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LegalKnowledge
LegalKnowledge, Attorney
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I am involved in a family situation on my wifes side. 6 years

Resolved Question:

I am involved in a family situation on my wifes side. 6 years ago they allowed one of the grand kids to live in the family lakehouse temporarily. Now 6 years later he has medical problems and has never held a job for any length of time. I had a discussion with him and the owner of the property (my mother in law) he has no intention of vacating the property while he has no income. He is going for disability and he says he should be approved soon. My question is, does my mother in law have a right to make him leave? I always hear that getting people out of a property can be difficult, especially when there is nothing on paper.
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation of your mother in law and your concern. Your mother in law certainly does have a legal right to make him vacate the subject property. In order for her to do so, she would first need to give him the proper notice to vacate. The reason being is that she did allow him to legally live there all this time, so he did have a legal right to be there. If she does not want him living there, she would need to give him written notice and if he fails to leave, she could start the eviction process. The fact that he has no income at this time and is waiting approval for his disability is of no concern to your mother in law and not a legal defense to stay. It is at her discretion if she wants to wait for him to have money and a place to stay before she gives him notice, but that is not required of her. I have provided you a link below which outlines the Wisconsin Landlord/Tenant statutes and this should provide both you and your mother in law, the laws which control and what needs to be done. She should refer to 704.19 since it appears to apply in this situation as well. Moreover, the clerk of court in the county where the home is located, should have the necessary forms for her to use to start the eviction process and go before the Judge. I know you other concern was the length of time that this would take and if it would be difficult but it should be something that is resolve in a few weeks and will only be difficult if he contests it and has a legal defense which prevents the eviction.

https://docs.legis.wisconsin.gov/statutes/statutes/704.pdf

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LegalKnowledge, Attorney
Category: Legal
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Experience: 8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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