Disclaimer

This article explains general Wisconsin law and common steps owners take when someone occupies property without permission. This is educational information only and is not legal advice. Consult a Wisconsin attorney about your specific situation.

Detailed Answer

If an unknown person or group is living in (or occupying) your property before you close a sale, you generally cannot remove them by force. Wisconsin law gives property owners specific legal paths to regain possession, and the correct approach depends on the occupant’s legal status:

• Authorized occupant (tenant or licensee): If the person has a lease, rental agreement, or other permission to stay, you must follow Wisconsin landlord-tenant and eviction procedures to remove them. Eviction actions are governed by Wisconsin’s forcible entry and detainer procedure. See Wisconsin Statutes Chapter 799 for court process and rules: https://docs.legis.wisconsin.gov/statutes/statutes/799.
• Unauthorized occupant (squatter without permission): If the person entered without your permission and has no valid lease, they are typically a trespasser or a holdover occupant. For immediate threats or criminal activity, contact local law enforcement. For civil removal, owners normally must file a forcible entry and detainer action (eviction) in county court rather than using self-help (changing locks, removing belongings, or physically ejecting them yourself).
• Potential adverse possession claims: In rare situations, long-term, open, continuous, and hostile possession may lead to adverse possession rights. Wisconsin has statutes of limitations that affect quiet-title and adverse-possession claims. For limitations information, see Wisconsin Statutes Chapter 893 (limitations on actions): https://docs.legis.wisconsin.gov/statutes/statutes/893. If someone claims they’ve lived there long enough to acquire rights, speak to a lawyer promptly.

Typical step-by-step approach to remove an unauthorized occupant before a sale

1. Confirm ownership and rights. Pull the deed or title information to confirm you are the record owner and gather closing documents or sale contract so you can show the court a pending sale if needed.
2. Identify the occupant’s status. Ask whether they have a lease, written agreement, or permission to be there. If they claim tenancy, request documentation. If they refuse or you reasonably suspect they are trespassing, proceed with legal removal steps.
3. Call law enforcement only for criminal behavior or immediate danger. If the occupant committed a break-in, is violent, or is creating an immediate threat, call 911. Police can act on criminal trespass or burglary. If police decline to remove someone because the issue is civil (possession dispute), you must go to court.
4. File a forcible entry and detainer (eviction) action. In Wisconsin, property owners use the court’s forcible entry and detainer process to regain possession when someone refuses to leave. This is typically a county circuit court matter handled under Chapter 799 procedures. The court will set a hearing, and if you prevail, the court will issue an order for removal and authorize law enforcement to remove the occupant if necessary. See: Wis. Stat. ch. 799.
5. Serve proper notice when required. If the occupant has any tenant-like status, you likely must serve a written notice to quit or notice of termination before filing for eviction. Notice requirements and timeframes can vary with the occupant’s claimed status (tenant, month-to-month, holdover). Consult counsel to ensure notice requirements are met.
6. Obtain court order and coordinate with law enforcement. After a successful hearing, the court issues a writ or order of restitution. Law enforcement will typically supervise or execute the physical removal and prevent retaliatory conduct.
7. Handle personal property lawfully. Do not discard or remove the occupant’s belongings without following the court order and local rules. Laws and court orders often require specific handling of personal property left behind.
8. Close sale after clear title and possession. If the buyer or title company requires proof of vacancy, provide the court order or writ of removal. Title insurers frequently require clear possession before issuing coverage.

Timing and likely duration

Eviction/forcible entry actions typically take several weeks from filing to physical removal, depending on court schedules, service, and whether the occupant contests the action. Criminal processes move on different timelines; police may remove someone immediately only if a crime has occurred or there is imminent danger.

Other remedies and protections

• If the occupant is committing crimes (theft, vandalism), report those crimes; criminal charges can speed removal in some cases. See Wisconsin criminal statutes (chapter 943) for property crimes: https://docs.legis.wisconsin.gov/statutes/statutes/943.
• If you face claims of long-term possession, consult an attorney immediately about adverse possession and quiet-title actions. See Wis. Stat. ch. 893 for statutory limitations: https://docs.legis.wisconsin.gov/statutes/statutes/893.
• If you are selling the property, notify your title company and buyer about occupancy issues. Title insurers often require legal removal or a court order before issuing policies or closing.

Helpful Hints

• Document everything: photographs, dates, communications, and any threats. This evidence helps in court and with law enforcement.
• Do not engage in self-help eviction like changing locks, cutting utilities, or removing belongings. These actions can violate the law and expose you to liability.
• Contact your title company and escrow officer immediately if a sale is pending. They can advise on closing conditions and insurance requirements.
• Talk to a local Wisconsin real estate or eviction attorney early—procedural missteps can delay removal or harm your case.
• If the occupant claims tenancy, request written proof and copies of any alleged lease or payment records before taking legal steps.
• If you suspect adverse possession claims, gather historical documents (tax bills, utility records, prior notices) showing ownership and occupancy patterns.
• If the situation is urgent (violent or obvious criminal activity), call police first; then follow up with the civil process for a permanent remedy.