UPDATE on eviction (by Cat [WI]) Jan 19, 2021 12:03 AM
UPDATE on eviction (by Dee Ann [WI]) Jan 19, 2021 12:34 AM
UPDATE on eviction (by Steve [MA]) Jan 19, 2021 6:27 AM
UPDATE on eviction (by Richard [MI]) Jan 19, 2021 6:41 AM
UPDATE on eviction (by Jkj [MA]) Jan 19, 2021 10:00 AM
UPDATE on eviction (by Doogie [KS]) Jan 19, 2021 10:48 AM
UPDATE on eviction (by MikeA [TX]) Jan 19, 2021 11:27 AM
UPDATE on eviction (by Jkj [MA]) Jan 19, 2021 11:33 AM
UPDATE on eviction (by Cat [WI]) Jan 19, 2021 12:22 PM
UPDATE on eviction (by Cat [WI]) Jan 20, 2021 1:31 AM
UPDATE on eviction (by Cat [WI]) Posted on: Jan 19, 2021 12:03 AM Message:
My eviction, after tenant was a hold over is a week from today.
Thought I would try calling in so I can get an idea of how evictions are going in WI. After being told twice that I was the first one in the meeting, I realized DANG IT, MLK day so courts are not open. My only chance to listen into to possible evictions which are only on Mondays, before my case.
After not hearing from the Sheriff's Dept on service made or seeing it posted to my court case, I called the administration office and she told me that they tried twice so far. Could not find her home. She was going to send someone out there tonight to maybe catch her then. I am sure if she is there, she would not answer the door.
I asked another tenant to let me know if they see her pull in and about an hour later the tenant calls me and says she just pulled in but normally does not stay long. I thanked her for letting me know and called the sheriff's dept. Told them she was home at the address I gave them, but not sure how long she would be there. Called back later and was told they didn't have an officer free, to get someone out there with the paperwork. DARN IT. I wanted her served before she disappears or the new administration comes in and puts even more restrictions on what we can do.
Tenant did say that the tenant in question, seems to possibly be moving out. Said she has a huge pile of trash by the garbage bin.
Evicted tenant to be, already admitted to changing locks and I don't have a key to get in. I am hoping she will take her lock back off and put mine back on, which she claims does not lock. I doubt that will happen, but she may be too money hungry to pay for a lock and not take it with her. Never said a word about the door not locking in the 22 months she lived there.
Now my dilemma. If the sheriff's dept does not get service, I can't get proof of service, even though I paid $85 for service. If she has completely moved out, I may not officially be able to get my eviction as they would not be able to find her to serve her. I would be happy if she moved out, but would have loved to have that eviction on her record.
I am thinking I may need to have my money damages ready to go early, in case the eviction, due to holdover, maybe become about money damages which I also sued for, to be determined when she is out. Of course that depends on if the unit is empty and I can get in there tomorrow so I can get the paperwork done and submitted prior to court.
I am going to stop over there tomorrow afternoon and take photos of the trash, to show the judge, if needed at some point. I am also hoping to look in the window to see if it looks like it may be empty. She did tell me about a week and a half ago, that she would be moved out in a week. I hope she is out or soon will be out but if so, I would not be able to get service on her, so what happens to my eviction case? My guess is dismissed for lack of service. I will still pursue money damages though. She owes $236 for November plus late fees, $600 for December plus late fees and through Jan 6 at a regular daily rate and double rent per WI law for holdover tenants from the 7th until I know she is out (tomorrow at the earliest). This does not include a locksmith to get me into the place, anything I need to clean, repair, etc.
Do I get to add the sheriff's fee onto my list for money damages, since I already paid it? Anyone else evict a tenant and have them move out before getting served and before the court case? What happened to your eviction, if they moved out before getting served?
--50.105.xxx.xx |
UPDATE on eviction (by Dee Ann [WI]) Posted on: Jan 19, 2021 12:34 AM Message:
Wish I had the answers for you Cat.
But thought I read we were not allowed to charge late fees during COVID?
