Wisconsinites who experience eviction sometimes lose more than a home.
Those who can’t afford to move and store their belongings may lose them, too — adding to the financial and emotional toll of displacement.
In Milwaukee County, where landlords filed for more than 200 evictions in the first week of April alone — about half of those filed statewide — government and nonprofit officials have in recent years bolstered resources for eviction prevention. But little, if any, aid is available to help residents retain or reclaim their possessions following an eviction.
What happens to a tenant’s stuff during and after an eviction? Here’s what to know.
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Eviction requires judge’s signoff
First, remember that a landlord can’t remove a tenant without a judge’s order.
It is illegal for a landlord to file for an eviction before giving a tenant a notice, usually of five or 28 days.
When tenants face an eviction, housing advocates suggest they talk to their landlords, apply for rental assistance and find legal support. Milwaukee County residents can visit EvictionFreeMKE.org to find resources, including free legal representation and information about their rights as a tenant.
Check language in lease
Milwaukee County is among jurisdictions that used to require any landlord to hire a moving company to assist a county sheriff’s office with eviction. But a 2013 state law made such requirements dependent upon leasing language.
Under that state law, landlords may dispose of items however they want to — without hiring a mover — if a lease specifies that landlords won’t store left-behind items. There is one exception: prescription medication and equipment. A landlord must hold those items for seven days and return them at a tenant’s request.
If the lease doesn’t explain how the landlord will handle left-behind property, Milwaukee County landlords must hire one of the two moving companies approved by the sheriff’s office.
Executing an eviction
When the sheriff executes an eviction, a tenant who comes to the door gets about 15 minutes to gather their belongings and leave, said Tom Brittain, president of Eagle Movers, one of the bonded moving companies in Milwaukee County certified for eviction-related moves. Sometimes tenants aren’t there when the sheriff arrives. In either case, the sheriff decides what goes with the moving company, according to Brittain.
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Pamphlets titled, “Eviction Prevention and Security Deposit Assistance”.
The movers do not take items the sheriff declares as junk, such as dressers with missing drawers, stained beds or insect-infested furniture, Brittain said. Due to safety concerns, the company also leaves clothing that’s on the floor or dirty. A landlord can ask the movers to place “junk” items on the curb for garbage collection.
State law requires the sheriff to mail a notice to the tenant’s last known address within three days of the removal of possessions. The notice must tell tenants where they can retrieve their possessions.
Landlords and tenants must pay the moving company. In some counties, the moving company’s monthly storage can cost more than the tenant’s rent. Eagle Movers charges landlords $220 per hour for five movers and a truck, Brittain said. The company charges tenants $30 per month for every 100 cubic feet plus a $60 labor charge, Brittain said.
If items go unclaimed for two months, Brittain notifies the tenant by phone, email or letter that their belongings will be sold. About 60 to 70% of people reclaim their belongings, Brittain said.
“I’ve always looked at us as kind of a lifeboat for tenants,” Brittain said.
Currently, there aren’t any programs that assist people with funding to rent trailers or U-Haul vans to move their belongings. But Heiner Giese, an attorney who represents the Apartment Association of Southeastern Wisconsin, said there should be.
“They’ve given (millions) to pay for lawyers to help tenants, which is all well and good. They can get a delay or they can get the case dismissed,” Giese said. ”But jeez, you know, they should take some of that money, a very small amount of it and they could really do some good by having a fund available for tenants.”
What happens to pets during an eviction?
Sometimes tenants manage to remove their belongings before the sheriff arrives but struggle to find a place for their pets.
Surrendering a pet to an animal shelter can be difficult due to a lack of capacity. Karen Sparapani, executive director of the Milwaukee Area Domestic Animal Control Commission, has seen cases in which a tenant will return to their former rental every day to feed the animal until the sheriff executes the eviction. In other cases, pets are left to starve, said Sparapani.
