Q: My tenant stopped paying rent. He has been there for almost 10 years. During the virus, what can I legally do?
He responded that he has been laid off since November, I asked if he will be paying. He is no longer responding.
A:
Governor Evers’ Emergency Order 15 created a temporary ban on evictions.
Evers’ Order went into effect on March 27, 2020 and continues for 60 days.
1) Landlords are prohibited from serving any notice terminating tenancy for failure to pay rent.
2) Landlords are prohibited from serving any notice terminating tenancy unless the notice is accompanied by an affidavit attesting to the reasonable belief, and the basis thereof, that a failure to commence eviction proceedings will result in an imminent threat of serious physical harm to another person.
3) Landlords are prohibited from commencing a civil action of eviction unless the following conditions are met:
a. The eviction action is not based on a failure to pay rent, and
b. The judicial action seeking eviction is accompanied by an affidavit attesting that the eviction is not based on a failure to pay rent and to a reasonable belief, and the basis thereof, that a failure to proceed with the eviction will result in an imminent threat of serious physical harm to another person.
4. Landlords may not deliver a writ of restitution to the sheriff, nor may the sheriff act on eviction orders unless the following conditions are met:
a. The eviction was not based on a failure to pay rent, and
b. The writ or restitution is accompanied by an affidavit attesting that the eviction is not based on a failure to pay rent and to a reasonable belief, and the basis thereof, that a failure to process with the eviction will result in an imminent threat of serious physical harm to another person.
Additionally, the Wisconsin Supreme Court and the Chief Judge of individual counties may also have orders in place limiting the ability of landlords to file evictions or to proceed with an eviction.
The above orders to not specifically limit a landlords ability to communicate with a tenant about not paying rent though a landlord is prohibited from sending a notice to that effect.
Generally, now is a good time to try to work with tenant to see what you might be able to do to help them pay the rent.
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