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How does A Parent evict an adult child

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Hawksnest

Junior Member
What is the name of your state (only U.S. law)? Wisconsin
My mother owns a home where my brother and family live rent free. My brother is divorcing his wife but his wife refuses to vacate the home. She is unemployed and claims to have no where to go. They have no rental agreements as my mom was helping them out. How does my mother proceed?
 


dolebot

Member
In WI it might be different, but generally can be:

Tell the kids that there is now a rental of $xxx per week. This establishes a weekly tenancy. Use your states laws, provide the proper notice, etc when the rent isn't paid begin eviction proceedings. There doesn't need to be a rental agreement in writing (generally).
 

Zigner

Senior Member, Non-Attorney
In WI it might be different, but generally can be:

Tell the kids that there is now a rental of $xxx per week. This establishes a weekly tenancy. Use your states laws, provide the proper notice, etc when the rent isn't paid begin eviction proceedings. There doesn't need to be a rental agreement in writing (generally).
What makes you think she can create a contract for rent where none existed before? :rolleyes:
 
Her best bet would be to open the house up on the market for rent, give the slug the opportunity to rent it, and when she says she can't afford it, offer her to move by a specific date.
 

johnd

Member
"How does a Parent evict _____(fill in the blank)?"

Just like any other eviction: per statutes 704 & 799. It could be argued that there was no rental agreement (written or verbal), and that there was no tenancy w/ the wife as no money was exchanged (there was inarguably consideration, however :rolleyes:). Meaning, for a rental agreement to exist, a tenancy is created for real property for consideration. I doubt, however, any judge would want to hear that. Just serve her the 28 day notice, and upon its expiration, if she is still there, file an eviction suit.
 

FarmerJ

Senior Member
The notice sent to her can be very simple, all it must say is ` Jane doe, ( address , 1234 apple st ,your city , your zip ETC ) this is your notice to inform you that you are to vacate by ( date- 28 days plus say two for postal delivery) sign it and date it and send it via confirmed mail delivery and then put your postal reciept with a copy of the letter in a safe place, like a bank box so it cannot vanish. IF she refuses to leave then go see the clerk of the court in the county you live in and tell them you need to file to evict someone. Fill out forms , pay the fees, have the sherriffs dept serve her since she lives in the same house. IF she still refuses to vacate you will end up with a new experiance , having the sherriff carry out a courts order and bodily remove her if they must!
 

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