The eviction process is expensive. It can get even more expensive if you have to hire your local sheriff's department to move your tenant's belongings out. Most counties in southeastern Wisconsin require large deposits in order to take on this task. There is good news, however. If you have proper language in your lease, you may be able to dispose of your tenant's property at your own discretion, forgoing the need for the sheriff to do the heavy lifting.
While there are many reasons to update your lease annually, a few updates to your lease language can save you a lot of money. Standard leases usually have language as it relates to the disposal of abandoned property. With the passage of 2013 Act 76, a landlord is able to remove property of the tenant after the Sheriff has returned possession of the property back to him/her. However, the landlord must provide proper notice stating that in the event of an eviction, the personal property will not be stored and will be disposed of in a manner deemed appropriate by the landlord. Reference Wis. Stat. § 704.05(5)(bf) (2015-16) for more information on the notice.
If you have questions as to whether the language in your lease qualifies as proper notice for the disposal of abandoned property, contact our office today!