Oct 08

There is a lot of frustration among owners with changes to the eviction procedures in Milwaukee County.  It seems something changes every month, all to the detriment of owners who just want to get rid of freeloading tenants.

The Apartment Association wishes to quantify what problems are of the greatest concern to owners then see what can be done to correct the problems.  Some will be reasonably easy to fix, some not so.

You can post your comments here or if you are a bit shy email me directly at: Tim@ApartmentsMilwaukee.com

I’ll start the discussion:

The law says ‘the court can’t issue a stay on eviction, without the tenant paying all past due rent.’ *  But the courts give out stays like neighbors give out candy on Halloween.

* Obviously laws are not that concise, what it actually says is:

799.44(3) Stay of writ of restitution. At the time of ordering judgment, upon application of the defendant with notice to the plaintiff, the court may, in cases where it determines hardship to exist, stay the issuance of the writ by a period not to exceed 30 days from the date of the order for judgment. Any such stay shall be conditioned upon the defendant paying all rent or other charges due and unpaid at the entry of judgment and upon the defendant paying the reasonable value of the occupancy of the premises, including reasonable charges, during the period of the stay upon such terms and at such times as the court directs. The court may further require the defendant, as a condition of such stay, to give a bond in such amount and with such sureties as the court directs, conditioned upon the defendant’s faithful performance of the conditions of the stay. Upon the failure of the defendant to perform any of the conditions of the stay, the plaintiff may file an affidavit executed by the plaintiff or attorney, stating the facts of such default, and the writ of restitution may forthwith be issued.

May 26

I was looking over the web stats for the free online Wisconsin eviction forms provided by the Apartment Association of Southeastern WI

In the past 30 days 2506 notices were generated. In the 30 days preceding that 1904 notices generated. The number of unique visitors was up 15.5% from last month, while the number of forms printed were up 24%

May 6th and May 11th were the two highest volume days ever.

So is this an indication that tenants are having more trouble paying rent or just more owners using the site? I do not know.

Oct 22

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.
Oct 21

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: Continue reading »

Oct 19

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?

Continue reading »


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