If my boyfriend is not on the lease and I want him out, do I or the landlord have to evict?

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If my boyfriend is not on the lease and I want him out, do I or the landlord have to evict?

He has paid half of the bills.

Asked on January 31, 2012 under Real Estate Law, Wisconsin

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your boyfriend is not on the lease for the rental that you and he are occupying (I presume you alone are on it) and you want your boyfriend to vacate where he pays half of the bills for the rental, it seems as though you have sub-leased the unit to him and are essentially for all intents and purposed his landlord.

If you want him to vacate the unit, you need to serve him with a 30 day notice of termination of the lease if he will not voluntarily leave. If after being served with the 30 day notice he refuses to vacate in the 30 day time period, your option would be to file and serve him with an unlawful detainer (eviction) lawsuit.

For the 30 day notice and unlawful detainer action, you might consider consulting with a landlord tenant attorney to assist you.


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