Landlord threats...and eviction?

[taryn31]

Recently I lost my job and it was very unexpected. I realize this isn't an excuse to not pay rent but when I lost my job we didn't have any money to pay rent on time and we kind of need the ready of the money to move back in with family members until me and my family can get back on out feet. So we hasn't been paying rent and are a month behind. I have two daughter which recently my last was just born and my wife isn't working. My landlord said he is going to file with the courts and that we are going to go to jail....I don't know Wisconsin law but that sound like a bunch of crap to me. He also said we have to get out by the 13th but I thought you had to have a judge tell you when to get out if your getting evicted. Can someone help here? We have no family in this state and can't end up homeless. We are having to spend my paycheck s on moving five states away. I'm not purposely trying to screw the guy but he isn't being nice about anything.

[ammi]

If you are 30 days behind in rent, he can start the eviction process. You will have to go to small claims court. Most Circuit Courts in Wisconsin will give the landlord the power of eviction the same day as the court hearing. You will still have 5 days to move. He cannot send you to jail just for not paying rent.

[warton26]

No, you don't go to jail and the eviction procedure varies by state, but there is no way he can get you evicted that quickly. Contact your local court self help for tenant/landlord rights. You need to be served with Court papers and given a court date prior to being evicted. Sounds like since you have not paid he has grounds to evict you and will win his case. If you are not out by the date of the notice of eviction then the sheriff can come escort you off the property. Not take you to jail.

[dacy17]

The landlord will likely give you a three day pay rent or vacate notice. (If he hasn't already done so.)

If you don't pay rent by the end of the third day, he can go to court and request that a judge sign an unlawful detainer action against you. The judge will absolutely sign this based on your failure to pay rent (and the inability to pay rent is not a legal defense, nor is having young children). In addition to signing your eviction notice (something that will ruin you and your wife's rental history), the judge will also enter a judgment against you for the past due rent and ALL of the costs and fees associated with evicting you.

You will then have at least 24 hours to move out on your own. If you don't, your county sheriff will show up to forcibly evict you and you could potentially be arrested.

You ARE purposely trying to screw this guy. You are staying in a place without paying for it. You don't have the right to make him pay for you to have a place, but this is what you are doing. He doesn't HAVE to be nice about this. He isn't your friend or a relative. You have a business relationship and you are screwing him. Call your family and get them to send you the money for rent or moving expenses. You don't have the right to leech off of your landlord.