What are an occupant’s right to remain in a rental premises?

My fiancé and I are living in an a apartment. His aunt had signed her name on the lease and we had a roommate who was also on the lease. We are not on the lease. My fiancés aunt then took her name off. Our roommate told us not to worry about the rent that he would take care of it. Now we found out that our roommate got locked up and rent didn’t get paid. We got a 5-day notice and we were wondering if the landlord can legally put us out right now?

Asked on January 14, 2013 under Real Estate Law, Wisconsin


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, the landlord can legally evict you if the rent is not paid in the five day period as you have written. I suggest that you consult wit the landlord and pay the due rent if you wish to remain. At such time, if you want to be a tenant in the unit, I suggest that you consider signing a written lease agreement for the unit that you are presently occupying.

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