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.


Asked on 1/02/02, 12:06 pm

1 Answer from Attorneys

Thomas Schober Schober Schober & Mitchell, S.C.

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.

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Answered on 1/02/02, 2:14 pm


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