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Sean William O'Neill

Sean O'Neill’s Answers

82 total


  • In Wisconsin, can landlord wait 'til lease ends, and go after rent for rest of month after tenant broke lease w/28 days' notice?

    Tenant notified (in writing) landlord 28-30 days prior to moving out, gave definite move-out date, gave landlord keys/ parking pass/ laundry card, etc. (landlord's property), returned leased premises all nice & clean on the 6th day of the month, a...

    Sean’s Answer

    This is a bit of a quandry because if rent is due the first, you really should give notice before the first that you will be vacating the month after. Notice of vacating 6 days into the month does create a potential problem, but I think you are in good shape. First, landlord does have a duty to mitigate and find a new renter and he has a burden of proof on that. Second, the timing is highly suspicious. First thing, landlord didn't indicate that July 6th wasn't acceptable and you would be on the hook for July. Second thing, why sue in April of 2014?? This smacks of something we call "laches" which is a fancy way of saying you can't sit on your rights. You must pursue your lawsuit in a timely manner. Please be advised this landlord must sue you and get a judgment to get any money from you. Don't make it easy. Show up to court. Follow the rules and what is told to you about returning on or answering the complaint. I have had some landlords report on people's credit. Put that in dispute immediately. Good luck.

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  • What's going to happen to me

    Well me and my two friends stole some stuff from a store and we got caught the cops came to my house and told me I would have to pay a 40$ restitution and go to court I'm only 14 but I am also under turancy can you tell me what might happen I'm s...

    Sean’s Answer

    You are in that much trouble. You qualify for lawyer and have him or her
    request informal supervision or a consent decree. Get the restitution paid
    to increase your odds.

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  • Divorce. Does a husband need to pay maintenance to a spouse forever or for half the length of their marriage?

    Is there a magic # in WI? 14 ,15, 16 years, etc...

    Sean’s Answer

    There is no formula other than the aplicable statutory provisions found in
    CH 767 of WI Statutes.

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  • My dad just received a document stating "Judgement Notice of Entry". What can he do with that?

    His issue is with a tenant who hasn't paid rent for a few months now. Can he evict the tenant or what are his next steps of evicting the tenant?

    Sean’s Answer

    He needs to sue in small claims for eviction and get writ of eviction. This is the document the Sheriff needs to force him out. I am somewhat confused as to why he would sue the tenant presumably for back rent and not also seek eviction. Something appears amiss.

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  • My dad just received a document stating "Judgement Notice of Entry". What can he do with that?

    His issue is with a tenant who hasn't paid rent for a few months now. Can he evict the tenant or what are his next steps of evicting the tenant?

    Sean’s Answer

    He needs to sue in small claims for eviction and get writ of eviction. This is the document the Sheriff needs to force him out. I am somewhat confused as to why he would sue the tenant presumably for back rent and not also seek eviction. Something appears amiss.

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  • Deferred Judgment VS Deferred prosecution agreement (Wisconsin)

    What is the difference between deferred judgment and deferred prosecution? If completed successfully do they have the same outcome? At anytime are you a convicted criminal?

    Sean’s Answer

    • Selected as best answer

    There is a very significant difference. In a deferred prosecution the DA holds the case open while you complete the agreement. If you complete it the case is dismissed. The con to going this way is you remain on bond until the agreement is complete. So any violations of bond is a bail jump. With deferred judgment you plead guilty up front before the judge and the judge holds open entry of conviction pending completion. The pro is you are off bond but the huge con is if you fail the agreement. In a deferred prosecution you still have your right to a trial and all your defenses. In a deferred judgment that is all done. You already pled guilty. All that needs to done at the point is a sentencing. That is why I favor deferred prosecutions and DAs like the deferred judgments.

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  • My lease has expired. It said this lease is not automatic.my lanlord says I have to pay until she rents it out againis thistrue

    The lease ended in September. I assume it is a hold over lease even though my landlord nor I gave any kind of notice to this. I just continued to live on the property. I gave my 60 day notice that I would be moving out at the end of January. Now...

    Sean’s Answer

    What the landlord is shoveling is categorically untrue. You are on a month to month and can legally vacate upon 30 day notice. You are giving 60 which is more than required. You are not responsible for the landlord'sues with rerenting. Pay him or her no other money. Clean up and take pictures of the place before you leave. Landlord has 21 days to return any security deposit.

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  • Can I get him out of jail if he had a warrant?

    Tonight my fiance was taken into custody due to a warrant from birthing costs that he had forgotten to maker payments on. It is a two month hold and seeing as how we have another baby on the way, we can not afford this right now. I may be able to ...

    Sean’s Answer

    Court is looking for money not to hold your fiancee. Its a losing proposition for the county to both hold him at $50.00 per day cost and get no money. It depends on the amount of arrearage and the efforts to get it paid, but $800.00 is a good amount and it would be rare if a court would thumb its nose at that and not release him. He would be entitled to a public defender because of the jail issue. His income is zero if he has no ability to work.

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  • Prime Cable Contractor will not return money

    My son works for a Prime Cable Contractor. He brought 2 trucks from them, charged $6,000 which they took out of his invoices. He constantly has asked for the titles. Now the trucks are paid, but they cannot be driven anymore because the tags are ...

    Sean’s Answer

    It is a crime in Wisconsin to sell encumbered property without disclosing the lien. Its a felony in fact. Have him contact the District Attorney and see if they would be of any help.

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  • Does my ex have rights?

    I am currently pregnant and was never married to her father, he will not be on the birth certificate, does he have rights to have visitation two hours away?

    Sean’s Answer

    If you get governmental assistance for the child, you will be asked to identify the father for child support purposes. The counties want the men responsible for these children paying support. I am unsure what happens if you fail to identify the father. If a paternity action is started, he in fact could request visitation right and might get them, but distance will play a factor.

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