Eviction (by Chris Thomas [WI]) Oct 29, 2009 3:00 PM|
Eviction (by MrRational [MD]) Oct 29, 2009 3:13 PM
Eviction (by rEID [KS]) Oct 29, 2009 3:15 PM
Eviction (by Cat [WI]) Oct 31, 2009 5:18 PM
Eviction (by Cat [WI]) Oct 31, 2009 5:29 PM
Eviction (by tim [NV]) Nov 2, 2009 5:16 AM
Eviction (by Chris Thomas [WI]) Posted on: Oct 29, 2009 3:00 PM
State Specific Question About: WISCONSIN (WI)
I'm in the process of selling a home in WI. My customer owns the home and her son has been living in the home and paying the mortgage due each month directly to the bank. We have an offer to purchase the home, which is scheduled to close on Nov. 13th. The offer was written in early September and the son was in on the negotiations, so he is well aware of the closing date. He did not pay the October rent/mortgage or the utilities. He has since been placed in jail. My question is...how can the owner go about getting his personal belongings removed from the home? Has the home been abandoned at this point? Does she need to give an eviction notice and if so, how many days must she give him. And, how can she give the notice? He can only be contacted on Sundays or by mail while he's in jail. Thanks for any assistance/advice. --71.98.xx.xxx
Eviction (by MrRational [MD]) Posted on: Oct 29, 2009 3:13 PM
My question is...how can the owner go about getting his personal belongings removed from the home?"
I'd go with one of those storage pods. When he gets out of jail Mom can ask him where he wants his stuff delivered to.
oh and forget altogether about the finer legal points... this is between Mom and her son.
Eviction (by rEID [KS]) Posted on: Oct 29, 2009 3:15 PM
he can be served a summons while in jail , it'll be easy to find him. Chk and see what Wi says about what constitutes abandonment in that state. look at the top of this page under LL/ Tenant State laws --70.252.xxx.xxx
Eviction (by Cat [WI]) Posted on: Oct 31, 2009 5:18 PM
I was going to try to help with this one, but am not really sure of the scenario yet.
You state that that your customer (which I have no idea what you mean by customer) owns the house but you are selling it. You state that HER son is living there and is aware of the negotiations but yet the owner needs to get HIS personal belongings out. Is the she and the he you refer to, married or co owners of the property? IF so, it is her and his son and they need to get him out. If he will not go, you can try a 5 day and/or 14 day notice, depending on how long the lease is, but even teh 14 day notice will be after the closing date now and no guarantee that he will move.
Are you a real estate agent to be selling the property for a customer?
If the son still has items in the home, I would strongly suggest that the mother and her son have a heart to heart talk and figure out how to get his things out. If she is not willing to do that, file for eviction, although by the time you get him out, it will be way beyond the closing date.
Too many things here are not clear for me to give my best advice. I think maybe getting an attorney may be needed, if the parents have no control over the son to guarantee he will be moved out. How long has he been in jail and why haven't they cleared his stuff out already? How much longer will he be in jail. The parents here are dropping the ball, to be sure the property is closed on time. Failure to close can be grounds for the new buyer to sue, so I would do SOMETHING now and be sure it is legal.
Sorry I could not help more. Hopefully the mother can get him out asap and if nothing else, store his belongings in a storage unit, until he gets out of jail to find a new home.
Eviction (by Cat [WI]) Posted on: Oct 31, 2009 5:29 PM
I forgot to ask if there is a written lease and if so, does it state anything about abandonment. In Wisconsin after a certain period of time (which is not clearly addressed) a landlord may move items left in an apt to a storage fee and can charge the tenant for moving it there and storing it. The landlord must send certain notices, etc within time restraints, so an attorney may be needed here. You cannot charge a tenant any other fees for getting his belongings from a storage unit you procured, other than moving and storing,etc. You cannot require a tenant to pay back rent, damages to rental, etc in order to get storage property back, just the expenses to move property there and store. Read the Wisconsin landlord/tenant law for more information.
I guess a lot depends on how long the tenant has been in jail and how much longer he will be there.
Eviction (by tim [NV]) Posted on: Nov 2, 2009 5:16 AM