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Updated over 8 years ago on . Most recent reply

User Stats

4
Posts
1
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Phillip Prokash
  • Investor
  • De Pere, WI
1
Votes |
4
Posts

Wisconsin eviction help

Phillip Prokash
  • Investor
  • De Pere, WI
Posted

Hello,

I have a potentially unpleasant tenant situation happening and am not sure how to handle them. I rented out a unit three months back to a husband and wife. They have been late two of the three months and he called to let me know he is moving out and they are getting a divorce. She is unemployed and I know cannot afford the rent on her own. I'm willing to let them out of the lease but she is not willing to move out. Any suggestions for what I can do to try and get ahead of the situation? He is paying the rent for December but that will most likely be the last check I receive from either one. 

Thanks in advance for your help!

Most Popular Reply

User Stats

63
Posts
28
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Kevin Kurt
  • Waunakee, WI
28
Votes |
63
Posts
Kevin Kurt
  • Waunakee, WI
Replied

I am assuming they are on a year long lease.  If it is a month to month lease just terminate the lease.  If it is a year long lease I would let the husband know that he is still responsible for the rent payment as long as the wife remains an occupant.  He signed the lease, and most leases should have a section on joint and severable liability meaning you could go after either or both parties.  He may not like it, but he signed contract that he would pay rent for a year.  He may be able to put some pressure on her to move on, or may pay the rent as part of the divorce settlement.  If the rent is not paid according to the lease I would give both of them a pay or quit notice.  

That would be my plan of attack right after I contacted my lawyer, to make sure everything is legal and everything is done properly.  I would suggest you do the same, I am not a lawyer, and my advise shouldn't be taken as legal advice.

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