Ok here's the deal I have the women living in a house of mine.We have a verbal agreement for 400 month that she sometimes paid .Now I called her left her a message 8 month ago she needs to move out.Well she is still there and I haven't seen a penny in 8 month and she won't get out.I finally got a hold off her today and verballly gave her a 30 day notice she started yelling at me telling me i have no right to kick her out in 30 days.This coming from a women that her husband left her 3 years ago with 5 kids so I felt bad and let her move in the house to get on her feet for that cheap its a big house on lake como wi i could easily get 1200 or more. She's been in there for 3 years now pretty much rent free. I've probably seen rent maybe a dozen time out of 36 months. I need some info on how to get her out and fast.It's not even about the money it's about helping someone out now they spit in your face and take full advantage because I live in the up now.And to top it off this was somebody my wife and I didn't even know.Now some very good friends of ours are down on there luck so I want them to move for free just to keep he place up.
Landlords or lawyers wisconsin I have a qiuck question
- Thread starter reiley99
- Start date
anonomoose
New member
Wisconsin law is "most likely" like Michigan laws, and in Michigan you have to give her WRITTEN notice to move for non-payment.
If she does not move out, then you need to go to the local court to "process" show cause papers where a judge decides whether you are being reasonable about asking for rent, or if she comes up with a big story and has a "valid reason" for NOT paying the rent. Assuming she can't come up with one, then the judge will order her to move. When she doesn't move, you need to go back to court where the judge will give another order for her to move (she probably won't show up for that one) and she will get notice from the court that if she doesn't move out she will be evicted by the local cop shop. They will move her stuff to the curb.
Sooner that you get going on this the sooner you get possession.
If she does not move out, then you need to go to the local court to "process" show cause papers where a judge decides whether you are being reasonable about asking for rent, or if she comes up with a big story and has a "valid reason" for NOT paying the rent. Assuming she can't come up with one, then the judge will order her to move. When she doesn't move, you need to go back to court where the judge will give another order for her to move (she probably won't show up for that one) and she will get notice from the court that if she doesn't move out she will be evicted by the local cop shop. They will move her stuff to the curb.
Sooner that you get going on this the sooner you get possession.
D
Deleted member 10829
Guest
I would call the power company and have the electricity turned off for non-payment. Now that it's warm enough, you may consider doing the same with the gas etc. Does she ever leave the house? If so, go change the locks when she's gone. I would consult an attorney before doing any of this to make sure you don't open yourself up to a lawsuit.
Lawsuit waiting to happen, sorry Mark.
You have done everything on verbal agreement, including asking her to move. Now you start over. Send here a registered letter to her with a signed delivery receipt demanding she vacate the property in 30 days. On day 31 hire a lawyer. Since there is no contract, there is no violation (I am not a lawyer, but you cannot prove the rent amount).
Since there is no lease, there is no violation of the terms (no lease, no terms). That also means you do not owe her any length of time to stay. But, you cannot just toss her. 30 days to move is reasonable. Again, I am not a lawyer.
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i don't care about the rent i just want her out it was never about the rent when i let her move in it was to help her out plus it helps me out keeping somebody in there so i didn't have to pay the heating bill in the winter.She's the one that offered paying the 400.00 she said it wouldn't feel right stay there for free.LOL
D
Deleted member 10829
Guest
dcsnomo,
No problem, I was sure it would be a lawsuit, that's why I said to consult an attorney first. It's just amazing that you do a good deed for someone to help them out and they take advantage of you! And to top it off, you really have no recourse as the laws protect the bad guys too much, IMO. It's times like this it would be nice to live back in the old days when you took matters into your own hands. May karma come knocking on her door soon.
