I own a house. Want ex boyfriend to move. He won't leave. Can I have the police make him leave?
His legal status for occupancy of the property is determined by several facts that are not included in your inquiry. Is there a written lease? I presume there is not. Does he pay rent? If he does, his status likely depends on how often and when he pays. If he pays monthly, on the first of each month, he is a month-to-month tenant. To terminate the tenancy, he must be given a written 28-day notice to vacate. The 28th day must fall on the last day of the rental period--so if he pays on the first day of the month, the 28-day period must end on the last day of the month. Tenancies can also be year-to-year, or week-to-week, depending on when the rent is paid. There is also something called a "tenancy at will". This means the tenant is staying on the property with the owner's permission without a valid lease and without periodic payment of rent. Even a tenant at will is entitled to the 28 days' notice under most circumstances. The details are spelled out in Wis. Stat. 704.19. If domestic violence, harassment, or abuse are involved, the analysis is different. It can be complicated; if he is refusing to leave, you will likely need an attorneys' help. The police will not be able to help unless a crime has been threatened or committed--at least not until you have a writ of eviction.See question
We currently have a lease in both names with our landlord. My ex has not paid his share of rent to me for 3 months. I have paid the rent in full to the landlord. What are my rights and can I evict him?
Most leases provide that all named tenants are jointly and severally liable for obligations arising under the lease. That means that you are responsible for the full amount of the rent if the other tenant does not pay his share. Even if you pay his share, you do not have the right to evict him. Only the landlord had that right, and then only if a breach of the lease has occurred.See question
My grandfather recently passed away and being the next of kin and the estate being less than $50,000, I was able to have recorded a Transfer by Affidavit and claimed a quitclaim deed on the paperwork. I was told to go to Legal Blank and make a de...
Congratulations on handling this on your own so far. At this point, I suggest you retain an attorney to help you. You will need a different deed form; probably a personal representative's deed. You will need a legal description of the property. And you will need to complete a Wisconsin Real Estate Transfer Tax return online. It will be difficult for you to do these things correctly on your own. The Milwaukee Bar Association or the State Bar of Wisconsin's Lawyer Referral program may be able to help you.See question
I signed a lease about 2 months ago thinking I would move to Arizona with my friend. Realizing I no longer wanted to do this I emailed the landlord saying I would pay the cancelation fee, which was a week after signing the lease. I can not get out...
Is the lease you signed for a place in Arizona or a place in Wisconsin? If it is in Arizona, I suggest posting the question in Avvo's "real estate questions in Arizona" section. In Wisconsin, if you signed the lease you are contractually obligated to its terms. The landlord has an obligation to mitigate damages, which means she must make reasonable efforts to re-rent the premises. As a practical matter, most landlords in this situation will keep the earnest money deposit, but will not pursue it further. You may be able to negotiate a release on those terms.See question
So I am in the process of trying to buy a house that currently has a 60K IRS tax lien on it from a failed business the owner used to have. The owner/seller also has another property and has said that he can transfer the tax lien to that other pro...
It is possible that the IRS would agree to accept a partial payment and alternative collateral (i.e., a lien on another property). It is unlikely that this agreement would be reached with no cash payment to fulfill a substantial part of the obligation. This could be a time-consuming, complex negotiation and you have no guarantee that it will work out. I think it would be a mistake to close on the property unless or until this gets resolved. I know you are in a stressful situation right now, but in my opinion you are much better off scrambling to find alternate housing than losing $60,000. There are some alternatives that could be structured--land contract, lease with option to buy are two examples--but I think your intuition is likely correct that you are dealing with a seller that may not be willing or able to meet his or her contractual obligations.See question
I am scheduled to close on a house in a few days. The purchase offer stated that the seller was to provide a copy of the driveway easement within 10 days of accepting the offer. Six weeks and several requests later, the listing agent stated that t...
First, my advice is that you do not close without taking care of this problem. I advise making whatever plans are necessary to secure alternate housing--storage unit for your things, hotel room for you--and advise the seller in writing that you are forced to do so because of his breach of the purchase/sale contract. You should insist on being reimbursed for those expenditures at closing. Second, you will need an attorney to evaluate the note on the CSM and to work with the title company to make sure you have a valid document securing the driveway easement, which I presume is necessary for access to your property. This will likely require cooperation and consent from the adjacent landowner. It is very unlikely that you can accomplish this in a few days. I realize that you are in a very stressful and difficult situation right now. Once you close, however, you will be in a much worse position in terms of your ability to negotiate and resolve this. A final legal note: Although I cannot say with certainty without reviewing your contract, your seller has in all likelihood breached warranties made in the contract. There is case law in Wisconsin to the effect that you cannot sue to recover damages for a breach of warranty if you proceed to close the transaction with knowledge of the breach. Thus it is very important that you consult with a knowledgeable real estate attorney immediately and refuse to close unless and until this is resolved.See question
Renter left behind old truck full of trash and garbage on the ground .why cant they be made to clean it up at their expense.
You can hold the tenant responsible for damages to the leased premises that go beyond normal wear and tear, so long as you follow the rules set forth in the applicable regulations (WIs. Admin. Code ATCP 134). Generally, you cannot bill the tenant for your time. Reasonable costs incurred to address large amounts of trash and debris, however, are likely recoverable if they are properly documented and necessary to restore the leased premises to the condition they were in prior to the tenancy (taking into account normal wear and tear). Keep in mind that damages for which the tenant can be held responsible are not necessarily the same as damages that can be deducted from the security deposit. You are limited to deductions specifically allowed under the regulations. You can, however, file a small claims action against the tenant for additional damages not covered by the security deposit.See question
I would like to buy 5-6 pack of tomato seeds which contains 40 seeds in each pack. And to send to my family. Is it legal to send by mail? If it's legal how many pack I can send at once? Thanks a lot
There are typically restrictions that apply for the shipping of seeds and plants overseas. For example:
139.21 General Restrictions
Plants, seeds, and plant materials, including fruits and vegetables, are subject to the provisions of DMM 601; Publication 14, Prohibitions and Restrictions on Mailing Animals, Plants, and Related Products; and the quarantine regulations of the country of destination. Customers can obtain information from the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) Plant Protection and Quarantine (PPQ) Programs at:
USDA APHIS PPQ
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RIVERDALE MD 20737-1228
whenever my mother an i argued when she was married to her ex husband they would call the police an say i was threatening to kill myself. which i denied because wishing i was dead was not a direct threat to my life nor others. i was young an dumb ...
I suggest starting with the Wisconsin Guide for Armed Citizens, by the National Association of Certified Firearm Instructors. After you have familiarized yourself with the basics, you could contact the attorney who edited the book for additional guidance tailored to your situation.See question
I am 50% owner of business in Wisconsin I have supplied all the funds and have paid all the rent. I want out what can I do? We have an generic operating agreement through legal zoom.
Wisconsin Statute 183.0802(3)(a) allows a member to voluntarily withdraw from a limited liability company at any time by giving written notice to the other members, or on any other terms as are provided in the operating agreement. If the operating agreement prohibits or restricts the ability to withdraw, that will control over the general statutory provision. I would need to review the operating agreement to determine your rights and obligations under it. At this point, my opinion is that you will need to seek an attorney's advice regarding your right to withdraw.See question