July 17, 2019 – August is landlord-tenant season, in some parts of Wisconsin. Lease agreements will generally govern the landlord-tenant relationship, but if conflicts or disputes arise, landlords and tenants may find themselves in the court system.

Raphael Ramos, an attorney at Legal Action of Wisconsin, helps tenants through the Eviction Defense Project, which provides free legal aid to low-income tenants facing eviction. The project operates in both Dane and Milwaukee counties.

“Generally, most clients that we’re working with have their first court appearance that day. They come into court. They don’t have representation,” Ramos said.

“A lot of tenants, unfortunately, don’t know what their rights are, what their legal arguments could be. So tenants may not realize that procedurally, there are a lot of steps landlords have to take in order to properly file and pursue an eviction.”

Ramos said that if the landlord fails to take those steps, such failure can be a defense to an eviction action. Without representation, tenants may not be aware of defenses and may not raise them. Or, they may be in a situation where they don’t have a defense, but an eviction defense lawyer can help negotiate and compromise with the landlord.

“Having the benefit of a trained attorney who is emotionally detached to the case, and able to provide objective, reasoned advice, is incredibly beneficial,” Ramos said.

A lawyer can help facilitate a realistic set of terms. “They know what the consequences are if they are not able to do it,” Ramos said. “Having an attorney there to negotiate and advocate for them can result in better and more realistic terms. That is likely to be beneficial, not just for the tenant, but for the landlord as well.”

Ramos said that in 2016, there were approximately 13,500 eviction cases filed in Wisconsin. Tenants had an attorney in about 112 of the cases.