NationalEvictions Blog – Learn Through Industry Articles about Legal Services, Laws and the Eviction Process.

High eviction rates, in Wisconsin, are getting statewide attention.

High eviction rates, in Wisconsin, are getting statewide attention.

  • Posted: Dec 22, 2018
  • By:
  • Comments: 0

High eviction rates, particularly in southeast Wisconsin, are getting statewide attention.

 

The Wisconsin Policy Forum has issued two reports, one looking at the issue statewide and another taking a closer look at evictions in Milwaukee, with proposals for solutions.

Meanwhile in Racine, Continuum of Care, a countywide umbrella organization that works with several homeless aid and prevention groups, has been collaborating with area partners to develop a strategy for addressing evictions and helping people find stable housing. This follows a four-day series The Journal Times ran in July on evictions in Racine.

NationalEvictions.com – Information for Landlords and Tenants on Evictions. Defending them and Filing them. Read and learn your rights!

A complicated picture

In its statewide analysis of evictions, the Policy Forum came to several findings. For example, while many equate eviction rates with poverty, the Policy Forum found the out of the state’s top 10 counties for highest eviction rates, “half had poverty rates above the statewide average and half below.”

In September, the Policy Forum analyzed rent burden, which is when rent takes up more 30 percent of a household’s income, across the state. It found that Racine County, which has the highest eviction rate, was only seventh in the state for percentage of the population that is rent-burdened.

 Racine isn’t the most rent-burdened county in the state, but it’s close

In its eviction analysis, the Policy Forum found no direct correlation between rent burden and eviction rates statewide. In fact, only four counties had both eviction and rent burden rates above statewide averages: Racine, Kenosha, Milwaukee and Rock counties.

One hypothesis for why some counties with a high percentage of rent-burdened households did not have eviction rates was because they had large student populations, such as in Dane, Eau Claire and La Crosse counties.

While La Crosse’s eviction rate is not as high as other counties, a recent La Crosse Tribune report investigated why the eviction rate has increased by 40 percent since 2012. Stephanie Gohres, lead case manager at The Salvation Army in La Crosse, attributes the increase in evictions to lack of affordable housing and Downtown revitalization projects that price families out of their homes through an increase in rent. The organization helped 50 households to avoid eviction through budget counseling and financial aid in the past year, Gohres said.

 




Milwaukee

Milwaukee was the setting of the Pulitzer Prize-winning book “Evicted” by Matthew Desmond, the founder of The Eviction Lab. Although “Evicted” was published in 2016, Desmond told a Milwaukee media outlet in May that the crisis “remains unchanged.”

The Policy Forum facilitated five meetings with stakeholders — organizations that assist households to prevent or recover from evictions — to study the extent of the problem and propose solutions to promote housing stability.

While Milwaukee and Milwaukee County’s eviction rates are not as high per capita as Racine’s, they do evict the highest number of people in the state. They are also, of course, the most populated county and municipality in the state. According to the Eviction Lab’s data, the City of Milwaukee issued 5,687 evictions and Milwaukee County issued 6,313 evictions in 2016.

Those rates varied between different census tracts. The Policy Forum reported that in 2016 in some census tracts more than one in ten households was evicted.

After examining the situation and the resources available, the Policy Forum offered five improvements that could help reduce evictions:

  • More coordination of eviction prevention services in Milwaukee so that organizations working on the issue can address the problem collectively.
  • Establishment of a “one-stop shop” for both tenants and landlords for information and assistance.
  • More financial assistance for temporary situations when someone is unable to pay their rent due to an unexpected expense.
  • Increased use of mediation services and more legal representation for tenants.
  • Better awareness of eviction prevention resources in the community.

 




Racine

Racine’s “one-stop shop” for housing support, Continuum of Care, has been meeting with stakeholders, including representatives from the city and the county, since August to formulate its strategic plan for 2019.

