If a parent was letting someone live in their house for 2 years, but no paper trail do you need to have court order to remove them. No Contract, no rent checks

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If a parent was letting someone live in their house for 2 years, but no paper trail do you need to have court order to remove them. No Contract, no rent checks

Wisconsin

Asked on July 2, 2018 under Real Estate Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you do need to go to the courts to get an order for a sheriff's officer or other law enforcement official to remove them. 
If they have paid rent, they are a tenant (even without a written lease) and you can only evict for the reasons you can evict tenants (e.g. nonpayment; threatening you; damaging property; if they are month to month, on proper notice, etc.) and you will have to file an eviction action.
If they do not pay rent, they are a guest, and after giving them proper written notice (generally at least 15 days; a month is better), you file what's traditionally called (though your state may have a different name) an action "for ejectment," which is "eviction for non-tenants." 
Both eviction and ejectment actions are "technical" in that minor procedural or paperwork issues can force you to start over; let a landlord-tenant attorney help you.


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