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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87512
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have received a notice to vacate... the end date is tomorrow.

Resolved Question:

I have received a notice to vacate... the end date is tomorrow. My attorney says stay here. What are their next moves and how long may they take?
Submitted: 11 months ago.
Category: Legal
Expert:  Ely replied 11 months ago.
Hello,

Thank you for requesting me.

I know we have talked before, but please remind me - are you a tenant? Did you not pay for rent? Please remind me of the overall matter?
Customer: replied 11 months ago.

I was given this place as a studio by my significant other. We have now parted ways. She had, at the beginning of the relationship, assured me and my children that if I move to Wisconsin from Seattle I would, no matter what, have this place for the rest of my life. She has since recanted this.


 


I pay no rent or utilities but received first a demand from her son to vacate but more recently a formal notice from an attorney in Walworth County WI. Tomorrow is the last day of allowable occupancy under the notice.


 


The attorney says I should wait for court order... I am uneasy about this.


 


Thanks for remembering me as you are the double check on the lawyers I have.

Expert:  Ely replied 11 months ago.
J,

Thank you for your kind words although I must state that this is for general information only. Anything your attorney state should take preference over anything you read online, me included.

One more questions, please.

Did she ever give you anything in writing as to this promise, or not?
Customer: replied 11 months ago.

No only said it front of witnesses on several occasions

Expert:  Ely replied 11 months ago.
Thank you. Unfortunately, a verbal agreement to a year+ long property interest is invalid under the doctrine of statute of frauds. See here.

I may have mentioned before that this would make someone like you a tenant at sufferance under Wisconsin's 710.10 (2). See here.

A tenant at sufferance is someone who has no right to occupy the premises, but is tolerated by the owner and may be terminated at the will of the owner.

A tenant at sufferance has few rights, but one of these rights is to be evicted. So in other words, one cannot simply physically kick one out of the home. One must be evicted like a tenant who has not paid rent. If after the quick eviction hearing one still does not leave, then, the owner can get a Writ and have the authorities forcibly relocate the individual.

Whether or not one wishes to stay in the property until the eviction or past is up to you, of course. I cannot make this decision. Also, if your attorney is pursuing a suit to possibly somehow have your life estate interest in the property recognized, then one MAY WISH TO STAY.

But... the decision is yours. I can neither sway nor even recommend a course of action for I have no right to do so.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.

Customer: replied 11 months ago.

Thanks very much you are a help as always


 


cheers


 


jk


 

Expert:  Ely replied 11 months ago.
You are very welcome. Good luck, and please don't forget to rate my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please REPLY to keep on chatting – I want you to be satisfied.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87512
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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