My girl friend of two years and I recently broke up. Throughout the critical year of ours relationship, she basically lived at mine place. Now she won’t leave, speak she has actually “tenancy” rights, and I have to be the one to move.

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Your an obstacle is the your girl friend may have indeed established tenancy rights by life in your residence for a lengthy period, according to Joe Veenstra that concentrates in landlord-tenant law. Once someone without a lease remains at your property with your permission, they end up being a “tenant in ~ will” and also you end up being a landlord. A tenant at will certainly doesn’t have actually a contract (or have to pay rent) and typically has no end date. It can be a verbal agreement established as simply as a conversation where one person says to another, “Why don’t you just stay here?”

"That way if you want her to move out, you’ll should evict her," said Veenstra.

In Wisconsin, in the lack of a composed agreement about your life arrangement, you can terminate your ex-girlfriend’s tenancy by providing her 28 days’ written an alert — i beg your pardon in most cases will an outcome in a move-out.

If your houseguest, however, still has not vacated in ~ the finish of the 28 days, friend can record for eviction in ~ the county courthouse and schedule a hearing. (Note the the fee for filing because that eviction in Wisconsin is $94.50; plus, you’ll have to pay $80 for the pleadings come be served upon her ex.)

"When you go to court, be sure to have a copy of your written notice of eviction and any other written records about your life agreement," said Veenstra. "If her ex shows up, you may have to mediate the dispute, and the court will likely schedule the trial for the adhering to week. Her ex-girlfriend will have actually the appropriate to challenge the eviction if she chooses. If there are any disputes over other issues, favor bills or property, friend should include those claims as well."

Should you success the lawsuit, friend still cannot pressure her come leave. And also it’s illegal to adjust the locks or shut turn off the electrical energy while she’s living there. The just legal way to make her leaving is to have actually a legislation enforcement officer remove her. Us hope, because that both of your sakes, that doesn’t concerned that.

To keep things from getting even messier, stated Veenstra, be sure she takes her property, such together clothing, electronics, etc., with her. If she doesn’t, girlfriend must notify her within ten days that you are storing her property and also will dispose of it if not picked up. If she doesn’t insurance claim it in ~ 30 days of that time, it’s yours to carry out with together you please. This go not use to medicine or vehicles, which have actually special rules because that which you need to confer v legal counsel.

We likewise strongly recommend that the following time you take into consideration hosting a irreversible houseguest of any type of kind, you obtain some kind of cohabitation or tenant covenant in writing. Of course, we have actually some greatattorneys here who can aid you with that.

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Information listed by Joe Veenstra, attorney at Johns, Flaherty & Collins

. For legal assist with landlord-tenant issues, speak to him in ~ 608-784-5678.