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My husband and I co-signed a lease for my niece. We typed…

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My husband and I co-signed...
My husband and I co-signed a lease for my niece. We typed up a contract stating if she didn't pay the rent by the grace period of the 5th of the month we (my husband and I)
would move her out of the apartment. We also included that we would have a key to the apartment and could enter at any time as long as we were co-signers. My niece agreed and signed the contract. She since has paid just $300 in three months and we have paid a total of $2066.24. She has been served an eviction notice by the landlord but is refusing to move. Do we have any grounds to stand on?
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 5 minutes by:
6/21/2010
Real Estate Lawyer: Ellen, Lawyer replied 8 years ago
Ellen
Ellen, Lawyer
Category: Real Estate Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
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Hello,

I am the JustAnswer expert that will be helping you today. I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information.


To remove your niece from the apartment, Wisconsin law requires a judicial eviction.


You cannot legally lock her out without a court order. Regardless of whether an occupant pays rent or has a lease, Wisconsin law requires that she be treated as a tenant. This is true regardless of the agreement that your niece signed with you

Sorry
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Customer reply replied 8 years ago
I spoke to a Wisconsin attorney in Madison, Wi and was advised, after showing her the contract we drew up, that it will stand up in court.
Real Estate Lawyer: Ellen, Lawyer replied 8 years ago
The agreement may be enforced by obtaining a court order. Self-help eviction is not legal in Wisconsin

www.datcp.state.wi.us/cp/consumerinfo/cp/cp_laws/.../eviction.pdf
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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