rundebda said:
i have an abusive live-in that has been here 8 yrs.
i dont have anything documented, as i have never called the police on him. he has been physically and mentally abusive over the years and i want him out of my house. it is my house i owned before i knew him, and the deed is in my name only. he says i cant throw him out without 2 months notice (like a renter-type situation) i want to know if this is correct, or do i have to get a restraining order to get him out now. i live in wisconsin and it is not a common law state. thanks for any advice you can give me.
My response:
Since you are the owner of the house, you are called "the landlord" and your live-in is called "a tenant".
While I agree with my good friend LadyBlu from an emotional standpoint, from a legal standpoint I just can't.
You see, if you were to take the emotional route, and just "pack his bags" and "change the locks", your live-in could turn around and sue you for "Unlawful Eviction" and damages.
Therefore, you would do well to read and follow these instructions:
Where can you find the Wisconsin landlord-tenant law?
You can get a copy of the applicable laws from the Department of Agriculture, Trade and Consumer Protection. Call their toll-free number, (800) 422-7128. You’ll also find copies of current Wisconsin Statutes at your public library. Check the index under “Landlord and Tenant.”
If you don’t have a written lease, how do you give notice to terminate the tenancy?
When rent is paid on a month-to-month basis, you have two requirements, whether you’re the landlord or the tenant. First, you must give notice in writing. Second, that notice must be given at least 28 days before the end of the rent-paying period. For example, if the end of the rent-paying period is the 31st of each month, written notice must be given by the end of the day on the third (Dec. 3 to terminate a month-to-month tenancy on Dec. 31). In this example, a tenant can't attempt to leave on the 15th by giving notice 28 days before that date because the 15th isn't the end of the rental period; the 31st is.
When rent is paid on a basis less than month-to-month, you have two requirements, whether you are a landlord or the tenant. First, you must give notice in writing. Second, that notice must be at least equal to the rent-paying period, and given before the end of the rent-paying period.
If you have a written lease, it probably specifies the expiration date. Unless the terms require it, no termination notice is necessary in such a case.
How does a landlord terminate a tenancy for nonpayment of rent?
When rent is paid on a month-to-month basis, the landlord has two options, whether the lease is in writing or not. The first option is to give the tenant who doesn’t pay on time a notice to either pay or leave within five days. If the rent is paid within five days, the tenant can continue to live on the premises. If the tenant doesn’t pay and doesn’t leave within the five days, the landlord can begin eviction proceedings. The second option is to give the tenant notice to leave within 14 days. A 14-day notice doesn’t give the tenant the right to pay and continue to stay on the premises. A written or printed copy of the notice must be delivered to the tenant or to a member of his or her family who is age 14 or older, and who is informed of the contents of the notice.
Notice also may be given by:
mailing a copy of the notice to the tenant at the tenant’s last known address, by registered or certified mail;
leaving a copy with any competent person apparently in charge of the rented premises, and by mailing a copy by regular or other mail to the tenant’s last known address;
serving the tenant as one would serve a summons; or
if, with reasonable diligence, notice could not be given personally to the tenant, competent member of the tenant’s family, or given to a competent person apparently in charge of the rented premises, then notice could be given by affixing a copy of the notice in a conspicuous place on the rented premises, and by mailing a copy by regular or other mail to the tenant’s last known address.
How do you legally evict someone?
You need two documents to evict someone. First the summons, which requires that the tenant appear in court on a specific date and at a specific time. Second, you need a complaint, which essentially outlines your claim. You can get the summons and complaint from the Clerk of Circuit Court at your local courthouse. Copies of the completed papers must be left with the court and served on the tenant.
In court, explain your complaint to the judge. After hearing both sides, the judge may issue a court order requiring the tenant to vacate the premises. If the tenant is ordered to leave and doesn’t, the county sheriff removes the tenant and his or her belongings from the premises. The sheriff may require a bond from you to cover the county’s costs.
Good luck.
IAAL
