You now have what you think might be an abandoned rental property?

Posted: Jan 27, 2019
By: NatEvict
Comments: Comments Off on You now have what you think might be an abandoned rental property?

You now have what you think might be an abandoned rental property. It’s The Tenants Junk Not yours!

However, proceeding as if the tenant is long gone can be a costly mistake for you. When it comes to abandoned rentals, you must avoid the 3 biggest mistakes landlords can make to keep things legal when recovering your rental property.

Mistake #1: Assuming It’s Abandoned When It’s Not

Sometimes it is obvious when a tenant abandons a property, such as when they move out in the night and leave you a note and a property full of garbage. Other times, it may be difficult to tell whether the tenant has abandoned the rental unit. In their hurry to turn over a rental unit and get rid of a bad tenant, some landlords may make the mistake of assuming the property is abandoned when in fact it is not.

If you are unsure about whether the tenant has truly abandoned the property, find the answers to these questions:

Is the tenant behind in paying the rent? Many states won’t consider a rental abandoned if the rent is current.
Are the utilities shut off? A quick call to the utility company will provide you with this information, however, this also may be a coincidence for nonpayment and not necessarily abandonment.
Is there anything left in the rental unit, like furniture or clothes? If there are valuable items left behind, it’s less likely to be abandoned than if you find garbage or rotting food.
Did the neighbors notice anything significant? If others witnessed a moving truck at the property the other day, or the tenant told them they were leaving, it helps to solidify other evidence of abandonment.
Has a change of address been submitted to the post office? A quick visit to the local post office will help you figure it out.
What do the tenant’s emergency contacts say? You must get in touch with the tenant’s emergency contacts to see if they offer any insights into the tenant’s absence.

No single factor is conclusive—instead, you must consider several things before you can conclude that the property is abandoned. It’s a fine line between a tenant abandoning a property and simply being gone for a while. Unusual circumstances, such as an extended vacation or business trip, a hospital stay or even jail time can make it seem as if the tenant has abandoned the property when legally they are still in possession as long as they have not broken the lease terms.

Mistake #2. Disposing of Personal Property

When tenants leave in a hurry, whether it’s due to eviction proceedings or another reason, they often leave personal property behind. Even if you’ve established that the rental unit is indeed abandoned, you are still required to put in some time and effort into dealing with the tenant’s possessions. New landlords may mistakenly claim the abandoned property as their own and keep it or try to sell it to recoup some lost income. However, this is illegal unless done in the proper way.

While different states have varying requirements, in general, a landlord must store the tenant’s personal property for a time and use reasonable care to keep it safe from harm or theft. While this seems strange—to care for the abandoned junk of a former tenant—the laws are quite clear that at least for a designated time, the landlord is responsible for those possessions.

Here are some examples from states across the country on dealing with a tenant’s personal property that has been left behind:

California requires landlords to move the property and store it safely, then deliver a notice to the former tenant, if possible, as well as any contacts he might have that gives a deadline of 18 days for the tenant to claim the property. The tenant is required to pay the landlord the reasonable cost of storage before reclaiming the property. If unclaimed and the property is worth less than $300, the landlord can keep it or dispose of it. If it is worth more than $300, the property must be sold at a public bidding.
Kansas landlords must store possessions for 30 days and at least 15 days before sale or disposal, attempt to notify the tenant. Unlike most other states that require the notice to be mailed or delivered personally, Kansas law requires landlords to publish the notice in the local newspaper. After 7 days from publication, the landlord must mail a copy of the published notice to the tenant’s last known address. All proceeds from a sale go to the landlord.
North Carolina law requires landlords to store abandoned property in a county warehouse for 10 days, after which the landlord may sell, keep, donate or dispose of the property. If the landlord chooses to sell the abandoned property, he must send a written notice at least 7 days in advance to the tenant’s last known address. Proceeds first go to the landlord to offset any remaining costs from the tenant and the balance goes to the county.

Mistake #3. Failing to Document the Process

Even if they’ve covered all your bases in judging that the rental is abandoned and they’ve properly disposed of any of the former tenant’s possessions, many landlords make the mistake of failing to document the process of recovering an abandoned rental property. If you make the wrong call and face a wrongful lockout claim from the tenant, you’ll need to have evidence on your side in court to show why you made the call you did.

