What to Do if a Tenant Abandoned Property and Belongings in Wisconsin?
Full Question:
Answer:
A landlord generally isn't allowed to use self-help measures to evict a tenant, such as changing the locks. Formal court orders are usually required to get a tenant out of residential rental property.
The following is a portion of a WI statute:
(5) Storage or disposition of personalty left by tenant.
(a) Procedure. If a tenant removes from the premises and leaves personal
property, the landlord may do all of the following:
1. Store the personalty, on or off the premises, with a lien on the
personalty for the actual and reasonable cost of removal and storage or, if
stored by the landlord, for the actual and reasonable value of storage. The
landlord shall give written notice of the storage to the tenant within 10
days after the charges begin. The landlord shall give the notice either
personally or by ordinary mail addressed to the tenant's last-known address
and shall state the daily charges for storage. The landlord may not include
the cost of damages to the premises or past or future rent due in the
amount demanded for satisfaction of the lien. The landlord may not include
rent charged for the premises in calculating the cost of storage. Medicine
and medical equipment are not subject to the lien under this subdivision,
and the landlord shall promptly return them to the tenant upon request.
2. Give the tenant notice, personally or by ordinary mail addressed to
the tenant's last-known address, of the landlord's intent to dispose of the
personal property by sale or other appropriate means if the property is not
repossessed by the tenant. If the tenant fails to repossess the property
within 30 days after the date of personal service or the date of the
mailing of the notice, the landlord may dispose of the property by private
or public sale or any other appropriate means. The landlord may deduct from
the proceeds of sale any costs of sale and any storage charges if the
landlord has first stored the personalty under subd. 1. If the proceeds
minus the costs of sale and minus any storage charges are not claimed
within 60 days after the date of the sale of the personalty, the landlord
is not accountable to the tenant for any of the proceeds of the sale or the
value of the property. The landlord shall send the proceeds of the sale
minus the costs of the sale and minus any storage charges to the department
of administration for deposit in the appropriation under s. 20.143 (2) (h).
3. Store the personalty without a lien and return it to the tenant.
(c) Rights of 3rd persons. The landlord's lien and power to dispose as
provided by this subsection apply to any property left on the premises by
the tenant, whether owned by the tenant or by others. That lien has
priority over any ownership or security interest, and the power to dispose
under this subsection applies notwithstanding rights of others existing
under any claim of ownership or security interest. The tenant or any
secured party has the right to redeem the property at any time before the
landlord has disposed of it or entered into a contract for its disposition
by payment of the landlord's charges under par. (a) for removal, storage,
disposition and arranging for the sale.
(d) Other procedure. The remedies of this subsection are not exclusive
and shall not prevent the landlord from resorting to any other available
judicial procedure.
The following is a WI statute:
704.17 Notice terminating tenancies for failure to pay rent or other breach
by tenant.
(1) Month-to-month and week-to-week tenancies.
(a) If a month-to-month tenant or a week-to-week tenant fails to pay rent
when due, the tenant's tenancy is terminated if the landlord gives the
tenant notice requiring the tenant to pay rent or vacate on or before a
date at least 5 days after the giving of the notice and if the tenant fails
to pay accordingly. A month-to-month tenancy is terminated if the landlord,
while the tenant is in default in payment of rent, gives the tenant notice
requiring the tenant to vacate on or before a date at least 14 days after
the giving of the notice.
(b) If a month-to-month tenant commits waste or a material violation of
s. 704.07 (3) or breaches any covenant or condition of the tenant's
agreement, other than for payment of rent, the tenancy can be terminated if
the landlord gives the tenant notice requiring the tenant to vacate on or
before a date at least 14 days after the giving of the notice.
(c) A property owner may terminate the tenancy of a week-to-week or
month-to-month tenant if the property owner receives written notice from a
law enforcement agency, as defined in s. 165.83 (1) (b), or from the office
of the district attorney, that a nuisance under s. 823.113 (1) or (1m) (b)
exists in that tenant's rental unit or was caused by that tenant on the
property owner's property and if the property owner gives the tenant
written notice requiring the tenant to vacate on or before a date at least
5 days after the giving of the notice. The notice shall state the basis for
its issuance and the right of the tenant to contest the termination of
tenancy in an eviction action under ch. 799. If the tenant contests the
termination of tenancy, the tenancy may not be terminated without proof by
the property owner by the greater preponderance of the credible evidence of
the allegation in the notice from the law enforcement agency or the office
of the district attorney that a nuisance under s. 823.113 (1) or (1m) (b)
exists in that tenant's rental unit or was caused by that tenant.
(2) Tenancies under a lease for one year or less, and year-to-year
tenancies.
