If a non-leased roommate can no longer pay rent, how long can they remain on the premises?

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If a non-leased roommate can no longer pay rent, how long can they remain on the premises?

Tenant was laid off in winter; receives no unemployment. If it’s the first of the month and they see no support coming, how long do I legally have to keep them at the property? What are their rights?

Asked on July 4, 2011 under Real Estate Law, Wisconsin

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The roommate, if not on the lease, should not be living there to begin with; it could be considered a breach of your lease agreement with the landlord. The roommate could be asked by you or demanded by the landlord to leave immediately. Since the roommate has no leasehold rights, you might simply wish to ask this person to leave. Period. If you think this person has some sort of leasehold (like a month to month) by simply living there, then give the person one month notice in writing to leave and if the person doesn't leave, you might need to seek eviction of this person through the court system or see if a civil matter police escort can help you (local police or Sheriff's department).


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