(File photo by Adam Carr)
Editors note: An earlier version of this story stated that the hold on evictions does not offer protections for people on month-to-month leases. This was incorrect. Those with month-to-month are also protected from evictions under Gov. Evers emergency order.
You’ve hopefully heard that Gov. Tony Evers has ordered us to stay inside and practice social distancing with his Safer at Home directive.
But, as some housing advocates point out, it’s not possible to stay safer in your home if you’re forced to leave it.
On Friday, Evers issued an emergency order to put evictions and foreclosures on hold throughout Wisconsin for 60 days.
“During this time individuals, families, and small businesses may see disruptions in paychecks,” Evers said in a statement. “This is another step we can take to prioritize the health and safety of Wisconsinites.”
What does that mean for Milwaukee renters and homeowners who may be struggling to make payments because of the COVID-19 pandemic?
We break it down for you.
Do I have to pay rent on April 1?
The short answer is yes, even if you lost your job because of COVID-19.
Evers’ order stopped evictions, but it didn’t suspend rent.
You are still obligated to pay your rent and could be responsible for back rent after the 60 days, unless you work out a new formal agreement with your landlord.
“Pay what you can, if you can,” recommended Colleen Foley, the executive director of the Legal Aid Society of Milwaukee, which provides free legal services to people with lower incomes who need representation.
Foley said she knows that some families need to make difficult decisions at the end of the month, such as paying for food or making rent, because of COVID-19.
“This is a global health crisis and a financial crisis,” she said. “But the governor expects people to be responsible as much as they can.”
Could this change?
Probably not, but we’ll keep you updated.
Milwaukee Autonomous Tenant Union, also known as MATU, is a new citywide tenant advocacy organization that’s pushing for a freeze on rent, mortgage and utility bills during the pandemic.
“Most working people are living paycheck to paycheck, and we can’t expect that after however long this lasts that people would be able to pay that back,” said Jay Geils, an organizer for MATU. “It could lead to a really horrible housing crisis.”
Though the organization is advocating for a rent freeze, it is not encouraging a rent strike and is still advising people to pay rent if they can.
“We wouldn’t recommend that people withhold rent because of the ways landlords can retaliate,” Geils said. “The landlord can then just file for an eviction later.”
What should I do if I can’t afford rent right now?
If you can’t make your rent payment by April 1 because of a COVID-19-related reason, Deb Heffner, the strategic housing director at Community Advocates, said you should talk with your landlord about the changes to your income, and reach out to local organizations to try to get short-term assistance.
“Try not to wait,” she said. “If you know that you will need help, seek resources now.”
She said staying on track with payments will help prevent bigger issues when the hold on evictions is over.
Organizations like Community Advocates offer emergency rent assistance and can make referrals to other services.
If I don’t pay this month, will I be evicted?
No, definitely not for the next 60 days.
The emergency order prevents landlords from evicting tenants until at least May 26.
Not only does that mean that you can’t be forced from your home before May 26, it also means that landlords can’t begin any part of the eviction process before that date.
If your landlord violates the governor’s order and tries to evict you in the next 60 days, you can report them to the state Department of Agriculture, Trade and Consumer Protection.
Foley also recommended you contact at lawyer at the Legal Aid Society of Milwaukee.
Is there a catch?
Kind of. Since the eviction ban does not waive rent payments, tenants are still accountable for the payments they miss.
That means that after 60 days, landlords technically could file for an eviction for nonpayment.
“What this will do in the immediate future is keep people safely in their homes and getting the services they need,” Foley said. “The real concern is what happens when thing go back to normal. We’re anticipating a tidal wave of eviction work.”
Since evictions happen in civil court, tenants are not guaranteed legal representation, but organizations like Legal Aid can represent tenants facing eviction for free if their income qualifies.
Legal Action of Wisconsin’s Eviction Defense Project, which also provides legal representation to tenants, is suspended until further notice.
What if I’m a homeowner?
