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  1. #1
    Join Date
    Mar 2013
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    Default Tenant Has Abandoned Premises

    My question involves an eviction in the state of: Wisconsin

    I gave tenants a non renewal of month to month rental agreement. They have not been staying at the premises since March 17, 2013. We live on site so I can verify this. I hired a property manager to show the apartment on March 17, 2013 and the tenant left a note on the 21st of March saying I broke our contract because I was present during the showing.

    My main concern is if they have not been occupying the apartment since the 17th and have not vacated the premises at end of contract, can we change the locks at 12:00 a.m. April 1, 2013? How do we prove that they have abandoned the premises (all of their belongings are still on site)? Do we have to start an eviction process and which process would be the best?

    Also, when I was in the apartment, the heat was set to 48 degrees. Do tenants have to keep the heat set to a minimum temperature during heating season like landlords have to?

    Thank you!

  2. #2
    Join Date
    Dec 2012
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    1,026

    Default Re: Tenant Has Abandoned Premises

    Here's your problem...

    How do you KNOW they've abandoned the premises? They haven't removed any of their property. Since they're aware you've shown the property it's fairly obvious they're keeping tabs on the place somehow.

    If their items are not out by the end of March, it would be FAR better for you to begin the process of eviction rather than simply changing the locks. These sound like the type of tenants who would not hesitate to bring a lawsuit against you for an illegal eviction if you simply went ahead and changed the locks without a court order granting you the right to do so.

    Gail

  3. #3
    Join Date
    Mar 2013
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    2

    Default Re: Tenant Has Abandoned Premises

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    I have given them written 24 hour notice each time via text message I have shown the apartment. The property is a duplex and we live on site so I know they have not been at home for a week and a half. Neither co-tenant works and they were always home. Do you think a 5 day or a 30 day eviction would be better if they do not vacate? If I have no way to serve them papers since they are not on the property, then what? Just post? I am just extremely worried that they have abandoned and will be stuck with storage fees and a 6 month process. Thanks for your information.

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  4. #4
    Join Date
    Mar 2013
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    Default Re: Tenant Has Abandoned Premises

    Quote Quoting burtsmb86
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    - - - Updated - - -

    I have given them written 24 hour notice each time via text message I have shown the apartment.
    OK, good. Then you didn't breach anything.


    Quote Quoting burtsmb86
    View Post
    - - - Updated - - -

    The property is a duplex and we live on site so I know they have not been at home for a week and a half. Neither co-tenant works and they were always home. Do you think a 5 day or a 30 day eviction would be better if they do not vacate?
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    Wouldn't matter. If your situation is not resolved by a move out and surrender of keys by the last day of this month, you'll be wise to seek possession in accordance with the statute.

    Obviously, you CAN do whatever you want, but not without potential consequences if you don't follow the statutes and court procedures.

    Quote Quoting burtsmb86
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    - - - Updated - - -

    If I have no way to serve them papers since they are not on the property, then what?

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    Rules of civil procedure often allow service by publication if service is otherwise impossible. But that generally requires asking for and receiving consent from the court.

    Quote Quoting burtsmb86
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    - - - Updated - - -

    I am just extremely worried that they have abandoned and will be stuck with storage fees and a 6 month process.

    - - - Updated - - -
    A very real risk that every landlord takes when he becomes a landlord. Been there.

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Tenant Has Abandoned Premises

    Assuming this was a month to month tenancy and assuming you gave WRITTEN notice on March 1 for termination at the end of the month, you have to wait till March 31.

    See:

    http://law.justia.com/codes/wisconsi...04/704.19.html

    If they return the keys and the premises to you on March 31 you're OK.

    If they or their property are still there after March 31 you will need to go to court for possession.

    Your presence while showing the property didn't, by itself, breach anything. However, your showing of the property without proper notice to the tenant probably did breach the statute.

    See:

    http://law.justia.com/codes/wisconsi...04/704.05.html

    I suggest that you carefully and thoroughly study the landlord tenant statutes and be well aware of your rights AND obligations:

    http://law.justia.com/codes/wisconsin/2011/704/

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