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  1. #1
    Join Date
    May 2013
    Posts
    1

    Default How to Get Rid of a Rommate Who is Not on the Lease

    My question involves landlord-tenant law in the State of: WI. Two months ago my roommate's mother was kicked out of her boyfriends house. We agreed to take her in temporarily while she tries to find a place and help us make rent. We cleared her staying for a short while with the landlord but she's not actually on the lease and he doesn't know she's helping pay the rent. Currently, we can handle the cost ourselves, but she believe she's going to stay longer now. We no longer want her here because she's become trouble, making us feel uncomfortable, unsafe, and unwelcome in our own apartment.

    I guess I have several questions:
    1. Do we need to give her any advanced warning if push comes to shove and she flat-out refuses to leave?
    2. Can we deny her the right to have "guests" over?
    3. Could our landlord kick us out if she's staying longer than she originally claimed?


    Thank you for any advice.

  2. #2
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: How to Get Rid of a Rommate Who is Not on the Lease

    How long did the landlord agree that mom could stay?

    Mom is helping to pay rent. You can't deny her the right to have "guests" just as she cannot limit you having guests as the rental lease allows.

    Gail

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Re: How to Get Rid of a Rommate Who is Not on the Lease

    When you choose to take rent money from somebody, you make them your tenant. You have to give her proper notice that you are terminating her tenancy and, if she refuses to move, you need to go through the courts to evict her.

    She's entitled to the reasonable use of the property she's renting, and as a matter of routine people have house guests. You can't arbitrarily impose rules intended to make her stay so uncomfortable that she moves out - that's called "constructive eviction".

    If you are violating your lease by bringing her into your rental, that's a potential problem between you and your landlord - but it does not change your duty to your subtenant.

    You are best served by convincing her to voluntarily leave at the end of the approved stay. Is she disputing that you agreed to let her stay only for the initial period approved by your landlord, and not for a longer period or indefinitely? If that initial period is already over, have you continued to charge her rent for her stay past the end fo that period?

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: How to Get Rid of a Rommate Who is Not on the Lease

    You and your roommates are landlords to his mother. She's the tenant.

    As such the relationship is subject to the WI landlord tenant statute:

    http://law.justia.com/codes/wisconsin/2011/704/

    See the following section on how to terminate an at-will tenancy:

    http://law.justia.com/codes/wisconsi...04/704.19.html

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