Being evicted...Need advice

I've been given a 14 day notice to vacate the property. The management company believes that I have someone living with me who is not on the lease. The person that they believe is "living" with us, is NOT living with us. He is a good friend who spends a lot of time at our place. However, in the past 2 weeks, he's only been over once.

I've been in contact with the lawyer that the management company has, who told me that they think I have someone living with me who is not on the lease. I asked him how I'm supposed to prove that he isn't living there... he said he doesn't know. I offered to give him my friend's address information so that they could go see for themselves that he in fact does have his own residence, but he declined.

There are two people on my lease, and those are the only two people who are LIVING in my apartment. I've asked other people for advice and they tell me to take them to court. However, I only have 13 days left of the 14 to vacate, and by then I'll already be gone.

I would appreciate any legal advice that I can get. I live in the state of Wisconsin, and my lease was supposed to go through June 2008.

[OHlandlord]

Many leases address how long a guest can stay at a unit before he is considered an occupant, and no longer a guest. If yours does not this will be difficult. If your friend is there all the time, it is no wonder why the LL believes he lives there. Most leases state that a person can only stay at the unit for 3 days total before he is not a guest. (Some give 7 days.) I'm guessing he has been there much longer than that already. (At least through the day.) Additionally, if he has recieved *any* mail there, he *has* established residence there by law. I suggest you approach the LL and tell him you will rectify the situation. Let him know your guest will not spend any more nights at your place. He should, in fact, make himself scarce for a while. Go to his place if need be. Give the LL his address and ask that he provide proof that he lives somewhere else (photo ID with that address, current utility bill, current lease copy, etc.) to the LL.

If your LL has had you served like this, chances are he has already collected evidence of him being there all the time. Mail addressed to him, his car parked there, increased utility bills, witness statements from neighbors, a log from the LL stating what dates/times he has seen him there, etc. can be submitted as proof he lives there. You need to talk to the LL about this now. If you agree to cure, he may allow you to stay.

Having someone "staying", "visiting", or coming to see you ALL THE TIME can be construed as living there. If they are in the unit nearly daily, it could be construed as them living there. Just because they are gone for 8 hours a day or overnight, won't show they aren't. (You're gone to work 8 hours a day and some people work nights.) Having their own place doesn't mean they aren't also living in your unit either. You might win in court, then again, you might not. If you want to chance it, go to court. Otherwise, speak to your LL quickly. If you have to go to court, it will be for an eviction case and will be on your record.

[able1]

Good advice!