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Updated about 14 years ago on . Most recent reply

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203
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Uwe K.
  • Milwaukee, WI
50
Votes |
203
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Visitor vs. tenant status for eviction

Uwe K.
  • Milwaukee, WI
Posted

So basically my question is:
When is a person in the rental a visitor, and when can he be considered a tenant?
My lease says visitors allowed up to 2 weeks. Pretty much standard here, and the same rule is in the statutes (WI).
Now I understand that there are many details that can influence it, but my background is, that the dad moved in with the daughter beg. of Jan. He also said he moved in until he finds a place on his own. He is not on the lease, I said he must be for Feb. if he stays, but agreed for him to be in there.
In the meantime I started the eviction because of non-payment, and I considered the dad to be a tenant and added him on the paper work.
They will try to deny that he was a tenant, so just wanted to hear your ideas and experiences. I think there was at least a verbal rental agreement between the dad and me. Just not sure now how the court will see it.
By the way, he used to live there before, was on the lease, but moved out. A new lease was signed with just the daughter at that point.

Most Popular Reply

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566
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356
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Ralph S.
  • Real Estate Investor
  • Sacramento, CA
356
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566
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Ralph S.
  • Real Estate Investor
  • Sacramento, CA
Replied

Another test of tenancy will come into play. A visitor has another, permenant place of residence. If dad doesn't or can't show he has a perm residence elsewhere, he'll be considered your tenant.
There are a couple other reasons you want to include dad in the eviction. One, he'll share the burden of paying any back rent or damages you are awarded in court, and two, if you only evict the daughter and don't include the "et. al." in the court filing, you could end up on eviction day with him saying he wasn't evicted, and the Sheriff's won't remove him or any of the stuff he claims as his.
Not a lawyer, and none of this is legal advice, but I would always include the names of all adults that I know are staying there, and the et.al. for good measure.

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