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If you and another person are co-tenants on the lease because you both signed the lease as tenants, you will both have an equal right to live in the property in most cases. Co-tenants usually cannot evict each other, even if one of the co-tenants stops paying the rent or is violating the lease that they both signed.
When a tenant with no written lease pays rent on a monthly basis, the tenant and the landlord must meet two requirements in terminating tenancy. First, the notice must be in writing. Second, you must give notice at least 28 days before the end of the rent-paying period.
Ask the Tenant to move out in writing, ing to your state laws regarding Landlord and Tenant. Then, if they don't move out, file an eviction in Justice Court stating that Landlord demands possession, Tenant has no lease. Consult the State Property Code for directions on how to do it legally in Wisconsin.
In Wisconsin, in the absence of a written agreement about your living arrangement, you can terminate your ex-girlfriend's tenancy by giving her 28 days' written notice ? which in most cases will result in a move-out.
Examples of an Improper ?Constructive Eviction? Removing the tenant's possessions from the property. Turning off a tenant's utilities so there's no hot water, electricity, or gas. Removing doors or windows from the property. Harassing a tenant in the hopes that this intimidation will get the tenant to vacate.
How to Evict Step 1 ? Send Eviction Notice to Tenant. 1st Violation (Leases Under a Year) ... Step 2 ? Wait to Hear from the Tenant. Step 3 ? File in Court. Average Processing Time. ... Step 4 ? Serve the Tenant. Step 5 ? Attend a Hearing. Potential for Trial. Step 6 ? Obtain a Writ of Restitution. Step 7 ? Repossess the Property.
In Wisconsin, a landlord must give the tenant a 5-Day Notice to Pay/Comply, a 5-Day Notice to Comply, or a 30-Day Notice to Comply if they want to grant the tenant the opportunity to fix their violation or pay rent on time and if the tenant is a week-to-week tenant, or a tenant has a tenancy of more than one year.
It is important to remember that in Wisconsin a tenant can only be forced to leave an apartment after they have a court date, and only if the judge rules in the landlord's favor. Then the judge's order must be given to the sheriff who would then remove the tenant from the apartment.