Here are some things you must do in order to properly document your discovery process in recovering an abandoned rental property:

Take pictures of the property, including instances where it seems like the tenant has abandoned it, such as rotting food in the fridge, lack of furniture, abandoned pets, unkempt lawn, and so forth.
Write down the names, times and dates of interviews with neighbors or the tenant’s emergency contacts, along with a summary of the conversation.
Collect any documents you get from the utility companies about shutoffs.
Keep copies of any official notices you send to the tenant at the last known address or to the tenant’s workplace to show your attempts at communication.
Document the costs for moving and storing any possessions left behind using receipts or invoices.

Abandoned Apartment Key

If your apartment is abandoned but there is no key to be found you will want to have the locks changed as soon as possible. Kwikset makes locks that are easy to rekey with Smart Key technology. Just be sure that you take back full control of the apartment before rekeying the locks.

In general, when a tenant abandons a rental property, they don’t intend to return but there have been too many instances where an eager or uninformed landlord has moved too quickly and outside the law, and made these critical mistakes. When in doubt, consult with an attorney who specializes in landlord/tenant issues and make sure you are proceeding in such a way as to minimize the time the unit is empty without compromising on following the laws of your state.

Some Landlords wish to Self Represent

Posted: Jan 20, 2019
By: NatEvict
Comments: Comments Off on Some Landlords wish to Self Represent

Landlords self representation, is it the right thing to do?

Learn the eviction process in your State!

If, like many landlords, you own or manage only a few rental properties, you are unlikely to have a lawyer on staff or even “on retainer” (where you pay a lawyer in advance to handle routine questions and issues). Fortunately, you shouldn’t need to constantly consult a lawyer or even keep one in the wings, “just in case.” You do have to be able to recognize those situations when expert help is needed — even if it’s just for some advice and coaching.

In most states, an eviction lawsuit takes much less time than regular civil cases. But in exchange for expedited treatment, landlords must follow highly detailed rules, from notifying the tenant of the lawsuit to filing the right papers and forms. In addition, because it’s the tenant’s home that’s at stake, many judges will set the bar very high when it comes to ruling in the landlord’s favor. Winning an eviction lawsuit, even one that you’d think is a slam-dunk, isn’t so easy. Still, many landlords try to evict a tenant themselves, often with success. But you may be better off hiring a lawyer

Evictions are one of the least fun parts of being a landlord. They can be very costly, time consuming and stressful. Most probably think that you have to hire an attorney to represent you to conduct a successful eviction. But do you? I have represented myself and used an attorney, either way you usually have to go to court. So, I think the answer depends on several factors. Those factors are:

The complexity of the eviction process in your jurisdiction.
Your level of knowledge and experience.
Your personality.
Peculiarities in your state and local laws.

Some states have very complex eviction procedures. In fact, I hear it can take many months to get a tenant evicted in places like Chicago and some of the northeastern states. Here in Memphis, TN the entire eviction process can be accomplished in a little over a month with the filing of a couple of forms. So while I will conduct the eviction process here, I might hesitate doing so if I faced messing up a six month long process and having to start over at square one. I would want someone more qualified to handle such a complex process.

Complications can also arise during the eviction process. For example, if a tenant files for bankruptcy while you are evicting them (and bankruptcy lawyers will be sending them solicitations advising them they can “stop” the eviction process) a stay is placed on the eviction process by the bankruptcy court. That means your eviction is stopped until the stay is lifted. You definitely need an attorney at this point as federal courts are much more complicated.

Your knowledge and experience with the eviction process will also be a factor. You need to know what the eviction process is for your jurisdiction. You absolutely cannot walk into court with out knowing what you are doing. It is just too easy to mess up. Sometimes the judge will help you out, but most times more deference is given to the tenant. In other words, the judge expects you to have your i’s dotted and t’s crossed. Once you have been through a few evictions, you may have enough experience to be able to go it alone.

Your personality is also something to consider. Many do not like getting up and speaking in front of other people. Some do not like confrontation. You also have to remember to keep your cool at all costs. The last thing you want is to be held in contempt because you angered a judge. I have seen more than one landlord shoot themselves in the foot by opening their big mouth in court.