Let us know what happens next. --198.54.xxx.xxx |
UPDATE on eviction (by Steve [MA]) Posted on: Jan 19, 2021 6:27 AM Message:
I'm surprised to read that in order for the service to be valid that the sheriff has to physically serve her in hand. Even in tenant friendly MA, we don't have to do that. All we need to do is have either a sheriff or a constable (who is authorized to serve in that city of town) provide a sworn statement with the date, time & manner the papers were served. --71.174.xxx.xx |
UPDATE on eviction (by Richard [MI]) Posted on: Jan 19, 2021 6:41 AM Message:
Ask the court if the sheriff can post on the door in lieu of personal service. In Michigan when tenant dodges service, for a small extra fee the sheriff used to be able to do this and it satisfied the court. I did not find out about this until I asked the court clerk.
Also, you might stake out the place and follow the tenant to their new place or where they work, if they work. --75.7.xx.xx |
UPDATE on eviction (by Jkj [MA]) Posted on: Jan 19, 2021 10:00 AM Message:
I looked this up, here’s what I found, “ A landlord may serve the tenant personally with these notices or by leaving a copy with someone in the household who is at least 14 years of age. If no one is available, the notice may be posted on the unit’s door or left in a conspicuous location and mailed to the tenant. Proof of service must be shown.
All notices should contain the amount of the rent that is due or reference to the specific lease provision that has allegedly been violated, and that the tenant either has the opportunity to stop the lease violation or not.” Not sure why the sheriff thinks they have to serve it “in hand”, maybe it’s a new law due to COVID, I don’t know. But perhaps you should hire an eviction attorney if you’re not familiar with the WI eviction process. --174.196.xxx.xxx |
UPDATE on eviction (by Doogie [KS]) Posted on: Jan 19, 2021 10:48 AM Message:
I'm surprised you can't hang on the door either. Here, they don't even try to knock. Post on the door, take pic and leave. Process server can also do it here. Don't have to wait on the sheriff. Magically, those guys are always busy. Evictions are their last priority. --70.179.xxx.xxx |
UPDATE on eviction (by MikeA [TX]) Posted on: Jan 19, 2021 11:27 AM Message:
Jkj, two kinds of notice. The one you are referring to is the notice that the lease has been violated. The notice that Cat is referring to is the court notice to appear. In most stats you can post the violation notice but the notice to appear comes from the Judge and has to be served by the Sherriff, Constable, or Bailiff that serves his/her court. --45.17.xxx.xxx |
UPDATE on eviction (by Jkj [MA]) Posted on: Jan 19, 2021 11:33 AM Message:
Mike, gotta ya, I didn’t pick up on that. --174.196.xxx.xxx |
UPDATE on eviction (by Cat [WI]) Posted on: Jan 19, 2021 12:22 PM Message:
Yes it is true about the regular violation notices. Here we can post on the door if we can't give to the tenant directly or to someone 14 or over. Her son is only 12 and is never there without her. If posted on the door, we also need to send a copy by mail but it can be regular mail.
The notice for court has to have a signature by the tenant when the sheriff's serves it, as proof that the tenant got notice of it. If it is not served with the sheriff giving the needed info to the court/plaintiff, you can't get a writ which means you can't get an eviction in court. In the past, the court has messed up and not had a copy even though I had gotten one from the sheriff. I ALWAYS make a copy now and take to court so I can show the judge,if it is not in their records. Saved me once from a long process and going back to court. Make a copy of EVERYTHING, you think you may need. When filing eviction here, we have to take 3 copies of everything in, when we file or the court charges $1.50 a page or something outrageous, to make them for us. A copy has to go to the clerk of court to be sent to tenant, a copy has to go to the sheriff and I get the 3rd copy.
I will be going by there this afternoon, on my way to run errands and will see if I can see in the window if she is not there. Hopefully she will take all her curtains with her, so I can see in. One was missing so I could see in there last week.
Thanks for the reminder Dee Ann. The tenant never sent a declaration to me and I know the state mandate, to not charge late fees, ended on Dec 31, I believe. I will have to check it out again. If I can't get a definite answer, I will just ask the judge for late fees, if I am allowed to get them and leave the decision up to him. --50.105.xxx.xx |
UPDATE on eviction (by Cat [WI]) Posted on: Jan 20, 2021 1:31 AM Message:
I stopped over at the apt building today and the garbage and recycle bins are full but at least, so far, everything is in them and not all over around themI took a photo of them, in case she doesn't set them out by the road for Friday pickup. I doubt she will.
I looked in the window and there are some packed boxes in the entry way and tracks in her driveway. Just wished the sheriff dept could serve her the eviction, so that was taken care of.I wished I could see in there better to see if the living room furniture, etc is still in there. I will check again in a few days. --50.105.xxx.xx |
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