No problem, I was sure it would be a lawsuit, that's why I said to consult an attorney first. It's just amazing that you do a good deed for someone to help them out and they take advantage of you! And to top it off, you really have no recourse as the laws protect the bad guys too much, IMO. It's times like this it would be nice to live back in the old days when you took matters into your own hands. May karma come knocking on her door soon.
heck I would move your friends in there today then start the eviction prosess.
may not get that far after your friends start moving in and moving her stuff to the basment.
no lease I cant see where she has any rights she is a house guest
sucks but Time to pay a realestate lawyer to get you the contracts to get her out
yep people are unreal try to help them out and get screwed.I think i'm done helping people this is not the first time I've helped somebody out and get screwed.Dealing with people like this is probably why i'm 36 years old and already been in the hospital for my heart already.
i've already thought of that I know some very rude bikers that would have know problem bring a suit case and stay there for awhile with a lease. I wish I could get away with that. That would be funny
anonomoose
New member
Do NOT cut off the power or gas...those would be reason enough for the judge to say that she has "reasonable cause" to not pay rent. Don't change the locks either...since she THEN can stay and say you violated her rights as a tenant to access the property.
Since you have no lease, she is has no right to stay, IF you give her proper notice to quit. Go to the court and get the papers you need and the court will hand you a procedural list of instructions to get her out. Don't get abusive, and don't move anyone else in. She has RIGHTS as does any tenant which you gave to her on a "month to month" basis. Since there is NO lease, you can get her out just by giving her notice to move.
You don't need an attorney to do this, as it is done everyday all over the country by people like you who dabble in being a landlord. Just follow the rules and you will be fine. Act on impulse an you will prolong her stay. Being vindictive will only cause her to use a "scorched earth policy" when she eventually does leave which of course will cost you money to repair or replace. Be nice but firm. Do NOT be accommodative.
In my opinion a lease is always good for a tenant and rarely good for a landlord since you then, not only hand them tenant rights, but you also hand them a "long term" associated with those rights and you have a much harder time getting a bad tenant out if they are destructive or won't pay, because they NOW have a right to stay for a long period of time and if they get caught up on the rent or "cure" the issues you drag them to court for, the judge will then grant them a stay preventing YOU from possession over their tenant rights which YOU granted them in the beginning. Landlords are always anxious to have a tenant -committed- to staying there and tenants are always anxious to keep the duration short so that they can leave on short notice. But a good tenant WILL want to stay and pay...while a bad tenant will want to stay and not pay. You decide how badly you need to have a lease tied to a bad tenant who knows how to "play the game".
Since you have no lease, she is has no right to stay, IF you give her proper notice to quit. Go to the court and get the papers you need and the court will hand you a procedural list of instructions to get her out. Don't get abusive, and don't move anyone else in. She has RIGHTS as does any tenant which you gave to her on a "month to month" basis. Since there is NO lease, you can get her out just by giving her notice to move.
You don't need an attorney to do this, as it is done everyday all over the country by people like you who dabble in being a landlord. Just follow the rules and you will be fine. Act on impulse an you will prolong her stay. Being vindictive will only cause her to use a "scorched earth policy" when she eventually does leave which of course will cost you money to repair or replace. Be nice but firm. Do NOT be accommodative.
In my opinion a lease is always good for a tenant and rarely good for a landlord since you then, not only hand them tenant rights, but you also hand them a "long term" associated with those rights and you have a much harder time getting a bad tenant out if they are destructive or won't pay, because they NOW have a right to stay for a long period of time and if they get caught up on the rent or "cure" the issues you drag them to court for, the judge will then grant them a stay preventing YOU from possession over their tenant rights which YOU granted them in the beginning. Landlords are always anxious to have a tenant -committed- to staying there and tenants are always anxious to keep the duration short so that they can leave on short notice. But a good tenant WILL want to stay and pay...while a bad tenant will want to stay and not pay. You decide how badly you need to have a lease tied to a bad tenant who knows how to "play the game".
EXCESSIVE FORCE
New member
No real winner here except for the husband who left.......
NOW THAT'S FUNNY.Thanks for the advise everybody.I forgot I have a sister-in-law in california that is a paralegal so I talked to her last night she gonna look up the wisconsin laws and translated for me.
polarisrider1
New member
Judge Judy will fix you up.