There may also be peculiarities in your state in local laws that prevent you from representing yourself. For example, here in Tennessee if a property is owned by a corporation or LLC (which many of mine are) I am not allowed to represent myself and have to hire an attorney to file the eviction per state law. My case would be thrown out by the judge if I tried to represent my self.

To sum up, I think you should hire an attorney to represent you if:

You have no or little experience in court.
Your knowledge on your state and local eviction statutes is limited.
Your particular jurisdiction has a long and complicated eviction process.
Your tenant files bankruptcy.
You personality is not suited towards acting as your own attorney.
If state law prevents you from doing so.

On the other hand if you have been through the process before, know your local laws and are confident you can present a clear and decisive case, perhaps go for it.

If you want to get some experience and if you have some time to kill, you can always go to the courthouse and watch the other landlords and attorneys present their cases to see how the process works. It is kind of interesting to watch, much better than any reality show.

Landlords its a good rule to be on top of any Late Rent:

I have always set in my lease – The rent is due on the 5th and if a tenant does not pay, they have a 3-day notice on the 6th. You cannot allow any exceptions or people will really take advantage of you.

Dont take their word!

Honestly, everything that I am about to say is true. I mean, sure, you see on the news channel, the internet and sometimes you hear from others these horrifying stories, but to experience one yourself is something else entirely. It was truly mind blowing to witness firsthand how much lie-weaving people were willing to do in order to trap some unwitting landlord to rent them the property. Want to hear the story? Well, here we go.

One day, the mother of a family called to give a walkthrough of property. I always make sure to do pre-vetting over phone to make sure they fit the qualifications, i.e. the applicant has to produce 3x net monthly income in addition to good rental history, verification of time on their job, and also good landlord references. In my case, I thought I hit the jackpot—after all, it was a beautiful family with a stay at home mother, hard working father, grandmother, and newborn daughter. Why, you couldn’t possibly ask for better tenants!

The family took a walkthrough of the house and absolutely loved it (as they should because that home was truly lovely). As a result, they decided that they wanted to move forward and discuss terms and legalities. But here is where things start to get really interesting.

On their application, they had their current residence, in addition to the contact information for their present landlord. So, as per routine, I ran the application through, and after some brief investigation, I discovered that they were being evicted from their current residence. However, when I contacted the family, they waved away my concerns and said that it was simply a glitch, assuring me that the landlord could verify (red flag alert!). I decided to give them the benefit of the doubt, so I called the landlord (who I later found out was a family member posing as a landlord).

The landlord a.k.a. family member mentioned that they were good tenants, and if given the chance, they would absolutely love to rent to them again. Obviously, I couldn’t take a mere word for something as serious as an eviction, so what I did from there was pull the public tax records out—which in turn showed the name of the actual landlord along with his true address.

It doesn’t take much guesswork to know what I did next. I whizzed over there, and the (genuine) landlord mentioned that the family that he had as tenants were in fact being evicted and looking to get my place ASAP in fear that they would be without a home. The moment I heard this, I went ahead and I declined them.

Honestly, the whole situation was mentally straining, and I just wanted to point out that these things happen in real life and not just in stories you hear from other people, so the moral of this story is that tenants do lie, so you should always do thorough due diligence.

So for Landlords Screen Tenants, Ask for Background checks, Search on county clerks records for their names, Go to or call the past landlords and speak with them. Dot Trust!

NationalEvictions.com has been a main information for Landlords and Tenants.

Tags: Eviction Information, Landlord Information, Leases & Contracts, Tenant Screening

RIGHTS AND DUTIES OF LANDLORDS FLORIDA

Posted: Jan 20, 2019
By: NatEvict
Comments: 0

RIGHTS AND DUTIES OF LANDLORDS

If you rent a house, apartment, condominium or mobile home to another person, you enter into a legal contract known as a rental agreement. This rental agreement need not be in writing. If the rental agreement is in writing, it is a “lease.” This agreement has certain basic conditions specified by law, and you should understand them before you enter into the agreement. As a landlord, you have certain rights; you also have certain duties. Even in the absence of a written lease, the law imposes duties and gives rights to the parties.

LANDLORDS HELP WITH EVICTIONS PAGES AND PROCESS OF AN EVICTION IN FLORIDA

If you require a prospective tenant to complete a rental application, and the applicant is a member of the United States Armed Forces on active duty or state active duty or a member of the Florida National Guard and United States Reserve Forces, you must notify the applicant of application approval or denial within seven days of when the application is submitted.

