On March 27, Governor Evers issued a statewide ban on foreclosures and evictions. The order, a copy of which is available online here:
It prohibits landlords from taking any steps to terminate a tenancy if the termination is based on a failure to pay rent. This means that the landlord cannot give you a 5-day notice or 14-day notice for failure to pay rent. Landlords also cannot file a lawsuit for eviction based on nonpayment of rent, and if an eviction order had been granted previously, landlords cannot have the sheriff serve a writ removing the tenant unless the eviction was based on something other than a failure to pay rent.
Similar protection is offered for homeowners: lenders cannot start a new foreclosure action while the order is in place, and cannot schedule or even request a sheriff’s sale of a house, or have the sheriff remove a homeowner from a previously-foreclosed house.
The order does not say how it might affect actions which were already underway, so cases may continue in a limited manner so long as the landlord or lender does not attempt to evict a tenant or sell a house.
The governor’s order also says that the order does not relieve a person from having to pay rent or mortgage, so tenants and homeowners should try to stay current on their obligation if they can. If they cannot, they should contact their lender or landlord and see if they can get an agreement to temporarily reduce or stop rent or mortgage payments for a period of time. (Any such agreement should be in writing.)
The order is in effect for 60 days from March 27, 2020.
If you are worried about being evicted or foreclosed on as a result of the pandemic or for any other reason, contact our consumer protection lawyers at LawtonCates for a free consultation.
