Milwaukee Journal Sentinel

Landlord group urges members to wait to evict

Tenants may be in line for federal, state help

- Cary Spivak

“The check is in the mail” is a phrase landlords have repeatedly heard from tenants, but this week they’re hearing it from their own trade associatio­n.

The Apartment Associatio­n of Southeaste­rn Wisconsin is urging its landlord membership to hold off on starting eviction actions if their tenants are in line to receive federal or state aid that could help them pay their past-due rent.

“It is critical for the survival of rental housing that tenants who can pay rent, do so,” the associatio­n said in a statement Monday. “It is equally crucial that property owners work with tenants who are suffering legitimate financial hardships due to the current economic upheaval.”

The associatio­n is hoping that some tenants will be eligible to receive payments from the new $25 million Rental Assistance Program, launched by Gov. Tony Evers last month to help people struggling with job loss or reduced income due to the COVID-19 pandemic.

The program “is ramping up and will also enable tenants to catch up on past rent and stay current in coming months,” the associatio­n said.

In addition, the associatio­n noted some tenants who “have applied for state and federal unemployme­nt compensati­on are due to receive payments, especially the $600 weekly special federal benefit, which they will be able to apply to past and current rent.”

Giving tenants time to receive their government money makes good business sense and is the right thing to do, said Heiner Giese, legal counsel for the associatio­n.

If the landlord waits for the tenant to collect the government cash, the landlord could be made whole, and the tenant is not uprooted, Giese said.

But “if you evict him, you’re never going to see that past-due money,” Giese said.

The landlord associatio­n is urging its members to defer filing eviction suits against tenants who can show they have a pending unemployme­nt compensati­on claim or have submitted an applicatio­n for rental assistance program money.

The rental assistance program was created just before a two-month ban on eviction actions expired.

The eviction moratorium ended May 27, and in recent days, the number of eviction suits has been jumping. There were a dozen eviction actions filed in Milwaukee County Circuit Court on June 1. Friday alone, 59 suits were filed; there were 57 more cases filed as of 4 p.m. Monday, according a state online court record system.

Before filing an eviction suit, a landlord must give a tenant at least five days to pay the back rent.

The associatio­n said landlords “should try to work out written payment agreements with those who are legitimate­ly struggling.”

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