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
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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.

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Guide to the Eviction Process in North Carolina on NationalEvictions

Guide to the Eviction Process in North Carolina on NationalEvictions

  • Posted: Dec 03, 2018
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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.

 

 

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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
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USLegal Newsletter October 2018

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Landlords sometimes get a bad rap

Landlords sometimes get a bad rap

  • Posted: Oct 24, 2018
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Landlords sometimes get a bad rap. In the minds of disgruntled tenants, the landlord is the guy who collects money every month, takes two weeks to fix a leaky faucet and hasn’t painted the front of the building since the Ford administration. But the truth is that being a landlord can be hard and often thankless work. Perhaps that’s why so many landlords now call themselves “residential rental owners” to avoid the stigma associated with the ancient profession.

At one time in history, landlords literally were lords. In the manorial and feudal systems of medieval Europe, all land was owned by a lord who allowed peasants to live on his property in return for labor. In exchange for working the land, peasants received protection against roving bands of marauders and invading armies. Peasant labor was only a small step away from slave labor. Technically, peasants had their freedom, but many lords used all manner of financial and physical intimidation to keep peasants under their power.

oday, landlords are property owners who rent homes, apartments and condominiums as a business. The professional relationship between a modern landlord and his tenants is dictated by strict state and federal laws meant to protect the rights of both the renter and the property owner. Landlords sometimes hire property managers to screen tenants, handle repairs and oversee the day-to-day operation of a rental property.

Reasonable landlords and their representatives treat tenants with respect, charge a fair price, keep their properties up to code and quickly complete repairs. Keep reading to learn how landlords find and screen potential tenants, what’s included in a lease or rental agreement, landlord rights and responsibilities, and what’s involved in an eviction.

 

Finding the right information for Evictions in your State – on NationalEvictions.com

The Process for an Eviction has different steps; Choose a State and find the Eviction Process in that State

 


 

One way landlords find tenants is by placing an ad for a rental unit in the local newspaper or on websites designed to help Landlords, You also want to get involved with NationalEvictions.com and learn your rights and find Services to Aid Landlords with Evictions. The ad should include a complete description of the property that details its size, monthly rent, how many bedrooms and bathrooms there are, and which appliances and utilities are included. If the landlord is considering yearlong rather than month-to-month leases, he should make that clear as well.

By listing all of these details in the ad, neither the landlord nor the potential tenant wastes time discussing or walking through a dwelling that’s wrong for the client’s needs. It’s also recommended that the landlord talk to all potential tenants over the phone before meeting at the rental property. This is another way to double-check that the unit is right for the tenant.

At an appointment to show the apartment, the landlord should come prepared with a rental application. The purpose of the rental application is to have written proof that the tenant has the income and financial stability to pay the rent on time and that he has a solid rental history with no evictions, legal problems with landlords or history of missed payments. Here’s some standard information that should be collected on a rental application:

  • Personal information: Name, address, phone numbers and an e-mail address for all applicants and co-applicants, including how many children and pets will be living in the unit.
  • Credit check authorization: The applicant’s written permission to check his credit history. To run the credit check in the United States, the landlord will need the applicant’s Social Security number and a copy of his driver’s license.
  • Income: Recent pay stubs and bank statements to verify the applicant’s monthly income and bank account holdings. A good rule of thumb is that the monthly rent should equal no more than one-third of a tenant’s monthly income.
  • Employment history: A list of recent employers, including how long the applicant stayed at each job.
  • Rental history: A list of addresses and landlord contact information for the past two or three years. A prospective landlord will want to know if the applicant has ever been evicted, had his home foreclosed or missed more than three rental payments in a year.
  • Code of conduct and rent agreement: The applicant should sign a code of conduct — what behavior is and isn’t acceptable on the property. The agreement should also include the rent amount.

Meeting with tenants and collecting applications is all part of the tenant screening process. It’s extremely important that the landlord understand any applicable fair housing laws to avoid any claims of discrimination during the screening process

The basic rule of tenant screening is to establish a clear set of criteria against which all applicants will be judged. For example, each applicant must have a minimum amount of monthly income, a minimum credit score and no prior evictions. It’s a good idea to put that set of criteria in writing and have a lawyer take a look at it. All decisions should be based on sound business logic, like using the same standards to evaluate each prospective tenant, not personal impressions. To avoid discrimination, a landlord shouldn’t make exceptions for one applicant if he wouldn’t make those same exceptions for all of them.

Once the landlord has found the right applicant, it’s time to sign the lease. If the Tenants does not pay make sure you have the Notice to Quit Forms.

 


 

Rental agreements and leases are binding legal contracts that establish the specific terms of the arrangement between the landlord and his tenant. The difference between rental agreements and leases is that rental agreements usually cover short-term or month-to-month rentals, while leases cover six-month and yearlong rentals [source: Forms on NationalEvictions.com]. Rental agreements automatically renew after 30 days, and leases need to be renewed when they expire.

In England, there are two different kinds of rental agreements: shorthold tenancies and assured tenancies. The default arrangement is a shorthold tenancy, in which the landlord can automatically regain possession of the property after six months, as long as he gives two months’ written notice. With assured tenancies, landlord can only repossess a property if he can prove to a court that the tenant is behind on rent or violating rental policies

 

 

A rental agreement or lease should include the following terms:

  • names of all occupants
  • limits on number of occupants
  • length of tenancy
  • amount of rent, when it’s due and how to pay it
  • amount of security deposits and fees
  • landlord responsibilities
  • landlord rights
  • code of conduct
  • pet regulations
  • miscellaneous restrictions like parking, use of common areas and laundry facilities [source: AAXON.com]

A rental agreement or lease document protects both landlords and tenants. The terms of the agreement help protect the landlord against irresponsible tenants and protect the tenant against overzealous or illegal landlords.

