Not related to photography but interesting situation...

Discussion in 'Off Topic Chat' started by footballfan993, Feb 6, 2016.

  1. footballfan993

    footballfan993 TPF Noob!

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    So I had an old tenant/roommate who decided to not pay rent or utilities anymore, and moved out, unexpectedly, and now owes thousands of dollars. Well his mom, who should know better that he know longer lives here, she keeps forwarding his mail here, and I have sent it back numerous times stating that he no longer lives here. Recently I got his w-2s in the mail, and mailed them back to the original sender, with a lovely (sacasm) note, explaining the situation, and how irresponsible he is. My mom, is worried that my old tenant/roommate (my parents own the house, and I rent it from them, along with other roommates) is going to come over one day, and either harm me, or threat me, or something.

    I was wondering even if I don't have a "no trespassing" sign, can I still kick him off of my property and threaten to call the cops?


     
  2. 480sparky

    480sparky Chief Free Electron Relocator Supporting Member

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    FWIW, I wouldn't take legal advice from total strangers off the innernets.
     
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  3. table1349

    table1349 Been spending a lot of time on here!

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    You can always call the police. As for kicking him off the property, that would depend on the laws where you live. Check with the local sheriff's department as this may well be a civil matter. In most jurisdictions civil matters of this sort are handled by the sheriff dept. not the local police dept.
     
  4. limr

    limr Moderator Staff Member Supporting Member

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    Wisconsin Legislature: 943.14

    943.14  Criminal trespass to dwellings. Whoever intentionally enters the dwelling of another without the consent of some person lawfully upon the premises, under circumstances tending to create or provoke a breach of the peace, is guilty of a Class A misdemeanor.
    History: 1977 c. 173.
    Criminal trespass to a dwelling is not a lesser included offense of burglary. Raymond v. State, 55 Wis. 2d 482, 198 N.W.2d 351 (1972).
    Regardless of any ownership rights in the property, if a person enters a dwelling that is another's residence, without consent, this section is violated. State v. Carls, 186 Wis. 2d 533, 521 N.W.2d 181 (Ct. App. 1994).
    Entering an outbuilding accessory to a main house may be a violation. 62 Atty. Gen. 16.
     
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  5. minicoop1985

    minicoop1985 Been spending a lot of time on here!

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    This is all you need to know. /thread, pretty much.
     
  6. table1349

    table1349 Been spending a lot of time on here!

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    All well and good, except you do not cite any of the laws about tenant/landlord rights. That is exactly why I suggested the OP contact the sheriff department in his location. The OP can explain the situation to the civil section and they can advise him where he stands at this point. On more than one occasion in my 33 1/2 years I have had to regretfully arrest a property owner because they failed to do due diligence under the laws dealing with tenant/landlord and were in fact the person trespassing as they had failed to properly sever the claim of the tenant by law.
     
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  7. limr

    limr Moderator Staff Member Supporting Member

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  8. table1349

    table1349 Been spending a lot of time on here!

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    As possibly would subsection 19, subsection 21 and other subsections. What about 706.02. Is it in effect? OP has provided far to little information to make a definitive recommendation buy ANYONE on this board. That is precisely why I suggested that the OP at the minimum contact the sheriff department civil section that deals with such matters as evictions, explain the whole of the circumstances and see what his standing is.

    The OP is free to do as he wishes, however it is the wiser corse of action to Know where one stands than to guess.
     
  9. Designer

    Designer Been spending a lot of time on here!

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    In our town, at least, tenants have rights. In fact, tenant's rights very often supersede the proper owner's rights in certain circumstances.

    (In our town, AFIK) the property owner cannot remove a tenant without cause, and must give adequate (some say abundant) notice of any action to evict. The tenant may still have rights, even though he is a deadbeat, and has apparently moved out.

    1. Go see your attorney.
    2. Begin the eviction process immediately.
    3. Dot your i's and cross your t's.
    4. If at any time someone (anyone) comes to your property and threatens you with physical harm, you should call the police. Threatening is a crime.
    5. Keep meticulous records as to any portion of utilities you have had to pay on his behalf.
    6. I assume you had a signed rental agreement between the two of you, and that will become part of the evidence trail.
     
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  10. BananaRepublic

    BananaRepublic No longer a newbie, moving up!

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    Judge Judy makes $45 million a year airing such cases, surely thats criminal.
     
    Last edited: Feb 7, 2016
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  11. limr

    limr Moderator Staff Member Supporting Member

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    Well of course - he or his parents know the details of the lease and we don't. I wasn't giving advice, but offering information that is relevant. Reading the actual law is not contradictory to "check with the sheriff."
     
  12. table1349

    table1349 Been spending a lot of time on here!

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    My question from your post is simple. We don't know the full details. Did you actually post the actual law that applies in this situation? 943.14 may have no application to this situation. We just don't know with what was posted and since the OP asked it would leave me to believe that neither does the OP.
     

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