tenant eviction
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tenant eviction (by glenis [WI]) Jan 17, 2008 10:37 AM
       tenant eviction (by ManateeAlley [FL]) Jan 17, 2008 11:30 AM
       tenant eviction (by Cathleen [WI]) Jan 17, 2008 11:38 AM
       tenant eviction (by Cathleen [WI]) Jan 17, 2008 11:47 AM
       tenant eviction (by Gary [MI]) Jan 17, 2008 11:52 AM
       tenant eviction (by glenis [WI]) Jan 17, 2008 12:41 PM
       tenant eviction (by Gary [MI]) Jan 17, 2008 12:51 PM
       tenant eviction (by Chris [CA]) Jan 17, 2008 7:35 PM
       tenant eviction (by kathy [WI]) Jan 17, 2008 8:13 PM
       tenant eviction (by billy button [MA]) Jan 18, 2008 8:15 AM
       tenant eviction (by ctlandlord [CT]) Jan 18, 2008 11:47 AM

tenant eviction (by glenis [WI]) Posted on: Jan 17, 2008 10:37 AM

State Specific Question About: WISCONSIN (WI)

tenant stoped payment on december rent and didn't pay january gave tenant letter to pay or vacate premises , didn't do either -filed small claims and eviction with court - do i need to know anything about court before i go? are my chances good? i relize the time of year isn't to good, but they only have a month to month agreement --207.118.xxx.xx

tenant eviction (by ManateeAlley [FL]) Posted on: Jan 17, 2008 11:30 AM

A stop payment CAN be prosecuted like a bad check, as intent to defraud. Call your States Attorneys Office with your information. --66.176.xxx.xxx

tenant eviction (by Cathleen [WI]) Posted on: Jan 17, 2008 11:38 AM

Have you checked out specific landlord/tenant laws, as per the link above. That may help you.

Are you just filing for eviction now and noting on the paperwork that you will return to court for money judgement, once they are out? Never try to get a money judgement without them getting out first. Otherwise you may have more rent owed, damages, additional sheriff's service fees, moving fees for their stuff left, insurance bonding, if you need to have them moved and much more. It will usually be more than you thought. If you have asked for a certain amount of money, ask if you can postpone that judgement until they are totally out.

As far as the court, be sure that you take all the paperwork with you, including your lease, copies of letters or emails sent, copies of notices left, etc.

VERY VERY IMPORTANT to take a copy of the sheriff's service paperwork to prove the time and date they were served. If you do not have this, go to the sheriff's office and get a copy. The judge in my county will NOT ever grant an eviction without knowing that they were served by the sheriff for it. The court should have a copy, but my clerk of court office rarely does.

Whether you win or not, depends on several factors, as follows:

You have proof of service.

They admit to owing the rent money or whatever caused them to be evicted.

If they fight it, the case may go to mediation, where a court official tries

to get parties to agree to a compromise.

I have never had to do this, so can't

give many details on it.

If they claim they are not guilty, it may go to a jury trial. I have not had that happen, but it is possible.

If they do not show up and you can prove they were served, you will usually get the eviction, as long as you are in court.

Be ready for a postponement to another court date. It happens a lot to me, even if totally prepared. Hopefully it will go quickly for you.

If you are given the eviction, you need to wait for the sheriff to serve the writ of restitution signed by the judge. The sheriff can have it for several days in my county before it needs to be served. It will cost you each time they attempt to serve it (here it is $40 each time plus mileage cost). When served the sheriff will give them so many days to move out. I was told by sheriff's dept that it is 10 more days, but not sure that is correct. If they still do not move out by the last deadline, in my county (and probably statewide), you need to make arrangements with a moving company to move their things and you have to pay for a secure place to store them, plus for the movers to move them. If you follow certain steps, you can move them yourself in most counties. Not sure what county you are in. You will need to get bonded by the sheriff in insurance to protect the tenant from damage to their stuff. This can be $200 plus, depending on the amount of insurance bonding they require. I think that you also need to pay to have everything itemized before it is moved. In addition you need to pay to have a member of the sheriff's department to be there to physically haul the tenants away, if they don't leave on their own and also to be there the entire time of moving, so nothing is damaged. You also need to It is a very costly situation. I would suggest that you avoid it if possible, but never let the tenant be aware of what they can do to stall you.

I really hope that they get out of the unit asap. That is the best thing. You can always pursue them later for money damages, but if you need to move them out, it gets very expensive.

Good luck. Feel free to post again, if you have more questions.



tenant eviction (by Cathleen [WI]) Posted on: Jan 17, 2008 11:47 AM

I meant to say you would need to get bonded by an insurance company to indemify the sheriff and the moving company, not get the bond at the sheriff's office, as I stated above. An insurance agent needs to do that.

I was starting one sentence and then switched, towards the end there. I have no idea what I was starting to type, before I started another sentence.

You also want to review the Wisconsin tenant laws above and re read your lease and other paperwork made with them, to be sure your own lease doesn't specify anything that may hurt you in court, if it even comes up.

Cathy --207.190.xxx.xxx

tenant eviction (by Gary [MI]) Posted on: Jan 17, 2008 11:52 AM

You can't evict in winter is a myth.If you quit making your car payments they would repo your no matter what time of year it is. --66.255.xxx.xx

tenant eviction (by glenis [WI]) Posted on: Jan 17, 2008 12:41 PM

thank you, you were very informative --207.118.xxx.xx

tenant eviction (by Gary [MI]) Posted on: Jan 17, 2008 12:51 PM

Just an additional thought court should be cut and dried.Do you have a lease? Yes.Did tenants agree to pay x amount? Yes Did they pay you? NO Are they going to pay you? No Then you have ten days to vacate premisis.This is a bit simplified perehaps but this is the gist of what your going to say in front of Judge. --66.255.xxx.xx

tenant eviction (by Chris [CA]) Posted on: Jan 17, 2008 7:35 PM

An icy cold hand touched my spine when I read about your "letter". PLEASE say you used the legal Notice and did not write up anything yourself!

There are more things to do. Get in touch with a local LL Association pdq. If necessary, hire an eviction law firm. Using an invalid notice might mean your case could be still born.

How much was the stopped check? Call the Bad check Restitution Hotline in your county (ask the Sheriff's community relations / the D.A.'s office for a contact number).

If necessary, use the proper notice. And borrow or buy NOLO's SCC book.

You shouldn't walk into court not knowing what this is all about and how the courts operate. Educate yourself and attend the next UD (unlawful detainer) hearings, if possible. It will be an eye opener. --203.144.xxx.xxx

tenant eviction (by kathy [WI]) Posted on: Jan 17, 2008 8:13 PM

My best tip - in evictions, small claims or rent and damage courts - say as little as possible. Sit still and be quiet. Answer only questions asked by the commissioner, do not offer any advise or comments, do not engage in any conversation with the tenants, do not try to convince or correct the tenants comments. The less you say the better. The tenants, however, will have allllll kinnnnnds of comments and they usually hang themselves. !!!!!!! --75.133.xx.xx

tenant eviction (by billy button [MA]) Posted on: Jan 18, 2008 8:15 AM

it sounds like your first eviction.i think we should have an atty for first eviction.too easy to make stupid mistake and lose case.i would try for a landlord tenant atty.from a local landlord group or a landlord friend.or maybe someonre here knows someone.or yellow pages shows by specialty in my hood.good luck. --208.58.x.xx

tenant eviction (by ctlandlord [CT]) Posted on: Jan 18, 2008 11:47 AM

go to court a few times just so you see how it is done. , or to pick a good attorney.

and so it is less intimidating. --64.148.xx.xx

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