The sheriff calls Sparapani’s office to pick up animals left behind during an eviction, typically dogs over 40 pounds and many cats, Sparapani said.
The agency will put pets up for adoption if they go unclaimed for more than eight days.
“We can work with somebody who has time to find a place, and we work with them on fees too,” Sparapani said.
Pet owners who return must pay a boarding fee of $20 a day, plus a $25 impound fee for a licensed animal and $35 for unlicensed animals, Sparapani said. Any necessary vaccines or other treatment will add costs.
News414 is a service journalism collaboration between Wisconsin Watch and Milwaukee Neighborhood News Service that addresses the specific issues, interests, perspectives and information needs identified by residents of central city Milwaukee neighborhoods.
Residents in These States Are Most Likely to Face Eviction or Foreclosure
Residents in These States Are Most Likely to Face Eviction or Foreclosure
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When the economy spiraled down into a recession in 2020, the nation’s unemployment rate skyrocketed to 14.8% in April. A total of 22 million jobs were lost between January and April.Amid a foundering economy and the uncertainty of a pandemic, millions of laid-off workers had to face another stark reality: how would they pay rent? The housing bubble of 2008 brought to mind the possibility of millions of homeowners defaulting on their mortgages, compounding the sting of an already painful recession. Fortunately, the CARES Act helped divert what would undoubtedly be a flash flood of foreclosures and evictions by imposing moratorium provisions. Over time, those measures evolved and were extended (including through a recent Supreme Court decision to maintain a separate eviction moratorium issued by the Centers for Disease Control and Prevention), providing ongoing relief for homeowners and renters.As a result, the number of foreclosures reached an all-time low, plunging to just 11,000 in Q1 2021, a figure that the Federal Reserve Bank of New York said was “by far the lowest number of foreclosures we have seen since the beginning of our series in 1999.” However, the decline in foreclosures didn’t tell the whole story. While foreclosure numbers remained at unprecedented low levels due to moratoriums, renters and homeowners fell further behind on payments, according to the U.S. Census Bureau’s new Household Pulse Survey.
Foreclosures have reached all time lows due to the federal moratorium
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Census data collected between August 2020 and June 2021 shows that at any given time, about 6.6% of Americans were behind on their housing payments; and of those, 32.4% felt they were at risk of foreclosure or eviction in the coming months. Notably, minority populations were at the greatest risk of both missing their housing payments and facing foreclosure or eviction. During that time period, 5.8% of non-Hispanic White adults reported falling behind on their rent or mortgage payments, compared to 12.0% of Asians, 14.4% of Hispanics, and 18.5% of Blacks.Even with moratoriums in place, not all households met the criteria required to be eligible for such programs. Similar to payment status, non-Hispanic White and Asian residents were least likely to report eviction or foreclosure risk, while Hispanic and Black residents were the most likely.
Minority groups face a higher likelihood of eviction or foreclosure
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At the state level, residents in the South and Midwest reported the highest rates of foreclosure or eviction risk. Forty-one percent of adults in Louisiana who were behind on their housing payments also felt they were at risk of eviction or foreclosure, with those in Wyoming, Nevada, New Mexico, and Oklahoma close behind. All five states were at least five percentage points higher than the national rate of 32.4%.Meanwhile, the Northeast fared the best among all regions. Seven of the 10 states with the lowest eviction or foreclosure risk were located in the Northeast, with Vermont leading the way with a nationwide low of 23.4%.To determine the states where residents are most likely to face eviction or foreclosure, researchers at Filterbuy analyzed data from the U.S. Census Bureau’s Household Pulse Survey. The researchers calculated the percentage of adults living in households behind on their rent or mortgage where eviction or foreclosure in the coming months was likely. The statistics shown are averages from August 2020 through June of 2021. In the event of a tie, the state with the higher share of adults behind on their rent or mortgage payment was ranked higher.Here are the states where residents are most likely to face eviction of foreclosure.
