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A man who stays in my basement for $25. a week. I want him out.I'm POA on this home for Dad. Do I need an eviction?

Elkhorn, WI |

Dad is in nursing care. I have to pay ins., taxes, utilities. I've lived here 13 yrs. Man came in Feb. Started paying in June. He is drunk each night. My health can't take the nonsense and he knew that from the start. What is quick and cheap way to get him out? He is in protective care for the night. Now what?

Attorney Answers 6


  1. Change the locks. Was there an agreement as to the terms? Consult with a local landlord/tenant attorney.


  2. I would do an eviction. If you simply change the locks what happens if he tries to break in? You call the police and he can rightfully say he lives there. Eviction ends that issue.

    The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the Commonwealth of Pennsylvania and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.


  3. Since there is no written lease involved change the locks and box up his stuff. If he causes problems then call the police.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  4. Simple problems can become overwhelming when we let them get out of control.

    You really need to consult with a Wisconsin eviction attorney to determine what protocol you must follow. Under California law changing the locks etc. could expose you to a civil lawsuit. I do not know the lawn Wisconsin and that is why you need to consult with an attorney there.

    It is possible that this might be a "police matter" and they will ask the gentleman to leave. If you voluntarily leaves I don't think you have an issue.

    As you can see, you need to consult an attorney so he or she can address your specific issues.

    The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the State of California and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.


  5. I strongly disagree with the attorneys who suggest self-help eviction (boxing up his stuff and leaving it on the curb and changing the locks). I believe the man very likely will be treated as having a tenancy and you will need to follow the landlord/tenant requirements in Wisconsin Statutes Chapter 704 and Wisconsin Administrative Code ATCP chapter 138 (or is it 134?)

    I'd be optimistic if the man came to me explaining how you self-help evicted him that I could recover an award for him plus actual attorney's fees from you. He is actually paying rent, not just arguably a houseguest/arguably a tenant who washes dishes and helps out a bit here and there on utilities or buying food or other living expenses.

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