Can I legally evict my tenant and retain some of his possessions as payment?

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Can I legally evict my tenant and retain some of his possessions as payment?

I have a tenant who is on life support in a coma. He owes me 1/2 of this months rent and $250 in back rent. Will I be responsible for utilities if he cannot pay. Can I evict when he is in hospital, unconscious?

Asked on February 13, 2012 under Real Estate Law, Wisconsin

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You cannot legally evict your tenant who is on life support in a coma and retain some of his possessions as payment. I suggest that you consult with his family members about the rental situation. If there is a person holding a power of attorney for your tenant, then you can deal with this person concerning unpaid rent, move out and the like in a written document. Make sure you get a copy of any power of attorney.

You unfortunately are caught in a difficult situation. You will be responsible for the utilities if the tenant cannot pay but you can seek repayment from the tenant or his estate in the event he passes. I suggest that you consult further with a landlord tenant attorney about this challenging situation.


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