Just like renters, under the governor’s order you are still accountable for your mortgage payments, but your home cannot undergo foreclosure proceedings for the next 60 days.
So if you can, you should still pay.
If you can’t make mortgage payments because of a loss of income from COVID-19, Foley recommended you contact your mortgage company to try to work something out.
Lenders across the country are recognizing the financial strain that this pandemic is putting on borrowers.
You could also look into options for modifying your loan if your income has changed.
Either way, you can’t be foreclosed on right now.
Also, the U.S. Department of Housing and Urban Development put foreclosures on hold for 60 days for single-family homes with mortgages backed by Fannie Mae and Freddie Mac.
Will all my utilities stay on, even if I’m short on cash to make my payments?
Yes.
Last week, Evers made an order that suspends all utility shut-offs and also restricts utility companies from charging late fees for the duration of the public health emergency.
But just like rent and mortgage payments, if you can make them, you should continue to.
Lastly, if you are in need of energy assistance, you may be eligible. The income guidelines have changed due to COVID-19. You only need to show proof of income loss for one month instead of three.
Resources for tenants, landlords and homeowners:
● Community Advocates is opening up a special rental help line, specifically as a result of COVID-19, to connect people to rent assistance as well as other benefits including energy assistance, unemployment and foodshare.
The organization also provides services for landlords, including mediation and assistance working out agreements between tenants and landlords.
You can call 414-270-4646 or email renthelp@communityadvocates.net.
● Mediate Milwaukee offers mediation for tenants, landlords, homeowners and lenders to help work through conflicts and come to agreements. You can call them at 414-939-8800 or email them at apply@mediatemilwaukee.com.
● Legal Aid Society of Milwaukee can provide legal assistance to income-eligible tenants in dispute with landlords, as well as to homeowners. You can call them at 414-727-5300.
● Metropolitan Milwaukee Fair Housing Council can help homeowners protect themselves from mortgage and foreclosure prevention scams, as well as from predatory home loans. You can call them at 414-278-1240.
● Housing Resources Inc. can provide counseling to homeowners and has programs to help people prevent foreclosure. You can call them at 414-461-6330.
● If you think you are at risk of becoming homeless, you can always call 211 or text your ZIP code to TXT-211 (898-211).
● If you want to learn more about evictions in the city or see your landlord’s track record of evictions, you can check out the maps and data on mke-evict.com.
Do you have any other questions about essential services or how your daily life will be impacted by COVID-19? Let us know. You can email info@milwaukeenns.org or you can text our reporter Allison at 262-497-5927. We’re listening, and we’ll look into it.
Correction: An earlier version of this story incorrectly labeled the Legal Aid Society of Milwaukee as the Legal Aid Society of Wisconsin.
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There will be a few landlords who will still try to evict tenants for non-payment. We need to watch and call out those that do so.
At the same time, it is time for us to re-think the process and the outcome of eviction. Too many families never get a second chance to move forward due to something that happened in the past. Matthew Despond’s book “Evicted” highlighted the need for reform yet seemingly little has changed for those living on the margins.
Thank you Milwaukee Neighborhood News Service for all you do to support our community
David Nelson,
After spending a couple decades skipping things like fancy restaurants, expensive food, fancy clothes, high end cell phones, vacations, fancy/new vehicles (Drive 10+ year old beater W a heater) et al. I now have 2 duplexes. I am handicapped, multiple chronic genetic illnesses, and work full time. I rent at or below Milwaukee Market value for the neighborhoods. I count on this added income to primarily pay for my medical bills and for when my health deteriorates, to replace my job income.
My average loss on a turnover of a unit is $1500 in repair value. Last unit I paid someone, due to health issues. 38 hours x $35/hr. plus ~$600 in supplies (paint, drywall compound, cleaning supplies, caulk, etc.). $2,000 for a turnover, and that was WITHOUT eviction. It was however due to kids W crayons leaving murals on the walls among many other things.
