Is there a law that prohibits an eviction in the winter for a family with small children and a disabled person?

UPDATED: Dec 15, 2011

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Is there a law that prohibits an eviction in the winter for a family with small children and a disabled person?

My mother move out of her home 6 or more months ago, I (her son) move in with the hopes of saving the house from bankruptcy. I failed to do this, on the 17th of last month I was told that I could make an arrangement to pay a monthly fee to stay. Yesterday I received a notice from the sheriff’s department that if me and my family were not out by Monday they would move me out and charge me for the move and storage. Is this legal? How is this fair or even possible?

Asked on December 15, 2011 under Real Estate Law, Wisconsin


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately, if your mother lost her home in a foreclosure and you and others are remaining in it without a written lease that you are paying on, there is nothing that can be done at this point in time to prohibit an eviction of you and your family.

The rationale is that you do not own the home nor does your mother. Someone else now owns the home and presumably has payments to make on it. Unless you enter into a written agreement to stay in the home with the new owner, you and other family members will have to abide by a move out order from the sheriff's office.

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