Governor Evers Temporarily Bans Commercial and Residential Evictions and Foreclosures For Failure To Pay

March 27, 2020

On Friday, March 27th Governor Ever’s issued Emergency Order #15, which bans residential and commercial evictions and foreclosures through May 26, 2020.

Under the Order, Landlords are prohibited from:

  • Serving any notice terminating a tenancy for failure to pay rent.
  • Commencing a civil eviction for failure to pay rent.
  • Delivering a writ of restitution to the sheriff, nor may a sheriff act on eviction order for failure to pay rent.

A landlord may evict a tenant on the basis that the tenant is an imminent threat of serious physical harm to another person.

In addition, mortgagees are prohibited from commencing a civil action to foreclose upon real estate or requiring or scheduling a sheriff’s sale of the mortgaged premises. It also bans sheriffs from:

  • Conducting a sheriff’s sale of a mortgaged premises.
  • Acting on any order of foreclosure.
  • Executing any writ of assistance related to a foreclosure.

The order does not relieve an individual of his or her obligation to pay rent, make mortgage payments, or any other obligation under the lease or mortgage.

We will continue to monitor these matters, and provide updates on future orders.