What to do if my mother lives in my home and I want her out?

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What to do if my mother lives in my home and I want her out?

She’s lived with me since I bought the home 10 months ago. She has no lease, pays no rent and refuses to leave. I posted a 28 day notice to vacate in 27 days. What steps do I now need to take to remove her?

Asked on December 21, 2012 under Real Estate Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you write, your mother is not a tenant (no lease; no rent), but is rather a guest or invitee. A guest or invitee can be made to leave at any time; they may only remain so long as they are allowed to stay. If they do not go when asked, the next step is to file an "ejectment" action in court, since a person may only be removed from a home in which they have been residing by the courts. Ejectment is eviction for non-tenants. It is slightly more complicated and less streamlined than an eviction action, so while you can do this yourself, you are advised to have an attorney help you. Even thought this is not eviction per se, a landlord-tenant attorney should be able to do this.


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