How do I evict a live-in boyfriend of 11 years if he doesn’t pay the mortgage, bills or anything?

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How do I evict a live-in boyfriend of 11 years if he doesn’t pay the mortgage, bills or anything?

Asked on February 8, 2012 under Real Estate Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your boyfriend does not pay any rent to you, either directly or at least indirectly (in terms of paying part of the mortgage, the bills, etc.), he is a guest not a tenant. Guests may only reside as long as the homeowner likes--you may tell him to leave at anytime and, if he does not, you should be able to call the police to make him leave.

Note, however, that sometimes the police refuse to get involved in situations like this, concluding (incorrectly) that its not a criminal matter (e.g. trespassing or defiant trespass) but a civil matter (e.g a landlord-tenant matter). If the police refuse to help, then the best thing is probably at that point to give him a 30 days notice to leave (when there is no written lease, the landlord may terminate the tenancy with 30 days notice; the tenant is a month to month tenant) and, if he doesn't leave then, file an eviction action, which should result in you getting a judgment of possession and having the sheriff or constable lock him out. Good luck.


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