Your obvious right as a landlord is to receive rent for the use of the property.

Another important right is to have your property returned to you undamaged at the end of the agreement. It should be returned in the same condition in which it was received, except for ordinary wear and tear.

In return for these rights, it is your duty to provide a home that is safe and meets housing code requirements, and to make reasonable repairs when necessary. The obligations can be limited sometimes under the lease. It is also your duty to respect the tenant’s rights. One of the most important of these is the right of peaceful possession. By renting to the tenant, you give that tenant the possession and use of your property free from interference. That means that you may not enter the home frequently, at odd hours or without notice. Rights relating to reasonable inspection are often set forth in a written rental agreement, as well as in Florida law. You have a right to protect your property through inspection, but you must give a reasonable notice of at least 12 hours. You don’t have the right to show the property to possible buyers without notice to and agreement of the tenants.

It is unlawful to increase a tenant’s rent or decrease services to a tenant in a discriminatory manner, or threaten to bring an action for possession or other civil action primarily in retaliation against the tenant. Retaliation may be presumed if it occurs after a tenant has complained about housing conditions. It is also unlawful to lock the tenant out, intercept or shut off utilities, water or electric services to the tenant, or remove doors, appliances or the tenant’s property from the home. A landlord who does this can be ordered to pay a tenant damages in the amount of three months’ rent, or actual damages, whichever is greater.

To end the tenancy, if the unit has no written rental agreement or if the lease does not state otherwise and the unit is rented on a month-to-month basis, you must give at least 15 days’ notice in writing before the end of any monthly period; a week-to-week rental period requires seven days’ notice before the end of any weekly period. Any such notice must be in writing and should be delivered personally to the tenant, but it may be posted at the door if the tenant is absent from the premises. If the written rental agreement requires that the tenant give notice of up to 60 days before leaving the unit, the landlord is required to give the tenant the same notice period that there is no intention to renew the lease.

If the rented property is foreclosed upon, the purchaser at a foreclosure sale may terminate the rental agreement for existing tenants only by delivering a written 30-day notice of termination to the tenants. The tenants are obligated to pay rent during the 30-day period for any amount then accruing. The purchaser does not assume the duties of the landlord unless the purchaser assumes the existing rental agreement or enters into a separate rental agreement with the existing tenants. This 30-day notice requirement does not apply to all tenants. You should consult with an attorney to determine if the 30-day notice requirement is applicable.

Finally, both the landlord and the tenant have the duty to observe state and local laws concerning the use and condition of the property.

The basic rights and duties mentioned here apply whether or not the agreement between the landlord and the tenant is in writing. A written agreement is best, because it serves as a memorandum of other terms and conditions such as restrictions on the number of adults or children or types of pets to be allowed. And if you wish to provide for lease terms of one year or more, the agreement must be in writing to be enforceable.

If the tenant permanently moves out before the end of the rental term and leaves the property vacant, this usually is considered to be an abandonment of the tenant’s rights. The law presumes an abandonment if the tenant is absent for at least 15 days without previously notifying the landlord of an intent to be absent. After abandonment, you may re-enter the dwelling unit. The rights and remedies often are complex, and you should consider legal advice or assistance.

The situation is more complicated if the tenant seems to have gone away but has left personal property on the premises or if there is a considerable amount of unpaid rent. In such a case, you should consult an attorney before trying to dispose of the tenant’s possessions or re-renting the property.

Another complication occurs when a tenant fails to pay the rent or refuses to move out at the end of the rental term. Under these circumstances, you may evict the tenant, but only after you have taken the proper legal steps to commence an action for possession according to a very specific timetable. You must serve proper notice or notices on the tenant to terminate this rental agreement. If the tenant ignores these notices, you are next required to file a complaint in court and have the tenant properly served with a summons and complaint. Five business days after the complaint is served, you may request the court to set a date for a hearing. However, if the tenant fails to answer the complaint within the five business days or fails to pay the rent that is due then, you can proceed to eviction without having a hearing first, though you must get a court order before evicting the tenant.

