How can I remove people living on my property without a rental contract?

Full question:

i own some property and 4 people are living on it. I do not have a rental contract with them how do I get them off my property?

  • Category: Landlord Tenant
  • Subcategory: Lease Termination
  • Date:
  • State: Wisconsin

Answer:

If there is no written lease, there may still be a verbal rental agreement. In Wisconsin, for month-to-month tenants, you can terminate the rental agreement by providing a written notice at least twenty-eight days before the next rent due date.

For month-to-month tenants, you have two options for termination notices:

  • 5-Day Notice: This notice gives the tenant five days to either pay the rent or move out. If they pay within this time, they can stay.
  • 14-Day Notice: This notice states that the tenancy has ended due to non-payment of rent, violation of the rental agreement, or property damage. The tenant has fourteen days to leave.

If a tenant does not leave after receiving the proper notice, you can start an eviction action in Small Claims Court. Tenants have the right to contest the eviction in court. If they do not appear, you will automatically obtain the eviction order. You cannot remove tenants or their belongings without a court order; the sheriff enforces the eviction order. If the court finds that the tenants wrongfully stayed, they may be ordered to pay double the rent owed for each day they remained unlawfully.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

To remove someone who is not a tenant, you should first ask them to leave. If they refuse, you may need to provide a written notice to vacate. In some cases, you can file for eviction in Small Claims Court if they do not leave voluntarily. Remember, you cannot forcibly remove them without a court order. Always check local laws for specific procedures.