Archive for the ‘DIY Evictions’ Category

Eviction Notice Matrix

Thursday, October 22nd, 2009

After reading the “5-Day, 14-Day or 28-Day, Which notice do I use?” post, AASEW Attorney Heiner Giese suggested I should have used a more visual approach.  As usual Heiner was right.

Eviction Notice Matrix
Type of Agreement

Problem

Month to Month

Lease (1 year or less)
Non Payment of Rent 5-day or 14-Day 5-Day*
Non Payment of Deposit, Late Fees or Other charges 14-Day 5-Day*
Violation of Rental Agreement 14-Day 5-Day*
Drug or Gang Activity Letter from Police 5-Day Drug/Gang 5-Day Drug/Gang
Notes:

  • If you use a lease for a specific term you must use a five day notice for the first violation during a lease period. This allows the tenant to correct the problem and stay. Now, if they subsequently violate the rental agreement during the same term you can use a 14 day that does not allow them to correct the problem and continue living there.
  • If a month to month tenant doesn’t pay the rent you can simply give them a 14-Day Notice and demand they leave, without the option to pay. The choice is yours.
  • Leases for more than a year requires a 30 day notice with right to cure unless otherwise stated in lease.

Posted in 5-Day Notice, DIY Evictions, Evictions | 2 Comments »

Properly Serve The Notice or Lose the Eviction

Wednesday, October 21st, 2009

Improper service of the notice is one of the most common causes of an owner losing an eviction.

There are three basic methods to properly serve a notice. Do it wrong and lose the eviction case.  The proper ways to serve the notice are: (more…)

Posted in 5-Day Notice, Collections, DIY Evictions, Evictions | No Comments »

5-Day, 14-Day or 28-Day, Which notice do I use?

Monday, October 19th, 2009

Select The Proper Notice (DIY Eviction Series)

All eviction actions begin with a properly served notice to vacate. In Wisconsin these are typically 5, 14 and 28-day notices. If you use a rental agreement or lease with a longer notice period the 28-day notice is replaced by a notice with the length of time contained in the lease or agreement, often 45 or 60 days. The type of notice you will use depends on the reason that you wish the tenant to vacate and the type of rental agreement that you have with the tenant.

So what notice do you use?

(more…)

Posted in 5-Day Notice, DIY Evictions, Evictions | 2 Comments »

About the DIY Evictions Series

Monday, October 12th, 2009

Years ago, maybe 1995 or so, I wrote the first draft of a guide to doing an eviction yourself. It has been updated many times since then, with lots of input along the way from users and experts alike.

I am once again in the process of updating the instructions to fit the changes that have occurred over the past couple of years  years.  While at it I am consolidating everything on a new server and this site.

So over the next couple of weeks I will have the series updated and posted here.  You can subscribe to the RSS feed to be notified as they are posted.

Posted in 5-Day Notice, DIY Evictions | No Comments »

DIY Collections & Evictions – Overview

Sunday, October 11th, 2009

The following is a basic outline of the steps required for an eviction. These instructions and forms are optimized for Milwaukee County, however most are valid statewide.

Collections & Evictions Overview

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Disruptive tenants only get worse the longer they are allowed to act poorly without intervention. A tenant who is falling further behind in their rent is less likely to be able to pay off their balance as time goes on. Owners who succeed address the problems quickly.  Either the tenant resolves it, moves or the owner evicts.

The problem for a lot of owners is they are intimidated by or unsure of the process.  Here is an overview / outline

(more…)

Posted in 5-Day Notice, Collections, DIY Evictions, Evictions | No Comments »

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