If the tenant disputes the amount of rent that is due, the rent does not have to be deposited at the court and a hearing must be held. If you wish to collect money damages from the tenant, you must wait 20 days to set a hearing on damages. At the hearing, you can ask that the tenant be evicted. If the judge agrees that the tenant has violated the terms of the agreement, a sheriff will serve an eviction notice on the tenant. The tenant then has 24 hours to get out of your property, or the sheriff can return to remove the tenant and supervise the removal of the tenant’s belongings. Because these proceedings are so technical, it is wise to have them handled by an attorney. Even if you decide to file the claim yourself in county court, you should have an attorney review the notices you have given and the ways you have served them to make sure you have properly observed all of the necessary requirements of the timetable. A single mistake can result in serious delay in your regaining possession of the property.

Because the landlord/tenant relationship is a legal contract, you should understand its various provisions before you rent your property to anyone. Remember that, as a landlord, you will be required to provide living quarters that are safe and keep them in good repair. Your obligations for repairs can sometimes be limited under the lease. You will have to turn over possession of the property to the tenant, free from unnecessary interference from you. In return, you may collect rent and, on reasonable notice or in cases of emergency, may inspect the property. At the end of the rental term, the property must be returned to you with no damage beyond ordinary wear and tear. The landlord has certain duties to account for or refund tenant deposits upon termination of the tenancy. Many of these basic conditions apply whether or not there is a written agreement.

Tags: Eviction Information, Florida Eviction Articles, Landlord Information

Learning Guide to the Eviction Process in Minnesota

Posted: Dec 28, 2018
By: NatEvict
Comments: Comments Off on Learning Guide to the Eviction Process in Minnesota

Guide to the Eviction Process in Minnesota

An eviction action (known as Unlawful Detainer) is a court action in which a landlord asks to recover possession of the apartment or rental home from a tenant. A landlord must follow the proper legal process, and may not forcibly remove the tenant, exclude the tenant from entering the building or rental unit, change the locks, or shut off the utilities. The following information was generously provided by NationalEvictions.com

You will find on our website more information for Landlords for Filing and Tenants for Defending an Eviction.

Most common reasons for filing an eviction:

A. Nonpayment of Rent
What happens when the tenant renting your Minneapolis apartment stops paying the rent? You may file an eviction action against the tenant for failing to pay the rent when it was due. However, the tenant may stop the eviction (called “redeeming the tenancy”) by paying past due rent, costs of the eviction action (including the court filing fee), and other requirements under the lease.

B. Lease Violations
What happens when the tenant renting your St. Paul duplex violates one of the terms of your lease? The lease must contain a “right of re-entry” or eviction clause for the landlord to evict a tenant for a material breach of the lease (except for nonpayment of rent and statutory violations). This clause gives the landlord a right to evict the tenant for violating lease provisions like disturbing other residents, causing damage to the property, unauthorized persons living on the property, or unauthorized pets.

A landlord may evict a tenant who engages in the following illegal activities prohibited by MN statute:

Unlawful controlled substances in the premises or common area
Unlawful use or possession of a firearm
Stolen property in the premises or common area
Prostitution
Criminal gang activity

C. Tenant Remains in the Apartment or Rental Home After Getting a Notice to Vacate (holding over)
A holdover tenant is one whose lease has expired, or where proper notice to vacate was given, but the tenant remains in the rental unit without the landlord’s consent.

Eviction Action Procedure

It is important to serve the tenants properly when moving forward with an eviction action on tenants living in Minneapolis, St Paul, or Minnesota rental properties. Without proper service, the court will lack jurisdiction and the landlord may have to start over or ask the court to reissue the summons.

1. File the Complaint, Including:

The full name and date of birth of the tenant(s), unless not known.
Naming each adult resident whether or not named in the lease (use “John Doe” or “Jane Doe” if necessary).
Full address of the rental property for which you are trying to regain possession.
Facts which explain the reason for the eviction.
Request to recover the property (re-gain possession).

The complaint may be signed by the property owner, attorney for the property owner (an attorney may be required if the property owner is a corporation), the person entitled to possession of the property, or an agent designated by the property owner (the agent must file a “Power of Authority in Eviction Action” with the court at the time of filing the complaint.

