Can I kick my boyfriend out of my rental?

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Can I kick my boyfriend out of my rental?

I have been in my rental home for over 6 years. I let my boyfriend move in with me this past summer. I now no longer want him living with me. The landlord knows he is living here but he is noton the lease. He says he will call the cops on me if I pack his stuff up n make him leave?what is my legal right? Do I have to take him to court nget him evicted?

Asked on January 31, 2012 under Real Estate Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

He is not on the lease from what you write. Therefore, the question is, does he sublet or rent from you? If he regularly contributes to the rent, utilities, or other cost of the apartment, then even if there is no written sublease, he is probably a subtenant on an oral sublease. In that case, give him 30 days notice his tenancy is ending and stop accepting his money; you can evict him after that, if he doesn't leave.

If he does not contribute, then he is your guest, not a tenant or subtenant. You may ask a guest to leave at any point; if he does not, you should be able to call the police to help remove him. Note that even though the police should  help you, they sometimes refuse to do so, seeing it as a matter for housing or landlord-tenant court; in  that case, you may end up having to evict him.


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