15. Iowa
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Share of adults behind on payments at risk of eviction/foreclosure: 35.1% Share of adults behind on rent/mortgage payments: 4.7% Total adults behind on payments at risk of eviction/foreclosure: 38,093 Total adults behind on rent/mortgage payments: 110,604
14. Ohio
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Share of adults behind on payments at risk of eviction/foreclosure: 35.1% Share of adults behind on rent/mortgage payments: 6.3% Total adults behind on payments at risk of eviction/foreclosure: 200,969 Total adults behind on rent/mortgage payments: 558,584
13. Texas
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Share of adults behind on payments at risk of eviction/foreclosure: 35.1% Share of adults behind on rent/mortgage payments: 7.3% Total adults behind on payments at risk of eviction/foreclosure: 555,763 Total adults behind on rent/mortgage payments: 1,557,612
12. Indiana
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Share of adults behind on payments at risk of eviction/foreclosure: 35.6% Share of adults behind on rent/mortgage payments: 6.2% Total adults behind on payments at risk of eviction/foreclosure: 109,025 Total adults behind on rent/mortgage payments: 309,783
11. North Carolina
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Share of adults behind on payments at risk of eviction/foreclosure: 35.7% Share of adults behind on rent/mortgage payments: 6.2% Total adults behind on payments at risk of eviction/foreclosure: 177,934 Total adults behind on rent/mortgage payments: 499,571
10. Nebraska
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Share of adults behind on payments at risk of eviction/foreclosure: 35.9% Share of adults behind on rent/mortgage payments: 4.5% Total adults behind on payments at risk of eviction/foreclosure: 22,751 Total adults behind on rent/mortgage payments: 63,679
9. Tennessee
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Share of adults behind on payments at risk of eviction/foreclosure: 36.0% Share of adults behind on rent/mortgage payments: 6.2% Total adults behind on payments at risk of eviction/foreclosure: 114,266 Total adults behind on rent/mortgage payments: 323,852
8. Oregon
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Share of adults behind on payments at risk of eviction/foreclosure: 36.5% Share of adults behind on rent/mortgage payments: 5.6% Total adults behind on payments at risk of eviction/foreclosure: 69,410 Total adults behind on rent/mortgage payments: 185,556
7. Mississippi
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Share of adults behind on payments at risk of eviction/foreclosure: 37.0% Share of adults behind on rent/mortgage payments: 7.4% Total adults behind on payments at risk of eviction/foreclosure: 59,993 Total adults behind on rent/mortgage payments: 161,593
6. Georgia
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Share of adults behind on payments at risk of eviction/foreclosure: 37.8% Share of adults behind on rent/mortgage payments: 7.9% Total adults behind on payments at risk of eviction/foreclosure: 244,102 Total adults behind on rent/mortgage payments: 629,117
5. Oklahoma
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Share of adults behind on payments at risk of eviction/foreclosure: 37.8% Share of adults behind on rent/mortgage payments: 6.3% Total adults behind on payments at risk of eviction/foreclosure: 70,412 Total adults behind on rent/mortgage payments: 185,362
3. Nevada
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Share of adults behind on payments at risk of eviction/foreclosure: 38.9% Share of adults behind on rent/mortgage payments: 8.3% Total adults behind on payments at risk of eviction/foreclosure: 76,840 Total adults behind on rent/mortgage payments: 200,206
2. Wyoming
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Share of adults behind on payments at risk of eviction/foreclosure: 40.9% Share of adults behind on rent/mortgage payments: 5.4% Total adults behind on payments at risk of eviction/foreclosure: 9,877 Total adults behind on rent/mortgage payments: 23,627
1. Louisiana
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Share of adults behind on payments at risk of eviction/foreclosure: 41.0% Share of adults behind on rent/mortgage payments: 7.8% Total adults behind on payments at risk of eviction/foreclosure: 110,241 Total adults behind on rent/mortgage payments: 267,943