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  1. #1
    Join Date
    Nov 2009
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    2

    Post Evicting an Illegal Sublessee

    My question involves landlord-tenant law in the State of: Wisconsin (Madison)

    I am a landlord currently renting a six-bedroom house to five students. Recently laws have been passed allowing only five unrelated people to occupy a house. The students I have been leasing the property to have been there for two years prior to the start of this rental period (Aug 15 2009-Aug 14 2010), that is to say since 2007, prior to these laws being passed. One or two of the students have changed, but four of them have stayed on the lease the whole time.

    I have recently become aware that although they only had five sign the lease, they have subletted the sixth bedroom to someone else. They have always been great tenants, but I don't want to be on the wrong side of the law here. What is the proper course of action? Can I serve them a letter saying that I have become aware that they have illegally subletted the sixth bedroom and that the sublessee must leave? How long must I give this illegal tenant to remove themselves and their property from the apartment. I have no qualms with the residents, just that they should not be subletting the sixth bedroom. I do not wish to bring them to court, I just want the house to be law-abiding and remove the excess roommate.

  2. #2
    Join Date
    Nov 2009
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    23

    Default Re: Evicting an Illegal Sublessee

    Your lease with these students doesn't address subletting, extra/undocumented tenants, etc.?

  3. #3
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: Evicting an Illegal Sublessee

    From a business perspective, getting a group of students who are long-term good tenants is a very good thing. You have the house legally leased to five people. As long as they are paying and not causing problems, I'd sit back and collect the rent without ever taking notice of a sixth tenant. If they become a problem for you or someone (like a neighbor) complains about the violation, you could deal with it at that point. Again, from a business perspective, the sixth person helping with the rent may be enabling them all to stay. Evicting that person may cause you to lose them all.

  4. #4
    Join Date
    Nov 2009
    Posts
    2

    Default Re: Evicting an Illegal Sublessee

    The lease clearly states that all sublets must be done with the knowledge of the landlord. I would sit back and wait for someone to complain before I act, but the sublessee emailed me, so it could be shown that I have full knowledge of the sublet going on. That is why I would like to take care of it now.

  5. #5
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: Evicting an Illegal Sublessee

    Yes, had you included that info in the initial post, I would not have responded the way I did. Given that information and the fact that you state you do not want to bring them to court, you should inform the tenants and the sublessee that this is not acceptable and he/she must leave. Work out a timetable with them if you can, maybe on the order of a week or two. If they refuse to work with you informally, you will need to take formal eviction action against all of them for violation of the lease. You really either have to work it informally or legally; half way in-between probably won't cut it.

  6. #6
    Join Date
    Nov 2009
    Posts
    23

    Default Re: Evicting an Illegal Sublessee

    Quote Quoting BUZE
    View Post
    The lease clearly states that all sublets must be done with the knowledge of the landlord. I would sit back and wait for someone to complain before I act, but the sublessee emailed me, so it could be shown that I have full knowledge of the sublet going on. That is why I would like to take care of it now.
    A suggestion is to enforce your lease, but make sure to cite the law as the reason for doing so, in an attempt to maintain your good relationship.

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