How to get a tenant to move out and take their belongings with them?

We are renting a home and over 5 months ago, we allowed my brother, his girlfriend and her 2 children to live with us with the landlord’s permission because they were being evicted from their home. They were paying $25 a week to help with food, bills, etc. I have receipts to show this. About 2 weeks ago, they moved in with someone else without telling us and left all of their belongings behind. Whenever we ask what they plan on doing, they tell us they will figure it out and let us know. What are my legal options here? They are taking up 3 rooms and my garage and I want them back.

Asked on September 7, 2012 under Real Estate Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there is no written lease, they are month to month subtenants of yours on an oral lease. Given them a month's notice terminating their tenancy--that is, a month's notice to move out and take their belongings with them. If they don't leave them, you can file an eviction action to have them removed. After they move our or are evicted, while you may have to give them a reasonable time (up to 30 or so days) to get the last of their belongings, after that, you  should be able to dispose of them.

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