Comments on: NEW PUBLISHED CASE ON EMERGENCY ASSISTANCE STAYS http://petriestocking.com/blog/2009/05/01/new-published-case-on-emergency-assistance-stays/ Tristan's Landlord - Tenant Law Blog Tue, 15 May 2012 19:37:19 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Tristan R. Pettit, Esq. http://petriestocking.com/blog/2009/05/01/new-published-case-on-emergency-assistance-stays/comment-page-1/#comment-246 Tristan R. Pettit, Esq. Tue, 29 Dec 2009 23:14:35 +0000 http://petriestocking.com/blog/?p=20#comment-246 Debbie - Thanks for your comment. Please understand that I cannot give out legal advice through this blog -- which means I cannot advise you want to do under your specific fact scenario. I can however tell you a little bit about the law surrounding your issues. When you indicate a payment from Maximus you are referring to an Emergency Assistance payment that a tenant that has children can apply for when they face impending homelessness (usually after they have been served a notice for failing to pay rent). The law in Wisconsin is clear that if a tenant has applied for Emergency Assistance (EA) then they cannot be evicted until they have been approved or declined the EA and until they receive the EA monies. This delay must be reasonable (as determined by the eviction judge). A landlord can opt to refuse the EA payment and often this is what Landlord's choose to do becasue the EA payment is a nominal amount that usually does not cover the amount of rent owed. Also by accepting the EA finds you must agree not to continue to evict the tenant. By siging the Maximus form (at least the forms that I have seen) you have agreed not to evict the tenant and in return Maximus will give you the tenant;s EA money. You are dealing with a bureacracy (Maximus) so the EA payments are not always receieved when promised. You have gotten yourself into a tricky situation. I would suggest you contact an attorny to help you sort through your specific facts and determine the best course of action. S/he will need to review the pertinent timeline of events, the notices tha tyou have served and the Maximus papers in order to properly advise you. T Debbie – Thanks for your comment. Please understand that I cannot give out legal advice through this blog — which means I cannot advise you want to do under your specific fact scenario. I can however tell you a little bit about the law surrounding your issues.

When you indicate a payment from Maximus you are referring to an Emergency Assistance payment that a tenant that has children can apply for when they face impending homelessness (usually after they have been served a notice for failing to pay rent). The law in Wisconsin is clear that if a tenant has applied for Emergency Assistance (EA) then they cannot be evicted until they have been approved or declined the EA and until they receive the EA monies. This delay must be reasonable (as determined by the eviction judge).

A landlord can opt to refuse the EA payment and often this is what Landlord’s choose to do becasue the EA payment is a nominal amount that usually does not cover the amount of rent owed. Also by accepting the EA finds you must agree not to continue to evict the tenant.

By siging the Maximus form (at least the forms that I have seen) you have agreed not to evict the tenant and in return Maximus will give you the tenant;s EA money.

You are dealing with a bureacracy (Maximus) so the EA payments are not always receieved when promised.

You have gotten yourself into a tricky situation. I would suggest you contact an attorny to help you sort through your specific facts and determine the best course of action. S/he will need to review the pertinent timeline of events, the notices tha tyou have served and the Maximus papers in order to properly advise you.

T

]]> By: Debbie http://petriestocking.com/blog/2009/05/01/new-published-case-on-emergency-assistance-stays/comment-page-1/#comment-243 Debbie Tue, 29 Dec 2009 02:22:33 +0000 http://petriestocking.com/blog/?p=20#comment-243 Tristan: I served a 5 day notice to pay or vacate to my tenant on 12/15 (rent was due on 12/6 - he has a 5 day grace period) and he provided us with a form to sign dated 12/17 from MAXIMUS to stop eviction proceedings. We signed the form. The tenant told my husband we'd receive the check, in our name, within 5 days. It is now 12/28 and no check. Gut feeling tells us this tenant is not going to show stability in paying the rent and we likely will proceed with eviction. If we were to receive the emergency payment yet in December, can we serve the 14 day notice on January 6 if rent is not paid by the 5th or should we start again with the 5 day notice. In other words, if we accept the payment for December, do we then start from square one? Thanks for any help. Tristan: I served a 5 day notice to pay or vacate to my tenant on 12/15 (rent was due on 12/6 – he has a 5 day grace period) and he provided us with a form to sign dated 12/17 from MAXIMUS to stop eviction proceedings. We signed the form. The tenant told my husband we’d receive the check, in our name, within 5 days. It is now 12/28 and no check. Gut feeling tells us this tenant is not going to show stability in paying the rent and we likely will proceed with eviction. If we were to receive the emergency payment yet in December, can we serve the 14 day notice on January 6 if rent is not paid by the 5th or should we start again with the 5 day notice. In other words, if we accept the payment for December, do we then start from square one? Thanks for any help.

]]> By: Tristan R. Pettit, Esq. http://petriestocking.com/blog/2009/05/01/new-published-case-on-emergency-assistance-stays/comment-page-1/#comment-111 Tristan R. Pettit, Esq. Thu, 17 Sep 2009 18:02:29 +0000 http://petriestocking.com/blog/?p=20#comment-111 Michelle -- Depending on your specific fact situation, your landlord may be perfectly within his rights to not accept your rent. Additionally, landlords have the option of (1) accepting the Emergency Assistance payment and keeping you as a tenant or (2) rejecting the payment and proceeding with the eviction. Michelle — Depending on your specific fact situation, your landlord may be perfectly within his rights to not accept your rent. Additionally, landlords have the option of (1) accepting the Emergency Assistance payment and keeping you as a tenant or (2) rejecting the payment and proceeding with the eviction.

]]> By: Michelle http://petriestocking.com/blog/2009/05/01/new-published-case-on-emergency-assistance-stays/comment-page-1/#comment-108 Michelle Tue, 15 Sep 2009 23:52:52 +0000 http://petriestocking.com/blog/?p=20#comment-108 My landlord is not only refusing to accept my rent payment, but is refusing to accept emergency assitance is this legal. What can I do? My landlord is not only refusing to accept my rent payment, but is refusing to accept emergency assitance is this legal. What can I do?

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