Governor Evers Prohibits Notices Terminating Tenancy and Eviction Actions for Sixty Days Unless There is Imminent Threat of Serious Physical Harm

Posted by Tristan R. Pettit, Esq. in COVID-19 / Comments

Governor Evers issued an Order today prohibiting notices terminating tenancy, eviction actions and the filing of writs unless based on the imminent threat of serious physical harm to another person for the next sixty (60) days.

In relevant part, the Order states as follows:

1. Landlords are prohibited from serving any notice terminating a tenancy for failure to pay rent.

2. Landlords are prohibited from serving any notice terminating a tenancy unless the notice is accompanied by an affidavit attesting to the reasonable belief that a failure to commence eviction proceedings will result in an imminent threat of serious physical harm to another person.

3. Landlords are prohibited from filing an eviction unless the following conditions are met:

     a. The eviction action is not based on a failure to pay rent, and

     b. The judicial action seeking eviction is accompanied by an affidavit attesting that the eviction is not based on a failure to pay rent and to a reasonable belief that a failure to proceed with the eviction will result in an imminent threat of serious physical harm to another person.

4. Landlords may not deliver a writ of restitution to the Sheriff, nor may the Sheriff act on eviction orders unless the following conditions are met:

     a. The eviction order was not based on a failure to pay rent, and

     b.The Writ of Restitution is accompanied by an affidavit attesting that the eviction is not based on a failure to pay rent and to a reasonable belief  that a failure to proceed with the eviction will result in an imminent threat of serious physical harm to another person.

The Order does specify that it does not relieve a tenant of the obligation to pay rent or any other obligation “an individual may have under a tenancy.”

The Order also prohibits your lender from filing a foreclosure action against you, if you happen to be having difficulty meeting your obligations since you may not be receiving rent from your tenants, for 60 days.

We will continue to keep you apprised as this situation develops.

Hang in there.