State of WI.
My brother needs advice asap. He lives in WI. His friend was picked up on DUI charges last year and decided to flee to Florida this past January to avoid prosecution.
The friend was renting a home and my brother at the time was living elsewhere with his teenaged son. The friend (Mr. D) tried to sublet the house to his own son but his son lost his job and couldn't pay the rent. So Mr. D offered to sublet the house to my brother so he could flee to Florida.
On March 1, 2009, my brother began paying the rent on the house and Mr. D was now living in Florida (since January). Mr. D did not notify his landlord that he had sublet the house and he asked that my brother not tell the landlord either. My brother sent money orders for rent directly to Landlord and put Mr. D's name on them as well as his own initials.
In September, Mr. D had a fight with the person he was living with in Florida and suddenly reappeared in Wisconsin. Within two days, Mr. D became demanding and started causing trouble in the house. Mr. D has no source of income and is on his last go around for unemployment. His plan was to let the house go altogether rather than let my brother actually rent it legally. My brother's son is now on chemo as he was diagnosed with cancer in August.
So essentially, Mr. D had no interest in keeping the house, he wanted my brother and his cancer stricken son to move out (they had nowhere to go) and Mr. D still had this DUI thing out there.
Three weeks ago, the sheriff showed up in the middle of the night and arrested Mr. D on his DUI. He was held without bond in WI but later extradiated to IL. He made bail yesterday and showed back up at the house.
After his arrest, my brother went directly to the landlord and provided proof that he was subletting from Mr. D. He asked that they give him a permanent lease as Mr. D's life was in transistion. They voided Mr. D's lease due to improper sublet and gave my brother a lease from March 1, 2009 to Feb 28, 2010.
After Mr. D showed up yesterday, he told my brother that he was "shutting down" the house November 1. Mr. D still has to face trial for DUI (his 5th). My brother said no to idea of shutting down house and informed Mr. D that lease was now in my brother's name.
This morning, Mr. D went to landlord and concocted some story. Landlord just called my brother and left a voicemail, she told him they were voiding his lease and house still belonged to Mr. D and my brother needed to leave.
Again, my brother has paid the rent on time for nine months. He has paid a security deposit at the time he was given the lease in his own name. As far as my brother is concerned, he has a legal lease that is good until the end of February. Also, Mr. D is unemployed and facing trial which is likely to result in 1-3 years in the Pen.
My brother tried calling landlord back but they are not in at the moment. He'd like to finish out the lease until Feb and then find someplace else. By Feb, his son will be done with chemo and things will be better so he can move.
He really needs some advice and he needs it fast. Please help.