Legal Question in Real Estate Law in Wisconsin
Tenancy at Will - Eviction
I recently built a house for my mom and step-dad, I own it. My mom and step-dad have not been getting along for quite awhile now, and my mom is going to be filing for divorce. I never gave them a lease, and they don't pay me rent. I would like to evict my step-dad, but let my mom still live there. What needs to be done? Any and all information will be greatly appreciated, I am having trouble finding out what my rights are because I was told it is family and doesn't fall under Renter - Tenant laws.
1 Answer from Attorneys
Re: Tenancy at Will - Eviction
Your relationship with your mother and stepfather
is still that of landlord and tenant, though what
those terms are will be at issue, since the
existing fact history is all relevant evidence.
Since your tenants are occupying the property, the
issue is: what are the terms of their occupancy?
This won't be easy, since it appears no terms were
ever made final or written down. However, your
tenants have lived there for some time and haven't
paid rent. Do they have any claim that they are
there forever, or even for their lives? I would
think not. I believe that any judge would give the
ones you want removed a reasonable time to relocate.
After that, you would probably have the right to
evict such person.
I would also indicate that if money came from either
which you used to acquire the property, I would feel
that a case could be made for either of them that
there was an expectancy of continued occupancy.