retaliatory eviction?

[hyperaktive33]

my daughter is renting a mobile home with option to buy....and there was a bad mold issue that the landlord said was not his responsibility because its a rent to own but the health department said otherwise and made them fix it. the next day after they were served the orders to fix it they served her with a 28 day notice to terminate lease and now have filed for eviction in court. She signed a 2 year option to buy paid 3500$ down in march 08 that paid her up until january 09 for the other payment. also we live with her and the same day they served the 28 day notice they started harassing us too

 

[jacksgal]

An eviction suggests that the tenant did something, lik enon payment of rent, that is in violation of rental agreement. Since there is a court date set I presume what did tenant do? If nothing then there is no case

 

[hyperaktive33]

no the day after they got the orders from the health department they served her with a 28 day notice that doesnt even pertain to her with no reason for termination and then they offered her 1000 to just move so they didnt have to deal with the mold issue and as advised by a legal friend she turned it down because that was a slap in the face so then they filed for eviction stating that she doesnt follow rules ....which is bs ......i just met with the health department this morning and she is behind us 100% but in wisconsin at an eviction hearing if you dont have a lawyer its hard to get your evidence in so i was informed today to have all the evidence in front of the judge way before we even get to court and then they have no grounds other than retaliation i am hoping at least ...thanks for replying

 

[jacksgal]

Ok what were grounds for 28 day notice to vacate? Was there a long term lease or was it month to month? Yes get all your ducks in a row. Have a copy of your lease or rental agreement any reports from Health Department, the notice to vacate, any emails or letters from Landlord in short everything even if you think it unrelated. Also just because you cant have an Attorney doesnt mean you cant consult one:yes:

 

[hyperaktive33]

the 28 day notice was to terminate the lease with no reason on it but she signed a year lease and is paid in full until jan 2009 they used it to try and scare her thinking she is just a dumb 18 year old with no one to help her ....some friends of mine went to court for eviction here a couple weeks back and the judge didnt even let them talk because they didnt put themselves down as witnesses wisconsin is crooked like that against the lower class

 

[jacksgal]

Unless theres a breach she cannot break lease! Furthermore if there is a leae termination the terms have to be acceptable to all parties. You might give Landlord conditions for early termination. Like full return of deposit plus one or two months rent. Whatever terms you agree to (include the drop of court action) get in writing signed by all parties. If court action continues take agreement with you. Dont take Landlords word court action was dropped check court docket