(Objective 3: Gain knowledge of legal procedures related to rental agreements.)
Suggested Introduction: Eviction is the legal process a landlord may follow when a tenant has violated a term of the rental agreement and not corrected the violation. The process begins as the landlord notifies the tenant of the violation and provides a notice to remedy (cure) the violation or to move out of the rental unit. If the tenant does not fix the violation within the specified timeframe, or move out, the landlord may begin an eviction process. It is illegal for a landlord to lock a tenant out, shut off their utilities or force them out of the unit. The Eviction Process is outlined on Handout 6.
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Provide Handout 7: General Eviction Process Chart. Review the flow chart with the full class, emphasizing it is a legal, court driven process not a landlord driven process. This is only an overview of the process. Participants with specific questions about evictions should consult an attorney. The purpose of this discussion is to help participants understand why they should avoid eviction. Ask participants to identify problems that occur if you are evicted. Some of the problems eviction can cause for tenants include:
- Eviction judgements result in long term court records, which future landlords may check when you apply for new housing. Evictions are currently posted on Wisconsin Consolidated Court Automation Program (CCAP) for 20 years.
- Evictions may be posted on your credit report and can make it more difficult to get credit. They may remain on your credit report for 7-10 years.
- The eviction judgement may require you to pay double the rent you owe and statutory costs and fees, such as the filing fee, cost of service, and statutory attorney’s fees.
- To avoid the sheriff from executing the writ, it is in your best interest to leave as promptly as possible. Once the sheriff receives the writ, he/she has to execute (bring it to your rental unit) within 1 to 10 days, and remove you and any other occupants.
- You may lose possessions in the unit if the writ is executed before you move out.
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