I am in contract on a property in auction (in Milwaukee) and wondering what are the laws around evicting the previous owner ?
I am strongly leaning towards cash for keys. What if that doesnt work out? Anyone been in a similar situation before ?
Well, i am gonna keep updating this thread on what i learn. I should have done my home work much before but glad i just started learning now about the DNS program that the city of Milwaukee has. Great information.
Are you buying it at the sheriff auction? if so you can get a writ of assistance then the sheriff can evict.
My first advice would be to open a channel of communication to the person and see what the situation is.
As Dawn has stated, it is always best to work out these situations informally as opposed to resorting to a court of law. Attorneys can be expensive, and there is bound to be lost revenue by resorting to the court system. As for how you should go about evicting a holdover landlord (I assume they are either living in or refusing to turn over the keys), that is something best discussed with a Milwaukee attorney. Generally speaking, the other posters are right in that you would need to file something with the court. As for whether that would be a "Quiet title action", "eviction", or other, that is best discussed with counsel. Good luck.
Had a similar situation last fall when we bought an REO with the former owner still in it. Hired a local attorney to file for eviction. The first time around they asked for 30 days and we granted that. When the 30 days was up and our PM went to check on the property they started screaming at her that they were staying and we could not make them move.
About a week latter we had a court date, we then put down a deposit with a moving company that the city works with, and after a second week or so had our hearing, running in favor of us. The sheriff and then showed up to make sure they were moving or the sherif and the movers would have stepped.
When the sherif pulled up the former owners were busy packing.....
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