Landlords and tenants should pay particular attention to the language in the lease regarding the security deposit and how it will be used. A security deposit is money that the tenant lends to the landlord to cover the cost of any future damages or repairs that exceed the definition of normal use, which we’ll learn about shortly. Security deposits are the most common cause of legal disputes between landlords and tenants.

There are several important distinctions here. The money is lent — not paid — to the landlord. Some states require landlords to keep security deposits in a separate bank account like an escrow account . Upon termination of the lease, that money will be paid back to the tenant (with interest, in some states) unless the tenant has damaged the property beyond normal wear and tear.

So what’s normal use? This is something that needs to be clearly explained in the lease. For example, carpets get dirty, paint gets chipped and drains get clogged. Each of these situations is considered normal use. But, for example, if a tenant illegally uses his apartment to run a small bakery, and the constant heat from the oven permanently damages the kitchen tiles and peels away the paint on the ceiling, that’s not normal use. The damages will be deducted from the tenant’s security deposit.

The best way for landlords and tenants to avoid security deposit disputes is to take plenty of photos of the property before the tenant moves in. Both the landlord and tenant should document any existing damage and sign a waiver or disclosure stating that the current tenant will not be responsible for those repairs. In Australia, it’s typical for landlords and tenants to fill out an official Property Condition Report before signing the lease.

Even after the rental agreement or lease is signed, a landlord shouldn’t hand over the keys until the security deposit and first month’s rent checks have cleared. If a landlord allows a tenant to move in immediately, and the checks later bounce, the only recourse may be eviction proceedings.

 

 

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Finding a Perfect Tenant

Finding a Perfect Tenant

  • Posted: Sep 20, 2018
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Finding a Perfect Tenant

We are all looking for that neat and responsible tenant who will respect the property, keep it clean and pay bills in time.  And it’s not always easy to judge reliability from a brief meeting and a pile of paperwork. At NationalEvictions.com, we’ve put together a few pointers that will help you find that perfect tenant and highlight the possibilities for a compromise if the search is taking too long.

 

Start with your property

The condition of your property will ultimately affect what kind of tenants it will attract. You can’t do anything about the location, but keeping the property clean, updated and well-maintained is in your hands. Outdated appliances, dirty walls and untidy bathroom may scare away your potential tenants, especially if the price is high.

Rethink the layout and possibly knock down a few walls to make a bigger bathroom or add a walk-in closet. Provide the top amenities your tenants want, and you’ll have plenty of candidates to choose from. If you don’t want to mess with the renovations, just keep the property clean: a fresh coat of paint, a scented candle and clean sunny windows can make a big difference. Remember, first impressions matter!


 

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Screen your tenants

As Property Managers Ourselves, we advice you not to let an unscreened tenant move into your rental, no matter how desperate you might be to close the deal. Even if the person was recommended by your friend, take the time to conduct at least minimal screening. Here are some things you might want to check:

 

Attitude and behavior. Take mental notes when you first meet a potential tenant. Did they make an effort to dress nicely? Are they kind and polite? What kind of car do they drive and is it clean? Of course, you can’t judge people by these characteristics alone, but they should help you paint a bigger picture.

References from previous landlords. Do verify the reference by calling the former landlord, as it’s easy to forge a reference letter or have a relative write it. It’s also a good idea to ask how much the tenant was paying in rent at his former place.

Employment status. Your tenant should be employed, preferably for some time. You can request recent pay stubs and even talk to the employer to get more insights.

Credit history. Request a credit report on your potential tenant. Look for any open collections, late payments, bankruptcy and overall credit score. The report itself might cost you, but it’s better to be safe than sorry.

Criminal and eviction records. Find out if your tenant has had problems with the law in the past or is currently a part of an investigation or a litigation. You probably might want to reject someone who’s been arrested for public disturbance multiple times.

Social life. With social networks playing an important role in many people’s lives, almost everyone has a digital footprint. Search an applicant’s name in the search engines and look over their social profiles and other publicly available information. This will give you a better idea about their personality and lifestyle.  Google them, Check other Social Media for the names on the application. Do Your Homework as a Manager!

Besides conducting a thorough background check, also let your potential tenant tell their story. Find out why they are moving, what they do for fun, and see if everything they say matches the reports you’ve obtained.

 

 

Learn to compromise

It’s unlikely that you find a tenant that has everything you are looking for. Being picky is good, but don’t bluntly reject applicants based on certain things you uncover during the background check. Remember, every month your property stays unoccupied, you are not just failing to make profit, but possibly losing money as well.

Instead of focusing on separate accounts of “irresponsible behavior” on the part of your potential tenants, look at the bigger picture:

  • Everyone makes mistakes, and a criminal charge or an unpaid debt from back in the days doesn’t define a person. Focus on the past five years instead of considering someone’s entire history.
  • When screening couples, look at the combined income if low individual income is the only issue and everything else checks out.
  • Appreciate the honesty when someone tells you upfront about their bad credit or other issues. This means they understand the consequences of the bad decisions they made in the past and want to mend things.

A bad tenant can be a disaster to your rental property business. If you have multiple properties and consistently struggle to sort through dozens of undesirable applicants to find that perfect one, let us know and we’ll take that burden off of your shoulders.

 

 

Learn more about Tenants, Landlords and Property Management and Evictions on our website:  https://NationalEvictions.com

 

 

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