Tenant in jail, want to evict!

[papashaq]

What is the name of your state (only U.S. law)? WI

Hi all, I have a tenant that has fallen behind in rent payment the last couple of months. We agreed on a payment plan for the missed rent that he signed. He hasn't come thru with any payments as agreed upon and missed more rents. He promised me he would be out by the 1st of this month so I could rerent it. I posted an ad for his unit, but noticed that towards the end of last month that he was not going to be out in time for a new renter. So I reluctantly didn't rent it, but I have perspective tenants that would like to rent it. I want him out and fast, so I can re rent it. The problem is I just found out he is in jail and will be for the next 15 or so days. (His girlfriend called me to inform me of this) He hasn't paid rent for the past 3 to 4 months and if I give him a 5 day pay or quit he is not going to pay in 5 days and then have to file an eviction for $100 and have him served for another $125. Then wait for a court date sometime within the next month and a half to two months, get the eviction and give him 2 weeks to get out, so I am looking at being able to rerent in February instead of Nov.

OR, can I consider the unit to be abandoned and have him out now and sue later for past rent?

Do I have any options here to get him out asap? He is on a verbal month to month lease, or do I have to go thru the 3 month process and lose $1000's that I will never see from him? What can I do? What are my options. Thanks in advance for any help.

[acmb05]

Originally Posted by papashaq

What is the name of your state (only U.S. law)? WI

Hi all, I have a tenant that has fallen behind in rent payment the last couple of months. We agreed on a payment plan for the missed rent that he signed. He hasn't come thru with any payments as agreed upon and missed more rents. He promised me he would be out by the 1st of this month so I could rerent it. I posted an ad for his unit, but noticed that towards the end of last month that he was not going to be out in time for a new renter. So I reluctantly didn't rent it, but I have perspective tenants that would like to rent it. I want him out and fast, so I can re rent it. The problem is I just found out he is in jail and will be for the next 15 or so days. (His girlfriend called me to inform me of this) He hasn't paid rent for the past 3 to 4 months and if I give him a 5 day pay or quit he is not going to pay in 5 days and then have to file an eviction for $100 and have him served for another $125. Then wait for a court date sometime within the next month and a half to two months, get the eviction and give him 2 weeks to get out, so I am looking at being able to rerent in February instead of Nov.

OR, can I consider the unit to be abandoned and have him out now and sue later for past rent?

Do I have any options here to get him out asap? He is on a verbal month to month lease, or do I have to go thru the 3 month process and lose $1000's that I will never see from him? What can I do? What are my options. Thanks in advance for any help.

At this point your only option is to go through the eviction process. Does it really cost $125 in WI to have some one served? And what is with the month to month and a half for a court date? Are they that backed up there?

[Cvillecpm]

Find a local property manager who can recommend a GOOD landlord-tenant attorney and once tenant is evicted, hire the property manager to manage your property

[papashaq]

acmb05, thanks for the constructive reply, unlike our friend Cvillecpm. I figured that would be the route I would have to take, I was just hoping to get him out soon. I have never had to evict a tenant in jail before.

Originally Posted by acmb05

Does it really cost $125 in WI to have some one served? And what is with the month to month and a half for a court date? Are they that backed up there?

Yes, in my county anyhow to have the sherrif serve papers it averages that much, you actually have to write out a check for more and then they refund you any overpayment dependant on how many contact attemps they make. As far as the length of time, when we file for eviction it is usually close to month to get a court date. Then when we finally do get a date and the tenant shows up, the judge won't here the case and send us directly to mediation. Most tenants know this so they show up. If we can't come to an agreement to in mediation then we set another court date, again usually about a month later before the judge even hears the case. Then if you win the judgement for eviction it could take another 2 weeks for the sherriff to come remove said tenant. It's rediculous they way they do it here...very tenant friendly. Meanwhile us landlords take it in the you know what, sure we sue for the months they stay there, but we never see a dime of it.