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Sam, Attorney at Law
Category: Landlord-Tenant
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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WI, what are the guidelines a 26 year child who refuses to

Customer Question

For Kenosha WI, what are the guidelines for evicting a 26 year child who refuses to leave and pays no rent? Do I have to provide a a specific notice to have this upheld by the courts?
Submitted: 3 months ago.
Category: Landlord-Tenant
Expert:  Sam replied 3 months ago.


This is Samuel. I will provide you the information here. Please Note that I DO NOT participate in the phone calls offered by this site and we will continue here. Thanks for your patience while I get that information for you.

Expert:  Sam replied 3 months ago.

Under Wisconsin law your son is a “Tenant at will”

That is defined as any tenant holding with the permission of the tenant’s landlord without a valid lease and under circumstances not involving periodic payment of rent; but a person holding possession of real property under a contract of purchase or an employment contract is not a tenant under this chapter.

Expert:  Sam replied 3 months ago.

Here is the LINK for the process to evict a Tenant at Will:

(b) A tenancy at will.

(2) Requirement of notice.

(a) A periodic tenancy or a tenancy at will can be terminated by either the landlord or the tenant only by giving to the other party written notice complying with this section, unless any of the following conditions is met:

1. The parties have agreed expressly upon another method of termination and the parties' agreement is established by clear and convincing proof.

2. Termination has been effected by a surrender of the premises.

Length of notice. At least 28 days' notice must be given except in the following cases: If rent is payable on a basis less than monthly, notice at least equal to the rent-paying period is sufficient; all agricultural tenancies from year-to-year require at least 90 days' notice.

(4) Contents of notice. Notice must be in writing, formal or informal, and substantially inform the other party to the landlord-tenant relation of the intent to terminate the tenancy and the date of termination. A notice is not invalid because of errors in the notice which do not mislead, including omission of the name of one of several landlords or tenants.

Expert:  Sam replied 3 months ago.

And so you need to give him a written 28 Day Notice to vacate. And if not, then get the documents to file in court to have the court order him removed. You might want to tell him that an eviction on his record is a sure way to keep him from renting elsewhere, and that some employers hold it against applicants.

Expert:  Sam replied 3 months ago.

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