I would be OVERJOYED if every tenant stayed forever. Or if they would pay rent until they wanted to move and kept the place in good condition. You know, treated it like they owned it. I would be happy if any tenant that needed financial help would be honest, straightforward, and open so I could HELP THEM GET AID… So, I wouldn’t have to evict anyone ever.
The sad fact is tenants come in a bell curve. Just as many treat it like they own it as they treat it like you are a criminal for giving them a place to live. The majority just do not understand the cost of home ownership, which is why they rent.
===Example J===
J rented from me. Great tenant. Always on time with rent. Polite, friendly, obeyed the rules, let me know if anything went wrong. This was a very good tenant… When they moved out, I had to:
Remove and patch over 100 screw in wall anchors.
repaint all rooms due to patching.
Fix/replace 2 door trims where furniture took out chunks during move.
Scratches/damage to hardwood floors.
Spent about 40 hours fixing. About $300 in materials. Sadly, this is about average when I turn over a unit. 20-60 hours and $200 to $1,000 in materials… There are always outliers though. But I see it as $1500 is a good estimate of the repair value when an average tenant leaves a unit.
===End Example J===
Landlords HATE evicting people. It is stressful, financially harmful to the landlord, and those are the tenants that often trash the place. I have never met a landlord that ENJOYS evicting people. Most will try to work with the tenant to make sure it doesn’t happen… At least until horrible tenants burn them out and they have no patients for the bad tenants anymore.
From a Landlord who often gets the short end from tenants (most of my renters say I am “Too Nice”), here is what I have learned:
1) When a tenant stops paying rent and you are forced to go through eviction. If you get a judgement in court, it is rare to get a penny from the tenant.
2) When you are evicting a tenant, they will do things like:
a) Take drawers from built ins/shelves & rods from closets/shelves & cabinet from pantry. Yeah, they pulled the cabinets off the wall.
b) pour concrete in sinks/toilet to get back at you for evicting them… for them not paying rent.
c) steal anything they can – grill, snow shovels, salt buckets, light fixtures, wall plates, toilet, kitchen sink, etc. Yeah, had a tenant steal the toilet. WHY???
===V, a Case history===
I have had 3 tenants like V in this example:
No pet policy – V had a small dog. V would hide/drop at a relative’s place when I gave V notice for entry so I would not find out about the pet.
2 months non-payment of rent. Started eviction notices at 30 days nonpayment as I tried to work with V. V cared more about getting nails and hair done, spa treatments, massages, and partying than paying rent, as seen on V’s social media. Which was screen captured for evidence against V.
I hired an eviction company after V refused to leave at end of notice.
Took over 2 months additional to evict. Out 4 months’ rent while V lived there for free, and I still had to pay mortgage, maintenance, upkeep.
After I filed for eviction, V did the following:
1) Claimed to utility company she moved out and placed utilities back in my name.
2) Stopped taking the trash out and left it pile up on the hardwood floors. Spring/Summer so it rotted and became a solid pool of goop. That puddle alone took 3-4 hours to remove to even see the hardwood flooring.
3) Stopped taking out baby diapers and piled on hardwood floor.
4) Let the dog do its deeds in the house and not clean it up.
5) Started pouring all cooking/food waste on the hardwood floor next to kitchen stove.
6) When V was not in unit would blast radio on CD Loop of Dance music to annoy other tenant.
7) Stole:
a) toilet
b) all shelves from cabinets
c) shelves from pantry
d) cabinet from pantry
e) drawers from bathroom built in
f) all outlet plates
g) 2 ceiling fans
h) gas grill from another tenant
i) destroyed washer and dryer
The company I hired to do the eviction won a judgement for HALF A MONTH RENT. They charged me $500 which was HIGHER than the judgement.
When I contacted them about damages, they told me case was closed.
I took video and picture documents and turned her over to social services and MADAC due to treatment/living conditions for child and dog.
6 years later, V still has paid $0.
