My question involves landlord-tenant law in the State of: Wisconsin
Alright, this is a bit of a complicated issue. I and my girlfriend fell into a difficult situation in July, and a friend offered to rent out her basement to us in our time of need. There is NO written agreement on paper, however there is an exchange of electronic messages (Not email, instant messaging) that spelled out the terms of our agreement. The terms of the agreement were for it to be a temporary month to-month rental agreement. We had moved in on July 18th, and paid rent on that date. Rent has continued to be paid in full on the 18th of each month we have resided here. As per the agreement we are not responsible for any utilities/water/garbage. I volunteered to hook up internet in my name through the local cable company due to the fact her bill was past delinquent, and disconnected.
It is my understanding NOW that the original tenant renting to US never informed the landlord about her renting out the room, or adding us to any lease. Everything has been fine up until today. After a disagreement as to why her electric bill is higher than normal she has demanded (Verbally) we move out by November 1st. It is my understanding that if in the state of Wisconsin that any notice to vacate must be provided at least 28 days before the date the end of a rental period (month). Meaning she would have had to inform us on, or before September 20th, to have us leave BY October 18th. It is my understanding this would be considered ample notice (even though it is not in writing) for us to vacate by November 18th, as this is more than 28 days prior to said date.
When I informed her that what she was doing was not only rash, and unfair, but that I am aware of how landlord tenant law works in this state, and that she cannot demand that we leave mid rental period, and that while this was ample notice for November, that it cannot be November 1st.
She then said she would contact the landlord, and inform him of her own violation of her rental agreement with him, and have him process a court order to evict us. I then informed her that it most likely end up getting us all thrown out, and that this is a very sticky situation for all of us.
I need to know what my rights are, how can I protect myself from her taking advantage of the situation, and violating our rights to legal notice to vacate as tenants? Do we have until the 18th, or the 1st? What will happen if she does contact the landlord? Will I be slapped with an unlawful detainer?
As far as I know, legally I should be considered a resident as I have resided, collected mail, and have paid bills (Some of which are registered in MY NAME - Internet) at this location for over 30/31 days.
Alright, this is a bit of a complicated issue. I and my girlfriend fell into a difficult situation in July, and a friend offered to rent out her basement to us in our time of need. There is NO written agreement on paper, however there is an exchange of electronic messages (Not email, instant messaging) that spelled out the terms of our agreement. The terms of the agreement were for it to be a temporary month to-month rental agreement. We had moved in on July 18th, and paid rent on that date. Rent has continued to be paid in full on the 18th of each month we have resided here. As per the agreement we are not responsible for any utilities/water/garbage. I volunteered to hook up internet in my name through the local cable company due to the fact her bill was past delinquent, and disconnected.
It is my understanding NOW that the original tenant renting to US never informed the landlord about her renting out the room, or adding us to any lease. Everything has been fine up until today. After a disagreement as to why her electric bill is higher than normal she has demanded (Verbally) we move out by November 1st. It is my understanding that if in the state of Wisconsin that any notice to vacate must be provided at least 28 days before the date the end of a rental period (month). Meaning she would have had to inform us on, or before September 20th, to have us leave BY October 18th. It is my understanding this would be considered ample notice (even though it is not in writing) for us to vacate by November 18th, as this is more than 28 days prior to said date.
When I informed her that what she was doing was not only rash, and unfair, but that I am aware of how landlord tenant law works in this state, and that she cannot demand that we leave mid rental period, and that while this was ample notice for November, that it cannot be November 1st.
She then said she would contact the landlord, and inform him of her own violation of her rental agreement with him, and have him process a court order to evict us. I then informed her that it most likely end up getting us all thrown out, and that this is a very sticky situation for all of us.
I need to know what my rights are, how can I protect myself from her taking advantage of the situation, and violating our rights to legal notice to vacate as tenants? Do we have until the 18th, or the 1st? What will happen if she does contact the landlord? Will I be slapped with an unlawful detainer?
As far as I know, legally I should be considered a resident as I have resided, collected mail, and have paid bills (Some of which are registered in MY NAME - Internet) at this location for over 30/31 days.
Subleases: How to Properly End a Month to Month Lease
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