WI non-leased renter eviction

I'm not on the lease of my apartment--I just pay one of my roommates my 1/3rd of all bills and they pay the landlords.

I gave them notice I'd be moving January 2nd (I notified them December 2nd, I believe Wisconsin has a 28-day notice law for verbal month-to-months), and the roommate who pays the bills is so angry about it she's demanding I leave early- by the 17th, and refuses to return my rent pro-rated for the period she'd like me out by.

She's now threatening to change the locks if I'm not gone by then. I'm pretty sure this is illegal, but if she does this, how would the police etc. actually handle it do you suppose? There's no hope she'll be reasonable about any of it (she even refuses to let me watch the television, but says I'm still liable to pay 1/3rd of the cable bill!)

Any advice would be appreciated.

[OHlandlord]

You are correct in WI's law being 28 days of notice on a month to month tenant. Did you give this notice in writing? I suggest you give it to her in writing that you are giving her the 28 days notice as required by WI Statute Ann. 704.19 and that you will be out by xx/xx/xx date and will return the keys on that day. Keep a copy of this notice. If you need to, backdate it and notate it as "per our conversation of December 2nd, ..."

Your roommate has no right to change the locks or keep you out of the apartment in any other way before that date (and must take court action if you fail to leave by that time). This is an example of an illegal eviction and she can be sued for this (by you). I suggest you keep some paperwork in your car that shows you live in the unit. If she locks you out, call the police and show them the paperwork that shows you live there. (Utility bills, mail addressed to you there, magazine subscriptions, driver's license with that address, doctor's bills, any of these would show that you live there. Keep some in the car to show the police when and if you need to call them.) Police usually tell you it is a civil matter and since you live there you can get into the unit by your own means (call the LL to let you in, get a locksmith, break a window, etc. - but you will have to pay for the damages and then sue your soon-to-be ex-roommate for the money since she locked you out). She is not allowed to change the locks. You will not have surrendered possession of the unit to her by then.

And I'd just go ahead and watch TV anyways, or tell her you aren't paying for the portion of the cable bill for this month, and will sue her in small claims for this amount. She's not being reasonable. Why doesn't she want you to leave? Can't she afford the unit without you?

I am reluctant to even speculate what her motivations are. They don't make a lot of sense to me.

There's one possible bit of trouble: I notified her via e-mail on the 2nd. She replied on the 3rd. That's still definitely within the 28-day limit, but I'm hoping e-notice is as binding as a physical note; I was hoping it would be better than writing, as it's electronically dated right at that second, both parties automatically holding a copy. Now I'm not so sure.

Unfortunately I don't receive mail there (po boxes or parents' houses are so much more secure I find); a cancelled check to her every month is all the proof I've got, and I didn' t label it rent every single month, though she acknowledges I'm up to date on rent just fine. Perhaps I should speak with the owners of the property about the situation; I doubt she can change the locks without their permission.

[OHlandlord]

Print out your e-mail that you sent her. It should be dated when it is printed, providing proof of when you sent the e-mail to her. In future, it is better to send this in writing to the LL, and if there may be any doubt, send it by certified mail return receipt requested. Always keep a copy (in this case, keep it out of the apartment).

Maybe you should talk to the LL. Then if she does change the locks, they could let you back in. (There is a chance that she was not supposed to have another occupant in her unit). If you are lucky, they will be honest and reliable. Good luck.

Thanks. I appreciate your advice tremendously. You are very kind to offer it.