“We’ve known that there’s been a problem for a number of years,” said Continuum of Care President Ron Thomas. “But it’s definitely something that needed to be addressed, and obviously there’s a lot of complexities with it.”

The plan is scheduled to be presented at a meeting that is open to the public from 9 a.m. to noon on Jan. 18 at the United Way of Racine County office, 2000 Domanik Drive, Racine.

Continuum of Care’s philosophy is about addressing people’s issues holistically — looking at how housing and homeless intersect with health, education and economic realities.

“We know the eviction situation ties into economics, ties into income, as well as health care, hunger, these types of things,” said Thomas. “We feel that all of these things are part and parcel, and all of these things have to be addressed.”

Some of the broad issues Thomas said they focused on while developing the strategic plan were how to break the cycle of evictions as well as stereotypes surrounding eviction, poverty and homelessness and how they could better administer funds for rental assistance.

One area Thomas said local homeless advocates hope to improve this year is to receive more financial support for rental assistance. With state and federal funds for such programs dwindling, Thomas said he would like to receive more local contributions.




“We know (federal and state funds) are necessary, but I’d like to see on a communitywide level that we recognize the challenges that we have,” said Thomas.

Tags: , , ,
Guide to the Eviction Process in North Carolina on NationalEvictions

Guide to the Eviction Process in North Carolina on NationalEvictions

  • Posted: Dec 03, 2018
  • By:
  • Comments: 0

Guide to the Eviction Process in North Carolina on NationalEvictions.com

The eviction process in North Carolina is a relatively straightforward process. Both landlords and tenants are expected to conform to the Chapter 42 of North Carolina General Statutes.

The statutes lay out the procedures landlords must follow when it comes to evicting a tenant. If you fail to adhere to these laws correctly, you might set yourself up for trouble.

Renters in North Carolina can be evicted for a number of reasons. The most common ones include:

  • Failure to pay rent
  • Breaching terms of the lease agreement
  • Refusing to leave the property after the expiry of their lease agreement
  • Engaging in a criminal act such as drug trafficking

If the tenant has committed any of these lease violations, you may legally remove them from the leased premises.

Eviction Notices in North Carolina

Serving an eviction notice to the tenant is the first step in evicting them. The type of notice to serve the tenant must be relevant to the violation committed. For non-payment of rent, you must give the renter a “10-day Demand for Rent.”

Simply put, this notice allows the tenant a maximum period of ten days to either pay rent due or vacate the NC premises. If the tenant fails to pay rent within this time frame, you can go ahead and file an eviction lawsuit against them.

You can also evict a “holdover” tenant. This is a tenant who stays beyond their term without renewing their lease agreement. The type of notice to serve a holdover tenant is dependent on the term of the lease. If the lease was:

  • Weekly – serve a 2-day notice
  • Monthly – serve a 7-day notice
  • Yearly – serve a 1-month notice

These notices are also referred to as “unconditional notices to quit.” This means that the tenant has no other option but to leave. In other words, there is no option to “cure” the violation. If the renter doesn’t move out within the time specified, you can go ahead with the eviction process. You don’t need to serve them with another notice.

It’s important to note that after the lease term expires and prior to filing a complaint, you must not accept any payment. If you do, the previous term of the tenancy will renew automatically.

Aside from non-payment of rent and a holdover tenant, you can also evict a tenant in NC who violates other lease terms. For example, a tenant who:

  • Brings in an unauthorized tenant
  • Keeps a pet when the lease is against it
  • Repeatedly disturbs neighbors, or
  • Damages the rental property

Additionally, according to N.C. Gen. Stat. § 42-11, a tenant can be charged with a misdemeanor for intentional or willful damage to the rental unit.

In North Carolina, you aren’t required to give the tenant a chance to remedy the lease violation. You can file an eviction lawsuit against the tenant immediately after knowledge of the violation.

Lastly, landlords can also evict a renter engaging in criminal activities like drug trafficking. Here, North Carolina eviction laws allow for an expedited eviction. Also called “Article 7 eviction,” you may file an expedited eviction against a tenant, a tenant’s household, or a tenant guest or guests engaging in drug trafficking and other criminal activities within the rental property.

