsibilities of the landlord specified in Chapter 704 &
     specifically 704.07(4); having read my letter of 9/03; & participating in the bogus
     appointment of 9/20. He had received the documentation from the DATCP & the
     same documentation that I stuffed under his office door, he had time
     to withdraw and/or revise the S&C.  He chose to proceed with the false claim.
3.  Rent was paid on 9/15 when it was due with letter adjusting August's abatement
     in accordance with §704.07(4).
4.  Rent for October was not due until 10/15; Arendt filed claim for my eviction on
     10/14 claiming rent due on 1st and claiming late fee beginning on the 1st.  Joey
      knew that to be false but he signed his name swearing it to be true.
    
      Arendt  needs remedial tutoring in reading leases & computing late fees
      accurately but perhaps he thought that padding the Five Day Notice  with an
      extra $70  and the false claim for my eviction with an extra $215 was a good
      idea to benefit the scofflaw landlord.

(b) Complaining to the landlord about a violation of  §704.07 or a local housing code applicable to the premises. 

My letter of 9/03 (excerptadvised them I would file complaints with appropriate agencies & seek legal remedy after the deadline expired.  I contacted Building Inspector 9/24, stairs repaired 9/26, Vacate/Pay Notice 9/28.  I contacted Wood County Health Department 10/04; false claim for my eviction filed 10/14.
 §704.90(4b)(b)     A late fee of $20 or 20 percent of the monthly rental amount, whichever is greater, is presumed reasonable.
                                An operator may charge a higher late fee but has the burden of proof that the higher late fee is reasonable.
Both Five Skies & Arendt was all good with this although I cannot begin to imagine how either would "prove" that the additional 14% is reasonable.  Perhaps it was Five Skies excellent attention to the condition of the unit & immediate remedy of repairs necessary? That cannot be it. The glamour of the unit & the park? No, that cannot be it.   Their exquisite attention to Wisconsin's laws, Dept of Safety & Professional Services regulations, and the Uniform Dwelling Code? No, that's certainly not it. 

Nevertheless, they all jumped at the opportunity to pad their fraudulent 5 day notice & the Summons & Complaint to pad their claims with a few extra dollars. Law? Does it not apply to Five Skies?   Does Arendt not have a duty to explain the applicability of this law? Not in Wisconsin?  
Five Skies lease charged $5/day back to the day rent was due, i.e., the 1st according to the lease. Joey offered to change the date to sync with my social security check on 7/06. I accepted his offer on 8/05; paid rent on 8/15; received a receipt signed by Joey on 8/19: 0 balance due; 0 late fee.
                                      
Their lease could potentially result in late fees of up to $155 if rent was paid on the 31st of a month for a total of $555.00 given rent of $450/month, i.e., 34% of the monthly rental amount.    Given their neglect of repairs required by law, I can't imagine their justification for charging any late fee much less 34% of the total rental amount.  
 §710.15(2m)         Emergency shelter disclosure.
                                (a) Every lease shall state whether the community contains an emergency shelter.

                                     Not mentioned in lease; no shelter on premises.
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