Evicting During Winter Months

[Ivan Cortez]

I have a duplex in Wisconsin and the upper tenant has just notified me that she lost her job 3 weeks ago and doesn't have money for rent this month. She said she has requested a check out of her 401K to cover rent but doesn't know when the check will arrive. When we mentioned possible eviction for non-payment, she was shocked that we would consider evicting her during winter. 

For context, the tenant is an elderly lady in her 70's who lives alone. I am writing this post in December in Wisconsin. She is currently just on a month-to-month. 

From what I have read, it is perfectly legal to evict someone in the winter. The fact that she is elderly and living alone does make me pause and consider what other options there may be which is what brings me here. Any thoughts on how others might handle this situation? 

[Kevin Sobilo]

@Ivan Cortez, of course she is shocked that you mention eviction! A few things to think about:

1. She is shocked not only because it is winter, but because you have a tenant COMMUNICATING a TEMPORARY situation.

2. Someone's home is one of the BIGGEST and MOST IMPORTANT things in their life! So, to casually mention eviction before investigating how this might be resolved in a positive way would shock any rational person.

3. Some people do believe that you cannot evict in winter. Some state's may have protections like that. Mine does not. However, in my state utility shutoffs are not allowed in winter and that gets people confused sometimes.

4. She may have also been shocked because jumping to eviction in a situation like this seems short sighted. In my state, if I moved to evict it might take ~2 months to get them out and then several more weeks to have the next tenant in place. So, I would expect to lose 3 months rent maybe more. It's short sighted because it sounds like there is a high likelihood this current tenant will pay.

5. If I wasn't certain her story tracked, I would ask for documentation of her 401k balance and her application to withdraw money. That would be more than enough for me with a tenant I have a track record with.

6. In addition, I would give the tenant information about the local place that handles rental assistance programs. She might qualify to get a month's rent paid because of this employment disruption.

7. I would also send the tenant information about food pantries etc in the area. If they are struggling then money they spend in one area affects their ability to pay other bills like rent. Its also the right sort of thing to do to try and help someone navigate a difficult time.