Summary Ejectment

After serving the tenant a proper eviction notice and the tenant has refused to move out of the rental property, the next step in North Carolina is to file a Summary Ejectment. Even with solid grounds to evict a tenant, it’s illegal for you to use “self-help” eviction methods.

A self-help eviction is when you retake possession of the property without using the right eviction procedures. Here are a few examples of things that you should never do as a landlord:

  • Intimidate or harass your tenant
  • Turn off their utilities
  • Remove the tenant’s belongings prior to an official eviction
  • Lock the tenant out of the property

You need to file the Summary Ejectment in the appropriate court. Typically, in North Carolina, it can either be a district court or a small claims court. For a quick settlement of your case, it’s recommended that you choose the latter. That being said, damages sought in a small claims court shouldn’t exceed $10,000. If they do, you should file the Summary Ejectment at the district court instead.

A Summary Ejectment is filed against a renter who has failed to do one of these two things: failed to comply with the requirements of the lease agreement, or has failed to surrender possession of the leased premises after their lease term has expired.

When completing the form, you are required to state the reason for the eviction in NC as well as the remedies you are seeking. Generally, an eviction lawsuit seeks two remedies:

  • Getting back possession of the rental property, or;
  • Getting delinquent rent from the tenant

 

Summons

Once you’ve filed the case and paid the filing fee, the court will issue you a Summons. This will then be served to the tenant by the county sheriff or an official of the court.

A Summons legally informs the renter that action has started. The document tells the tenant when and where the eviction case will be heard.

The North Carolina eviction laws clarify that the sheriff may serve the Summons either in person or by mail within five days of its issuance. The court hearing occurs exactly 14 days after the summons is issued.

The tenant has two options after receiving the Summons. One option is to choose to contest the removal by providing relevant defenses. The other option is simply to vacate the premises.

 

 

The Court Hearing

You must be present at the hearing in order to win the eviction. The tenant must show up in order to contest the eviction. You should bring as much evidence as possible to strengthen your case. For example, you should remember to bring:

  • A copy of the NC lease agreement
  • Demand notice you sent your tenant for the rent owed
  • Proof of nonpayment of rent

The renter’s presence isn’t necessary at the eviction hearing if:

  • The renter is willing to vacate the premises and doesn’t want to oppose the eviction
  • You are merely seeking possession of the leased premises

At the hearing, the judge will give you an opportunity to present your case first. After you are done presenting your case, your tenant will similarly be offered a chance to state their case. To help win the case, the tenant may bring the following to court:

  • Written communications, if any
  • A witness to verify what the tenant is claiming
  • Receipts for rent to prove payments have been made, and/or
  • Photos of the premises (to show poor conditions).

Other common tenant defenses in NC include:

  • You used “self-help” eviction methods.
  • The rental property doesn’t adhere to North Carolina housing codes.
  • If, for criminal activity, the tenant had no knowledge of the activity or made reasonable attempts to prevent it.
  • You discriminated against the renter. That is, you based the eviction on the renter’s national origin, familial status, disability, age, race, sex, or religion.
  • The notice was improperly served.
  • The eviction is a retaliatory act.
  • The breach of the lease violation isn’t substantial enough to warrant an eviction.
  • Your allegations are false.

 

 

 Judgment for Possession

If the judgment is in your favor, the judge will award you a “Judgement of Possession.” The “Judgement of Possession” gives possession of the property back to you. The tenant will then have ten days to file an appeal. If the tenant chooses to file an appeal, the court may order them to make payments of the bond to the court.

For whatever reason, is the renter is unable to make the payments on the bond, you can have the appeal quashed. If the renter still loses the appeal, the only remaining option would be to leave the premises immediately.

At this point, you can file a Writ of Possession. A Writ of Possession in NC gives the county sheriff the authority to remove the tenant out of your rental property. After the Writ of Possession is issued by the court, the sheriff would be required to carry out the eviction seven days after it’s issued.

