How to Ensure a Guest Does Not Turn into a Tenant in Wisconsin?

Question from Bob, How to Ensure a Guest Does Not Turn into a Tenant in Wisconsin?

Answer from AI:

In Wisconsin, it’s important to understand the distinction between a guest and a tenant to avoid potential legal complications. Here are some general guidelines and steps you can take to ensure a guest does not inadvertently gain tenant rights.

Understanding the Difference Between a Guest and a Tenant

A **guest** is someone who stays temporarily without any expectation of long-term residence or rights to the property. A **tenant**, on the other hand, has a legal right to occupy the property, usually established through a lease or rental agreement.

Steps to Ensure a Guest Remains a Guest

To prevent a guest from becoming a tenant, consider the following steps:

1. Set Clear Expectations: Clearly communicate the temporary nature of the stay. Specify the duration and conditions of the visit in writing if possible.
2. Limit the Duration of Stay: Avoid allowing guests to stay for extended periods. In Wisconsin, a stay longer than 14 days within a 3-month period could be considered a tenancy.
3. Avoid Accepting Rent: Do not accept any form of payment from the guest for their stay. Accepting money can imply a landlord-tenant relationship.
4. Maintain Control Over the Property: Ensure that you retain control over the property, such as having access to all areas and not giving the guest exclusive possession of any part of the property.
5. Document the Stay: Keep records of the guest’s arrival and departure dates, and any communications regarding the temporary nature of their stay.

Legal Considerations and Resources

If a guest refuses to leave and you believe they have become a tenant, you may need to follow formal eviction procedures. In Wisconsin, eviction is governed by Chapter 704 of the Wisconsin Statutes.

• Wisconsin Statutes Chapter 704
• Wisconsin Court System: Eviction Information

When to Seek Legal Advice

If you are unsure about the status of a guest or need to initiate eviction proceedings, it is advisable to consult with a legal professional. An attorney can provide personalized advice based on your specific situation and help you navigate the legal process.

Remember, this information is intended to provide a general understanding and should not be considered legal advice. For personalized assistance, always consult with a qualified attorney.