How Do We Legally Evict "Trespassers"
My question involves real estate located in the State of: WI
A friend of mine has recently made arrangements to sell her house. She made arrangements with a family to move into her house and she then moved out of state to her new home. The agreement was for this new family to pay rent to her for the house for the first few months until a certain date last month when the loan to make the purchase would be ready. All went well up until the loan papers were to be signed by the new family (the buyers). Now they are refusing to sign the papers to allow the loan to be made and for the sale to go through. They are also refusing to pay any more rent, or even to move out of the house! So now my friend is having to try to get them out of the house by having them served with papers telling them they have to get out in 5 days, after which she can use any "legal" means of getting them out.
What means of getting them out of the house could be used? Since they are in her house without permission anymore, and they've been told to leave, doesn't that simply make them trespassers at this point? There is no lease agreement between the 2 parties, so that's not an issue.
Re: How Do We Legally Evict "Trespassers"
No, they are not trespassers. They were allowed access and entry to the residence. What they are: tenants who have stopped paying rent. Just because there's no written lease doesn't make them any less of a tenant. It just makes it really difficult for the landlord to prove what arrangements were agreed to when the move in occurred. There really IS a reason why stuff like this needs to be IN WRITING. They were allowed to move in and establish residency. That in and of itself makes them tenants in the eyes of the law, even if not one signature appears anywhere on anything. As tenants, the way to get them out for non payment is the eviction process. The process and steps involved are outlined at:
http://wsll.state.wi.us/topic/landlord.html
There may also be a good case for a civil lawsuit for breech of contract where damages or expenses suffered due to non-compliance with the agreement can be shown (assuming, again, that the terms of the contract and the agreenent of the parties can be proven to the court's satisfaction).
Re: How Do We Legally Evict "Trespassers"
Quote:
Quoting
aardvarc
No, they are not trespassers. They were allowed access and entry to the residence. What they are: tenants who have stopped paying rent. Just because there's no written lease doesn't make them any less of a tenant. It just makes it really difficult for the landlord to prove what arrangements were agreed to when the move in occurred. There really IS a reason why stuff like this needs to be IN WRITING. They were allowed to move in and establish residency. That in and of itself makes them tenants in the eyes of the law, even if not one signature appears anywhere on anything. As tenants, the way to get them out for non payment is the eviction process. The process and steps involved are outlined at:
http://wsll.state.wi.us/topic/landlord.html
There may also be a good case for a civil lawsuit for breech of contract where damages or expenses suffered due to non-compliance with the agreement can be shown (assuming, again, that the terms of the contract and the agreenent of the parties can be proven to the court's satisfaction).
But isn't the fact that the house is titled only in my friend's name, and the fact that these people are living there without anything in writing proving that they can legally be there an indication that they are in someone else's home without legal authority to do so?
I may not have all the facts listed in my last post, but my friend and this family have things in writing. I believe that one of those things is an agreement for them to purchase the house at a certain time. The loan papers are at the bank right now and ready to be signed. They're just refusing to sign them, or pay rent, or move out.
Since this house still belongs to my friend, and she's still paying the mortgage and insurance and property taxes and still has the keys, would it be legal for her to go there when the family is away and move their things out of the house and change the locks? After all, it still is HER house, right? Correct me if I'm wrong. I'm no expert.