The tenant will have ten days to remove all personal property from the rental unit.

 

Changing of Locks

It’s important to change the locks after the sheriff removes the renter from your property. The changing of locks must be done by a locksmith. The sheriff must also be present. The fees charged by the locksmith are your responsibility.

 

 

Handling personal property

You may find that the tenant has left behind some of their personal property in the rental unit. According to the North Carolina landlord-tenant law, landlords must notify them of their belongings before disposing of them. If the tenant doesn’t respond, you can dispose of the personal items after the time-frame on the notice expires. ( NCGS § 42-25.9 )  and NCGS § 42-36.2)

 

Don’t hesitate to reach out to NationalEvictions.com for your property Eviction needs in North Carolina. You can also find other States Eviction Process on our Website.

 

 

Tags: , , , ,
News from our Partners: USLegal – Our Partner offering Forms on NationalEvictions

News from our Partners: USLegal – Our Partner offering Forms on NationalEvictions

  • Posted: Oct 30, 2018
  • By:
  • Comments: 0

USLegal Newsletter October 2018

We are so pleased to have partnered with USLegal This gives all of our members, Landlords, Property Owners the ability to download Forms they need.  We offer Eviction Forms for every State, Landlord Forms for their Business including Lease Forms, Letters to Tenants, Sales Forms and Many more….

Landlords Join NationalEvictions.com Today.


 

USLegal.com

Understanding Midterm Elections

Millions of Americans will go to the polls on Tuesday, November 6, to vote in the 2018 Midterm Elections. However, many people have already cast their ballot as most states now allow for absentee, early voting, or mail in voting according to the National Conference of State Legislatures.

A midterm election is general election that occurs in the middle or two years into the term of a president, hence the name mid-term.

During midterm elections, some members of the US Senate, all members of the House of Representatives, and many state and local positions are voted on. Since US senators serve 6-year terms, many of their re-election campaigns are held during midterm elections.  Click here to learn more about 2018 Midterm Elections

 


 

Featured Products

Legal FormsUSLegal Personal and Business Form Subscriptions

USLegal Subscriptions provide a complete collection of essential documents that may be customized for your most common personal and business needs. These documents have been created by lawyers and have been trusted by more than one million consumers around the country. With thousands of documents available you have the essential tools you need for one monthly subscription fee. Personal Legal Form subscriptions with access to more than 2,000 legal documents cost $19.95 a month. Business subscriptions which provide access to more than 5,000 legal documents cost $29.95 a month.  Order Now

 

 

Legal FormsResidential Lease Forms Package

If purchased individually, these forms would total $129.80. For just $59.95, get tremendous savings on forms you will need and use. Including state specific Lease, Lease Application, Reference Check Consent, Pre and Post Inventory Checklist, Lead Paint Disclosure, Welcome Letter, Rent Warning Letter, Rent Termination Notice, Closing Statement and more. Our most popular item. Click below to select the package for your state  Order Now

 

 

 

Legal FormsHomes Sales Package

This Real Estate Home Sales Package with Offer to Purchase, Contract of Sale, Disclosure Statements and more for Residential House popular package contains the following forms for your state: (1) Offer to Purchase, (2) Real Estate Sales Contract, (3) Residential Disclosure Statement, (4) Lead-Based Paint Disclosure, and (5) EPA Lead-Based Paint info Pamphlet. Definitions, form explanations, and general information about the real estate transaction are also included. Buying or selling a home is the most important transaction most people will ever encounter. This package makes the process much easier to understand. Instant download is $59.95.  Order Now

 


 

Resource Partners

 

NationalEvictions.comNationalEvictions.com

Select the State your properties are located in, Find everything for an Eviction in that State.

