Q2 Report - Issue Spotlight: Serial Evictions

A significant group of tenants in Dane County are subject to frequent, repeated, and harmful eviction filings by their landlord, Tenant Resource Center data shows. More than a quarter of all tenants who have faced eviction since 2023 have been brought to court by the same landlord at least once before.

TRC eviction data since the start of 2023 reveals a system that makes it easy for landlords to punish, coerce, and collect sometimes undue rent and fees from tenants.

  • 27 percent of all eviction filings totaling 1,001 evictions have been refilings, which is when a landlord has pursued repeated legal action against the same tenant.
  • 349 tenants have faced two eviction filings from the same landlord.
  • 76 tenants have faced three eviction filings from the same landlord.
  • 12 tenants have faced four eviction filings from the same landlord.
  • Three tenants have faced five eviction filings from the same landlord.
  • Two tenants have faced six eviction filings from the same landlord.
  • Prima Management and Valley View Apartments are the most frequent refilers, with each accounting for at least 37 refilings since 2023.

Nonpayment of rent is the primary reason cited for these refilings, accounting for 92 percent of cases. Attorney Heidi Wegleitner from Legal Action of Wisconsin (LAW) provided insight into several factors contributing to this phenomenon, echoing concerns from EDDP staff and tenants themselves.

  • Economic Instability: Many tenants face ongoing financial challenges like job loss or unexpected expenses, making timely rent payments consistently difficult.
  • Communication Breakdowns: Poor communication between landlords and tenants can worsen situations. In fact, the EDDP team has noticed cases where tenants did not know they still owed money from previous evictions. Attorney Wegleitner also noted that landlords who are unfamiliar or impatient with rental assistance programs will choose to file for eviction in the hopes of speeding up these programs.
  • Ease of Filing for Evictions: The cost and legal requirements for filing evictions are low, making it an easy step for landlords to take.
  • Landlord Management Practices: Some landlords use eviction filings as a debt collection tactic rather than as a means to recover possession of the unit.
  • Systemic Issues: Broader issues such as affordable housing shortages and rising rent contribute to financial stress among tenants, increasing the likelihood of eviction filings.

Attorney Wegleitner also highlighted the problem of serial evictions through the story of a client, Lisa, who has faced eight eviction cases from two different landlords. The first landlord used repeated filings to collect rental assistance money, tack on fees, and try to shift costs to Lisa. Although Lisa got those five evictions dismissed, dealing with repeated filings made it harder for her to move out. When she finally did move, she had to live with a family member in a rental of even lower quality. After calling the building inspector, she received a notice to terminate her tenancy, which led to another eviction filing. LAW helped Lisa get a couple of these evictions dismissed and is currently defending another one.

This cyclical, harmful scenario is not uncommon: at least 32 percent of all eviction filings since 2023 have been filed against tenants who have previously faced eviction. In many situations, these repeat filings also create complications for rental assistance programs, slowing down the program for all applicants.

The high rate of eviction refilings underscores the urgent need for solutions to address underlying causes and improve tenant stability. Enhanced rental assistance programs, stronger tenant protections, and improved communication channels can help mitigate these issues, fostering a more stable rental housing environment.