I rented out two rooms on the second floor of my home that I own and reside. I had the person sign a roommate agreement when they occupied the two rooms in November 2014. In the middle of May 2015 I gave them written notice to vacate by June 30th 2015. Roommate only paid June rent after personally serving a written 5 day notice to pay or vacate. It's now June 30th and they still have property in my home. I want them gone ASAP so I can get on with my life.
First of all, good work with providing your tenant with the notice. Make sure that the notice that you provided them complies with the statute by: (1) Being in writing, (2) Stating the number of days the person has to take action, (3) Stating whether the tenant has the right to cure (fix) the problem, (4) Stating whether the tenant can fix the problem and can stay, or if they just have to leave, and (5) Stating whether the rent is due (should include the amount) and/or the lease clause that the landlord believes has been broken.
If your notice complies with the above requirements, you still cannot remove their property on your own. Instead, you should file for an eviction in small claims court. There is a $94.50 filing fee for all small claims actions. It is illegal in Wisconsin to conduct a "self help eviction" in which you remove property, change locks, etc... Instead, you must have a court order and have the sheriff remove the property based on an appropriate order from the court.
Please contact an attorney in your area to help you with this process.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. You are strongly advised to contact an attorney to obtain legal advice before taking or refraining from taking any action with respect to the above.
Suggest that you have the notice you served on the tenants reviewed by an attorney to determine
if you complied with the statutory requirements. Do this before you start the eviction action.
This information is designed to provide a general overview with regard to the subject matter covered and is not case specific. The authors, publisher and host are not providing legal, accounting, or specific advice to your situation.
Both attorneys have given you excellent advice. If you need further assistance, you can use the Find A Lawyer function on the top of the page. Good luck!
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