Helping Landlords and Tenants with Eviction Information & Services; Learn the Eviction Process, Buy all the Forms, View Landlord Tenant Laws, Learn your rights and Find Legal Professionals on our National Directories, ready to help with filing and defending an eviction in your state.  Learn More

 

 

 

USLegalLife Resource Center   USLegalForms.com has been named the best online legal forms service for 11 years in a row. Top Ten Reviews gives USLegal its Gold Award after head to head comparison of 10 legal websites.

Attorney? Add your listing to the US Attorney Directory. Subscribe to FormsPass.com database.

Document Preparation Services – answer a few questions and USLegal legal professionals can assist with preparation of your Last Will, Living Will, Name Change, or Power of Attorney forms.

Complete questionnaire.

Customer Feedback

USLegal.com would like to hear from you. If you have any questions, comments, or suggestions about our products or topics you’d like for us to feature in upcoming newsletters, please email them to Carrie Criado at Carrie.Criado@uslegal.com

 

 

Tags: ,
State Laws Prohibiting Interference with Service of Process

State Laws Prohibiting Interference with Service of Process

  • Posted: Oct 25, 2018
  • By:
  • Comments: 0

State Laws Prohibiting Interference with Service of Process

published from our friends at NAPPS

DISTRICT OF COLUMBIA CODE
Title 22 Criminal Offenses
Sec. 22-722. Prohibited Acts; Penalty

(a.) A person commits the offense of obstruction of justice if that person:
(2.) Knowingly uses intimidating or physical force, threatens or corruptly persuades another person, or by threatening letter or communication, endeavors to influence, intimidate, or impede a witness or officer in any official proceeding, with intent to:
(c.) Evade a legal process that summons the person to appear as a witness or to produce a document in an official proceeding

2000 FLORIDA STATUTES
Title XLVI � Crimes
Chapter 843 � Obstructing Justice

843.01 � Resisting officer with violence
843.02 � Resisting officer without violence to his or her person. � Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the parole commission or any administrative aide or supervisor; personnel or representative of the Dept. of Law Enforcement; or other person legally authorized to execute process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in S. 775.082 or s. 775.083

 

ILLINOIS COMPILED STATUTES
Criminal Offenses
Criminal Code of 1961
(720 ILCS 5/31-3)
Sec. 31-3. Obstructing service of process.

Whoever knowingly resists or obstructs the authorized service or execution of any civil or criminal process or order of any court commits a Class B misdemeanor.

 

IOWA CODE 1999
719.1 Interference with Official Acts.

1. A person who who knowingly resists or obstructs the service or execution by any authorized person of any civil or criminal process or order of any court, commits a serious misdemeanor.
3. The terms resist and obstruct, as used in this section, do not include verbal harassment unless the verbal harassment is accompanied by a present ability and apparent intention to execute a verbal threat physically.

KANSAS STATUTES
Chapter 21 � Crimes and Punishments
21-3808. Obstructing legal process or official duty.

(a) Obstructing legal process or official duty is knowingly and intentionally obstructing, resisting or opposing any person authorized by law to serve processin the service or execution or in the attempt to serve or execute any writ, warrant, process or order of a court, or in the discharge of any official duty.
(b) (1) Obstructing legal process � in the case of a felony, � is a severity level 9, nonperson felony.
(2) Obstructing legal process � in a case of misdemeanor, � is a class A nonperson misdemeanor.

 

MICHIGAN PENAL CODE
750.479 Resisting or obstructing officer in discharge of duty

Any person who shall knowingly and willfully obstruct, resist or oppose any sheriff, coroner, township treasurer, constable or any other officer or person duly authorized, in serving, or attempting to serve � any process, rule or order made or issued by lawful authority � or who shall assault, beat or wound any � constable or other officer duly authorized, while serving, or attempting to serve � any such process, � shall be guilty of a misdemeanor, punishable by imprisonment in the state prison not more than 2 years, or by a fine of not more than 1,000 dollars.

 

MISSISSIPPI CODE OF 1972
Sec. 97-9-75. Resisting service of process

Any person who knowingly and wilfully opposes or resists any officer or other authorized person in serving or attempting to serve or execute any legal writ or process, shall be guilty of a misdemeanor.