(a) If a tenant under a lease for a term of one year or less, or a
year-to-year tenant, fails to pay any installment of rent when due, the
tenant's tenancy is terminated if the landlord gives the tenant notice
requiring the tenant to pay rent or vacate on or before a date at least 5
days after the giving of the notice and if the tenant fails to pay
accordingly. If a tenant has been given such a notice and has paid the rent
on or before the specified date, or been permitted by the landlord to
remain in possession contrary to such notice, and if within one year of any
prior default in payment of rent for which notice was given the tenant
fails to pay a subsequent installment of rent on time, the tenant's tenancy
is terminated if the landlord, while the tenant is in default in payment of
rent, gives the tenant notice to vacate on or before a date at least 14
days after the giving of the notice.
(b) If a tenant under a lease for a term of one year or less, or a
year-to-year tenant, commits waste or a material violation of s. 704.07 (3)
or breaches any covenant or condition of the tenant's lease, other than for
payment of rent, the tenant's tenancy is terminated if the landlord gives
the tenant a notice requiring the tenant to remedy the default or vacate
the premises on or before a date at least 5 days after the giving of the
notice, and if the tenant fails to comply with such notice. A tenant is
deemed to be complying with the notice if promptly upon receipt of such
notice the tenant takes reasonable steps to remedy the default and proceeds
with reasonable diligence, or if damages are adequate protection for the
landlord and the tenant makes a bona fide and reasonable offer to pay the
landlord all damages for the tenant's breach. If within one year from the
giving of any such notice, the tenant again commits waste or breaches the
same or any other covenant or condition of the tenant's lease, other than
for payment of rent, the tenant's tenancy is terminated if the landlord,
prior to the tenant's remedying the waste or breach, gives the tenant
notice to vacate on or before a date at least 14 days after the giving of
the notice.
(c) A property owner may terminate the tenancy of a tenant who is under a
lease for a term of one year or less or who is a year-to-year tenant if the
property owner receives written notice from a law enforcement agency, as
defined in s. 165.83 (1) (b), or from the office of the district attorney,
that a nuisance under s. 823.113 (1) or (1m) (b) exists in that tenant's
rental unit or was caused by that tenant on the property owner's property
and if the property owner gives the tenant written notice requiring the
tenant to vacate on or before a date at least 5 days after the giving of
the notice. The notice shall state the basis for its issuance and the right
of the tenant to contest the termination of tenancy in an eviction action
under ch. 799. If the tenant contests the termination of tenancy, the
tenancy may not be terminated without proof by the property owner by the
greater preponderance of the credible evidence of the allegation in the
notice from the law enforcement agency or the office of the district
attorney that a nuisance under s. 823.113 (1) or (1m) (b) exists in that
tenant's rental unit or was caused by that tenant.
(3) Lease for more than one year.
(a) If a tenant under a lease for more than one year fails to pay rent
when due, or commits waste, or breaches any other covenant or condition of
the tenant's lease, the tenancy is terminated if the landlord gives the
tenant notice requiring the tenant to pay the rent, repair the waste, or
otherwise comply with the lease on or before a date at least 30 days after
the giving of the notice, and if the tenant fails to comply with the
notice. A tenant is deemed to be complying with the notice if promptly upon
receipt of the notice the tenant takes reasonable steps to remedy the
default and proceeds with reasonable diligence, or if damages are adequate
protection for the landlord and the tenant makes a bona fide and reasonable
offer to pay the landlord all damages for the tenant's breach; but in case
of failure to pay rent, all rent due must be paid on or before the date
specified in the notice.
(b) A property owner may terminate the tenancy of a tenant who is under a
lease for a term of more than one year if the property owner receives
written notice from a law enforcement agency, as defined in s. 165.83 (1)
(b), or from the office of the district attorney, that a nuisance under s.
823.113 (1) or (1m) (b) exists in that tenant's rental unit or was caused
by that tenant on the property owner's property and if the property owner
gives the tenant written notice to vacate on or before a date at least 5
days after the giving of the notice. The notice shall state the basis for
its issuance and the right of the tenant to contest the termination of
tenancy in an eviction action under ch. 799. If the tenant contests the
termination of tenancy, the tenancy may not be terminated without proof by
the property owner by the greater preponderance of the credible evidence of
the allegation in the notice from the law enforcement agency or the office
of the district attorney that a nuisance under s. 823.113 (1) or (1m) (b)
exists in that tenant's rental unit or was caused by that tenant.
(4) Form of notice and manner of giving. Notice must be in writing and
given as specified in s. 704.21. If so given, the tenant is not entitled
to possession or occupancy of the premises after the date of termination
specified in the notice.
(5) Contrary provision in the lease. Provisions in the lease or rental
agreement for termination contrary to this section are invalid except in
leases for more than one year.
Please see the information at the following links:
http://definitions.uslegal.com/l/landlord-tenant-abandoned-property/
http://lawdigest.uslegal.com/landlord-tenant/lease-termination/6058/
Please see the forms at the following links:
http://www.uslegalforms.com/wi/WI-817LT.htm
http://secure.uslegalforms.com/cgi-bin/forms/query.pl?S-T-WI-B-aband