2. Get a Summons from the Court
The court will issue you a summons, which is a written notice that informs the defendant (the tenant in this situation) that a legal action has been filed and will be heard on a specific day. You must serve the summons at least 7 days before the court date as required by MN statute, and proof of service must be filed with the court in accordance with local court rules. – Finding Process Servers for Service of the Summons and Complaint Court Paperwork from our Directory of Process Servers on NationalEvictions.com

The Landlord Must Show Compliance with Minnesota Statute 504B.181

Disclose in writing to the tenant and post in a conspicuous (easily noticeable) place on the premises the name and address of the person authorized to manage the premises (that is probably you, the landlord) and the landlord or agent authorized to accept service of process and receive and give receipt for notices and demands. OR
Tenant must have been aware of this information at least 30 days prior to filing the action.
The landlord must bring a copy of the complaint for each tenant and pay the court filing fee.

3. Serve the Summons and Complaint to the Tenant
Properly serving the tenant is critical. If the landlord doesn’t serve the renter properly, the court will lack jurisdiction and the landlord may have to start over or ask the court to reissue the Summons. The following is the proper way in which to serve the summons and complaint:

Personal Service

Must be served by a person NOT NAMED a party in the action.
Must NOT be served on a Sunday or legal holiday.
If personal service is unsuccessful, you may try:

Substitute Service
If the tenant cannot be found in the county, service can be made on a person of suitable age and discretion who lives with the tenant. If personal or substitute service was successful, the process server (the one who served the summons and complaint) files a notarized Affidavit of Service with the court. If personal or substitute service was unsuccessful (service on the tenant was attempted twice, on different days, with at least one of the attempts made between the hours of 6:00 pm – 10:00 pm, you can try ‘Mail and Post.’

Mail and Post
With Mail and Post, the summons and complaint are mailed to the tenant’s last known address and posted at the premises (e.g. posted on the door). This procedure requires the preparation of affidavits, court filings of the affidavits, mailing, and posting in proper order. Failure to do the steps and filings in the correct order can result in a case getting dismissed.

The Summons and Complaint are mailed to the renter’s last known address.
The process server signs a notarized Affidavit of Not Found.
The landlord or landlord’s attorney or agent completes notarized copies of the Affidavit of Plaintiff and Affidavit of Service by Mail.
The Affidavit of Not Found, Affidavit of Plaintiff, and Affidavit of Service by Mail are filed with the court.
The Summons and Complaint are posted on the premises at least 7 days before the court date.
The Affidavit of Service by Posting is completed and filed with the court.

4. Eviction Trial
At trial, the burden is on the landlord to show that he or she is entitled to regain possession of the premises. Proof is often shown through the use of witnesses with firsthand information, photographs, landlord testimony, and documents like the lease, payment records, and correspondence with the tenant.

Common Defenses Used By Tenants

Procedural Defenses – Landlord executed service improperly and/or completed the forms improperly.
Habitability Defenses – Landlord failed to make repairs or comply with the covenants of habitability.
Retaliation Defenses – Landlord took action in retaliation of tenant’s exercise of legal rights.
Waiver of Eviction by Rent Acceptance – Landlord accepted rent payment after eviction action was filed without a written agreement.
Trade Name Not Registered – Business operating under an assumed trade name not registered with the Secretary of State.
No “Right of Reentry Clause – Eviction action filed for a lease violation, but there was no “Right of Reentry” clause in the lease.

5. Notice of Eviction
If the landlord prevails at trial, a Writ of Recovery of Premises and Order to Vacate may be requested by the landlord for a fee. The sheriff must service the notice upon the tenant who then has 24 hours to vacate the premises. The court may suspend the issuance of the writ for up to 7 days upon showing by the tenant that immediate vacation of the premises would impose a substantial hardship.

If the tenant fails to comply with the demand to vacate the premises, the landlord must schedule a move-out date with the sheriff and notify the tenant of the time scheduled with the sheriff. The landlord may store the tenant’s personal property on the premises or use a licensed and bonded moving company to remove and store at another location.

Many times Taking a Tenant can be complicated for any property Owner. If you wish to hire an Attorney to take care of an Eviction – Find Law Firms on our Directory on NationalEvictions.com

Tags: Eviction Information, Landlord Information, Minnesota Eviction Articles, Tenant Information

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

Posted: Dec 22, 2018
By: NatEvict
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.

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: Eviction Information, Landlord Information, Tenant Information, Wisconsin Eviction Articles

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