 

MISSOURI REVISED STATUTES
CHAPTER 575 � OFFENSES AGAINST THE ADMINISTRATION OF JUSTICE
575.160 Interference with legal process

1. A person commits the crime of interference with legal process if, knowing any person is authorized by law to serve process, for the purpose of preventing such person from effecting the service of any process, he interferes with or obstructs such person.
2. �Process� includes any writ, summons, subpoena, warrant or other than an arrest warrant, or other process or order of the court.
3. Interference with legal process is a class B misdemeanor

575.170. Refusing to make an employee available for service of process
1. Any employer, or any agent who is in charge of a business establishment, commits the crime of refusing to make an employee available for service of process if he knowingly refuses to assist any officer authorized by law to serve process who calls at such business establishment during the working hours of an employee for the purpose of serving process on such employee, by failing or refusing to make such employee available for service of process.
2. Refusing to make an employee available for service of process is a class C misdemeanor.

 

MONTANA CODE ANNOTATED 2000
25-3-105. Person serving process – penalty for obstruction.

A process server registered under chapter 1, part 11, a licensed attorney, or a sheriff, constable, coroner, elisor, or other government employee who is acting in the course of the person�s employment while serving process is a public servant for the purpose of determining the offense of obstructing a public servant as provided in 45-7-302. A person who obstructs a person serving process is guilty of obstruction of a public servant and is punishable as provided in 45-7-302.

 

NEW MEXICO STATUTES ANNOTATED
Chapter 30 � Criminal Offenses
30-22-1. Resisting, evading or obstructing an officer.

Resisting, evading or obstructing an officer consists of:
A. Knowingly obstructing, resisting or opposing any officer of this state or any other duly authorized person serving or attempting to serve or execute any process or any rule or order of any of the courts of this state or any other judicial writ or process.

 

CODE OF VIRGINIA
Title 8.01.
CIVIL REMEDIES AND PROCEDURES
� 18.2-409. Resisting or obstructing execution of legal process.

Every person acting jointly or in combination with any other person to resist or obstruct the execution of any legal process shall be guilty of a Class 1 misdemeanor.

SOUTH DAKOTA CODIFIED LAWS
Title 22 � Crimes
Chapter 11 � Obstruction of the Administration of Govt.
Sec. 22-11-1. Resisting execution of service of process.

Any person who resists the execution or service of any legal process is guilty of a Class 2 misdemeanor.

 

TENNESSEE CODE ANNOTATED
39-16-602 Resisting stop, frisk, half, arrest or search-prevention or obstruction of service of legal writ or process.

(c) It is an offense for a person to intentionally prevent or obstruct an officer of the state or any other person known to be a civil process server in serving, or attempting to serve or execute, any legal writ, or process.
(d) A violation of this section is a Class B misdemeanor.

 

TEXAS PENAL CODE
Chapter 38. Obstructing Governmental Operation
Sec. 38.16. Preventing Execution of Civil Process

(a) A person commits an offense if he intentionally or knowingly by words or physical action prevents the execution of any process in a civil cause.
(b) It is an exception to the application of this section that the actor evaded service of process by avoiding detection.
(c) An offense under this section is a Class C misdemeanor.

 

UTAH CODE ANNOTATED 1953
76-8-301. Interference with Public Servant

(1) A person is guilty of interference with a public servant if he:
(a) uses force, violence, intimidation, or engages in any other unlawful act with a purpose to interfere with a public servant performing or purporting to perform an official function; or
(b) knowingly or intentionally interferes with the lawful service of process by a public servant.
(2) Interference with a public servant is a class B misdemeanor.

Did you know? On NationalEvictions.com We have a Process Server Directory – All Process Servers from every State and Counties within them are listed with all of your Contact information. This is a One time fee of 45.00 (Lifetime Listing)

Find out how you can get listed today –

 

 

Tags: