How To Get Rid Of A Squatter In Wisconsin

How to Get Rid of a Squatter in Wisconsin: A Step-by-Step Guide

Evicting a squatter in Wisconsin can be a complex legal process. It's crucial to understand your rights and follow the correct procedures to avoid legal complications. This guide outlines the steps involved, but remember, consulting with a Wisconsin landlord-tenant attorney is highly recommended. This information is for educational purposes only and does not constitute legal advice.

Understanding Wisconsin's Laws Regarding Squatters

In Wisconsin, a squatter is someone who occupies your property without your permission and with no legal right to be there. They are different from tenants with a lease agreement, even if that agreement has expired. Simply asking them to leave is often insufficient; you need to follow a specific legal process. The key difference lies in the lack of a legally recognized tenancy.

Establishing Lack of Permission

Before initiating eviction proceedings, you need to definitively prove the squatter entered and remained on your property without your permission. This might involve gathering evidence such as:

• Witness testimonies: Statements from neighbors or others who can confirm the squatter's unauthorized entry.
• Photos and videos: Documentation showing the squatter's presence on your property.
• Security camera footage: If you have security cameras, this can provide strong evidence.
• Correspondence: Any communication (emails, letters) demonstrating your attempts to have them vacate.

The Eviction Process in Wisconsin

Evicting a squatter in Wisconsin requires following specific legal procedures:

1. Serve an Eviction Notice:

This is a formal legal document that informs the squatter they must leave your property within a specified timeframe. The notice must be served correctly. Incorrect service can invalidate the entire process. Consider using certified mail with return receipt requested for proof of service. The exact wording and timeframe of the notice depend on the circumstances and must comply with Wisconsin law.

2. File for Eviction in Court (Unlawful Detainer):

If the squatter fails to leave after receiving the proper notice, you must file an "unlawful detainer" lawsuit in the Wisconsin circuit court in the county where the property is located. This lawsuit initiates the formal eviction process. You will need to:

• Complete and file the necessary court forms.
• Pay court filing fees.
• Serve the squatter with a summons and complaint. This requires proper legal service, potentially involving a process server.

3. Attend Court Hearings:

You will need to attend court hearings where a judge will hear evidence and determine if the squatter has a legal right to be on your property. Be prepared to present your evidence proving lack of permission and the proper service of the eviction notice.

4. Obtain a Court Order:

If the court rules in your favor, you will receive a court order authorizing the eviction of the squatter. This order is crucial. You cannot forcibly remove the squatter without a court order.

5. Enforce the Court Order:

After obtaining the court order, you may need to hire a sheriff or constable to physically remove the squatter and their belongings from the property. This is usually the last step and involves a formal eviction process.

Protecting Yourself from Future Squatters

Prevention is better than cure. Here are some steps you can take to minimize the risk of squatters:

• Regular property checks: Regular inspections can detect unauthorized occupancy early.
• Secure your property: Strong locks, security systems, and good perimeter security are essential deterrents.
• Document everything: Keep records of property maintenance, repairs, and any interactions with potential squatters.
• Clearly post "No Trespassing" signs: This serves as a visual deterrent and a warning.

Disclaimer: This information is intended for educational purposes only and should not be considered legal advice. The laws surrounding evictions are complex and vary by jurisdiction. It is strongly recommended to consult with a qualified Wisconsin attorney specializing in landlord-tenant law for advice tailored to your specific situation. Ignoring legal requirements can lead to significant legal problems.