I lost 3 months additional rent repairing and rebuilding the unit. 8 months total lack of rent by the time next tenant was in.
I spent roughly $20,000 fixing what V did and countless hours in cleaning and repairs.
===End V===
So, coming from a struggling landlord… where is the bailout for the landlords? We still need to pay our mortgages while our tenants can say things like “Now I don’t have to pay rent for 60 days, then another 2-3+ months’ rent free while I am being evicted.” This is literally stealing money from landlords who often took risks and made sacrifices to get where they are. Unless you forgive mortgages & taxes to landlords adversely affected by this policy during the time affected, you are removing property rights without compensation. You know against 5th and 14th amendments to the constitution if I recall. The Taking Clause alone fits as the state is taking the property for 60 days in order to make sure people are not evicted. Yet the Landlords must still pay mortgages, taxes, upkeep, common area expenses and any other expenses related. This is literally taking private property for public use. If the tenant does not pay, the government should compensate for that rent loss at either the contractual value or the market value. Not a lawyer, but that seems to have a very strong legal footing here.
I do month to month leases now because of V. Even at that point when you do not renew the lease I have had several tenants still fight leaving and destroy/damage/loot the place. This order means I can still do a non-renewal of lease if the tenant is bad in order to mitigate my losses. This is not an issue that pertains to me at this point in time, or so I hope. But other landlords I know are having Tenants like V that will now get multiple additional months to destroy the units without compensation. Landlords are not evil, they are people who made an investment in giving people a place to live.
Why can’t Landlords shame tenants who destroy rental units? You want to shame Landlords that evict horrific tenants, but you seem to forget every eviction has a reason. Why can’t we make those reasons public also?
Why should other landlords have to rent to people that do these horrific things and get the same results? Why can’t there be a housing database so that Landlords can look up their prospective tenants and if the tenant is a high risk/vandalized/destroyed property know beforehand and then avoid that tenant.
Who in their right mind thinks, as a tenant, doing things like V is OK? I suggest mental health spending and service increases in Milwaukee and MANDATORY classes for people that are looking to rent. Just like you get a driver’s license, a renter’s license would save me a lot of worry every time I look for a tenant. Ah, your rental history is 3-6 months at any given address and then evicted for the last 4 years. I don’t want to take that risk. Just like a job candidate, I want living history and references. Problem is many bad renters get friend’s/families to pose as such. Or just lie and say it is their first place. A Renter’s License with a 5-year window and it gets expunged, unless it involves excessive damage like in the case of V, would help both Renters and landlords. Maybe set up like a Credit Score? A good Renter with a good Renting Record I would gladly give a discount to. A Bad renter with a bad record I would ask for higher Security Deposit and higher rent for the risk.
How were these people raised to think behavior, like V, is acceptable? Can they go back to their parents and be trained to correctly live? 2? additional years living with their parents might do them some good. Would you be willing to rent your place to a tenant like V? Or have V as a room mate?
Oh, and if you read any race into this, you are the one who is wrong. V was white. I hate our society often judges on this, but tenants like V are from all Races, Creeds, Colors, and Genders. Yes, I have heard of even a Demi-Vapor Gendered person acting like V…
Sincerely,
Hugh
Thank you for sharing!! Extremely useful information
I am a disabled person and rely on the income from my rental to pay my mortgage and living expenses. The current tenants are both still working and have now refused to pay ANY rent for April because of this liberal governors emergency order. Most landlords are not independently wealthy and are in no position to provide free rent to people who take advantage of this order.
When will this law pass!? This law is extremely frustrating for us landlords! Our tenants are using this as an excuse to not pay rent!! We know they have money because they throw a party and keep ordering stuff! How do you have a conscience of throwing a party and ‘celebrating’ when you didn’t even pay rent?!! Also, the audacity they have to have their party guest hog up all our property! It didn’t say they can have guest park on our property in the contract! We even let them use our laundry for free (that they are still using and are not paying rent)!