No Lease Ever and Never Paid Rent

[meghamann]

What is the name of your state (only U.S. law)? WI

An uncle has had his son living in his duplex, upstairs, for a few years now. Never has paid rent, my uncle has paid all utilities. Within the last year or two that son had his wife move in with him with their 2 kids and his wife's parents. The son recently said he was going to be moving out with his wife and kids but the in-laws were going to be staying. My uncle does not want this and wants everyone out. He is very afraid of what will happen though when he tells them all they are not welcome there anymore. He has been paying maybe $4k a year for utilities. He is tired and his daughter whom has a job, is going to pay rent, and care for him (he is dying) is going to be moving in.

What does he have to do to get rid of these people since there has never been a lease and rent was never paid the entire time they lived there? I am trying to help him in the best way I can. He is in his early late 60's and has cancer. I have also evicted people before but am unsure since there is no lease and no rent paid in this situation.

Thank you for your help in advance.

 

[Gail in Georgia]

Has he simply discussed that it's time for this bunch of freeloaders to hit the road (in more gentle terms than what I've provided)?

If so and they refuse, he begins the process of eviction as outlined in your state. Often such freeloaders will not leave without the help of law enforcement prying their greedy little bodies out of the rental unit and law enforcement won't touch such an issue without a court order granting them the right to do so.

Gail

 

[Proserpina]

What is the name of your state (only U.S. law)? WI

An uncle has had his son living in his duplex, upstairs, for a few years now. Never has paid rent, my uncle has paid all utilities. Within the last year or two that son had his wife move in with him with their 2 kids and his wife's parents. The son recently said he was going to be moving out with his wife and kids but the in-laws were going to be staying. My uncle does not want this and wants everyone out. He is very afraid of what will happen though when he tells them all they are not welcome there anymore. He has been paying maybe $4k a year for utilities. He is tired and his daughter whom has a job, is going to pay rent, and care for him (he is dying) is going to be moving in.

What does he have to do to get rid of these people since there has never been a lease and rent was never paid the entire time they lived there? I am trying to help him in the best way I can. He is in his early late 60's and has cancer. I have also evicted people before but am unsure since there is no lease and no rent paid in this situation.

Thank you for your help in advance.

He will need to evict them per the laws of his state; they've become month-to-month tenants regardless of whether it's on paper and regardless of whether any money changed hands.

 

[FarmerJ]

http://datcp.wi.gov/uploads/Consumer/pdf/LT-LandlordTenant2014Guide497.pdf says > under terminating a tenancy If there is no written lease and
a
tenant rents on a
month
-
to
-
month
basis: The landlord may
terminate
the rental agreement by
giving the tenant a written
termination notice at least 28
days
before the next
rent due
date.
The tenant may terminate
the rental agreement by
giving the landlord a written termination notice at
least 28 days before the next rent due date, unless
they agreed to give a longer notice (that is, more
than 28 days) in the
ir rental agreement.
< So like it or not all the people living in that unit are still considered tenants so If the son already has said he was going to be gone by the end of May then a example ill give you here is to do on paper letter one to the son and his wife and one separate letter to the inlaws ( if they are married that is ) each letter can say the same thing , (date[ April 28 2014 , name, this is your notice that you are to vacate address 12345 dracula avenue Frankenstine city WI 547?? (L0L) By sat may 31 2014 and the owners signature and address , but for the time being I suggest he either get a PO box so no one will tamper with his mail if its returned to him ( or maybe he can use a very trusted relatives mailing address temporarily just for this notice see what he may well want to do is one set of notice to his son and sons wife via certified mail and second one via (tracking only I just did that method today it cost me 1.80) then second copy certified mail then same way with the inlaws ( and any other adults/ over 18 living there this way if the sendee refuses to pick up the certified one wich would come back to the sendor the uncle you say owns the place who would have to leave the notice sealed in original letter if any over staying tenant had to be taken to court , the reason I suggest the tracking only method is because in court if a tenant claims to have not gotten notice then the LL can show the court that one copy was sent with a method that didnt need a signature by post office and the other is right here as the LL offers the refused certified one , this way the court can see not only did tenant refuse to sign as a way to avoid notice but that its likely tenant is lying when they say they never got anything since one can show notice was sent two ways. Notice to get out/ vacate/ move does not have to be fancy but does have to be clear enough that the tenant understands they are to move and when by and to whom the notice came from so If your uncle wants this to move along then read to him what I said because those people in the other half of the house are legally tenants and he does have to treat them as that , and if the tenants wont leave after getting proper notice then sad to say its court time. so time is off the essence and the only other way is to have a attorney do the notices to all adults telling them to get out / vacate . ( gnite LOL time to sleep for me )

