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How do I delay an eviction in Wisconsin?

Published in Wisconsin Eviction Delay 4 mins read

To delay an eviction in Wisconsin, one effective method is to file a motion with the court, often referred to as seeking a hardship extension. This can pause the eviction process until a judge reviews your request.

Understanding the Eviction Process in Wisconsin

Before attempting to delay an eviction, it's helpful to understand the general steps involved. Evictions in Wisconsin typically begin with a notice from the landlord, followed by the landlord filing a lawsuit in court if the tenant doesn't comply. If the court rules in favor of the landlord, an eviction order is issued.

Key Strategies to Delay an Eviction

The primary method for delaying an eviction, especially if a court order has been issued, involves filing a motion.

1. Filing a Motion for a Hardship Extension

Once an eviction order is issued, you may be able to delay its enforcement by filing a motion with the court. This type of motion often argues that immediate eviction would cause undue hardship.

Steps to File a Motion:

  • Prepare the Motion: Draft a formal motion explaining your reasons for needing a delay (e.g., inability to find new housing immediately, health issues, financial hardship). Be prepared to provide evidence supporting your claims.
  • File the Motion:
    • E-filing: If available in your county, you can file your motion electronically with the court.
    • Personal Filing: You can also file the motion in person at the circuit court clerk's office.
  • Serve Copies: After filing, you must provide copies of the motion to all relevant parties, which include:
    • The sheriff's department (who would execute the eviction).
    • Your landlord or their attorney.

Effect of Filing:
Filing this motion can significantly delay the eviction. Once filed, the eviction process is paused until a judge has the opportunity to hear and rule on your motion. It is crucial to file this motion within 30 days of the eviction order being issued to ensure it effectively delays the proceedings.

2. Identifying Procedural Errors

Sometimes, landlords may make mistakes in the eviction process. If your landlord failed to follow proper legal procedures (e.g., incorrect notice period, improper service of papers), you might be able to use this as a defense to delay or even dismiss the eviction. Consulting with a legal aid attorney can help you identify any such errors.

3. Negotiating with Your Landlord

Before or during the court process, direct negotiation with your landlord can sometimes lead to a mutually agreeable solution that delays or prevents eviction. This could involve:

  • Payment Plans: Agreeing to a structured plan to pay past-due rent.
  • Voluntary Move-Out Agreements: Requesting extra time to move out in exchange for a smooth departure without further legal action.

4. Seeking Rental Assistance

If your delay is due to financial hardship, actively applying for rental assistance programs in Wisconsin can provide funds to cover rent and potentially halt an eviction. Many counties and state programs offer such aid.

  • Wisconsin Department of Administration - Housing: Wisconsin Emergency Rental Assistance
  • Local Community Organizations: Check with local non-profits or housing authorities for available programs.

5. Legal Aid and Representation

Navigating eviction laws can be complex. Seeking legal advice from an attorney specializing in landlord-tenant law can be invaluable. They can:

  • Advise you on your rights and available defenses.
  • Help you prepare and file necessary motions correctly.
  • Represent you in court.

Resources for Legal Aid:

  • Legal Action of Wisconsin: Provides free legal services to low-income residents.
  • Wisconsin Judicare: Offers legal assistance to low-income individuals in northern Wisconsin.
  • Wisconsin State Bar - Lawyer Referral and Information Service: Can help you find an attorney in your area.

Important Considerations

  • Time is Critical: Act quickly. The sooner you address an eviction notice or order, the more options you will have to delay or resolve the situation.
  • Documentation: Keep meticulous records of all communications with your landlord, court documents, rent payments, and any attempts to seek assistance or new housing.
  • Court Deadlines: Strictly adhere to all court-imposed deadlines for filing motions, responses, and appearances. Missing a deadline can result in the loss of your right to appeal or present your case.

By understanding these options and acting promptly, tenants in Wisconsin can potentially delay or manage an eviction process.