 

[meghamann]

Under what terms is he evicting them? I guess that is where I get confused. He can't say for failure to pay rent since nothing says they had to pay rent.

I would love for him to tell them just to leave finally but he is fearful of what they(his son) may do. His son does not say one word to him but yet is capable enough to mooch of him because my uncle is a very very kind person. Do you think he should try speaking to them first or just send the eviction notice?

Can he post it on their door as well as mail it the same day via certified mail? Does it have to be signed by the tenants because I have sent things certified mail and they refuse and it gets sent back to me. Or should he send via tracking, certified mail (no signature) and post on the door and that would suffice?

Thanks for all your help. I feel so sorry for him.

 

[Zigner]

Under what terms is he evicting them? I guess that is where I get confused. He can't say for failure to pay rent since nothing says they had to pay rent.

I would love for him to tell them just to leave finally but he is fearful of what they(his son) may do. His son does not say one word to him but yet is capable enough to mooch of him because my uncle is a very very kind person. Do you think he should try speaking to them first or just send the eviction notice?

Can he post it on their door as well as mail it the same day via certified mail? Does it have to be signed by the tenants because I have sent things certified mail and they refuse and it gets sent back to me. Or should he send via tracking, certified mail (no signature) and post on the door and that would suffice?

Thanks for all your help. I feel so sorry for him.

He starts by giving proper notice (usually 30 days.) If they don't leave, then he can proceed based on that. Notice should be hand delivered, mailed via regular mail, AND sent certified, return receipt requested. If any are returned, keep them unopened in case it's needed as evidence.

 

[Gail in Georgia]

A simple answer...

Hire an attorney to handle the eviction process. Often the notice from the attorney will get these folks out of there quicker than anything.

Gail

 

[Zigner]

A simple answer...

Hire an attorney to handle the eviction process. Often the notice from the attorney will get these folks out of there quicker than anything.

Gail

Also good advice...

 

[Zigner]

To be clear (for the OP): At this point, it's NOT an eviction notice. It is simply a notice of termination of tenancy. Eviction is process handled through the courts.

 

[meghamann]

Ok. Thanks. Makes sense now.

 

[Eekamouse]

Tell your uncle to be prepared for these freeloaders to deliberately cause damage to the unit in revenge for being made to move. The uncle should take time date stamped photos of as much of the property both inside and out as he can to prove the condition before they are evicted. He should also consider setting up surveillance cameras on his side of property to record any vandalism they commit to the outside of the unit or to his unit. Freeloaders are notoriously vindictive and destructive when the free ride is over.

 

[Proserpina]

Tell your uncle to be prepared for these freeloaders to deliberately cause damage to the unit in revenge for being made to move. The uncle should take time date stamped photos of as much of the property both inside and out as he can to prove the condition before they are evicted. He should also consider setting up surveillance cameras on his side of property to record any vandalism they commit to the outside of the unit or to his unit. Freeloaders are notoriously vindictive and destructive when the free ride is over.

That's true. Unfortunately.

 

[FarmerJ]

Since you came here originally for a landlord tenant issue and you did say he has cancer if he has not done so perhaps he may wish to use this site to find a attorney to assist him with issues related to what some call elder law so if he has not done it then he can legal advice about things like his estate , having someone to execute his will , things like if he would like to sell the house to address that ( selling / gifting the house/ or other items such as a car. You may also want to talk to him about setting up a written lease for the family member who will move in that unit to assist him so that way should he pass away then atleast it makes it clear to any other relative what that care taking relatives tenant rights are.