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Updated over 9 years ago on . Most recent reply

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Brie Schmidt
  • Real Estate Broker
  • Chicago, IL
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After a fire - Tenant property

Brie Schmidt
  • Real Estate Broker
  • Chicago, IL
ModeratorPosted

A month ago tomorrow we had a fire at one of our properties in Milwaukee.  Our property manager dropped the ball in a million ways so we fired them and are now trying to get an idea of where we are at with everything.

Before we can do a dry out we need the tenant's personal items removed.  Tenant #1 has a phone no longer in service.  Tenant #2 has not returned our calls.  Tenant #3 I am talking to later today.

We would like their stuff out by Monday, but have no idea what they were told in terms of deadlines or expectations (The old PM would probably be lying anyway if I asked)

Can we just offer to move it to a storage facility for a month and pay for it?  Is there a legal requirement for getting their stuff out?  What have you done in this situation?

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Second City Real Estate
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James R.
  • Investor
  • New Orleans, LA
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James R.
  • Investor
  • New Orleans, LA
Replied

Brie, I have never had this situation, but I would be careful about throwing their stuff out.  Even if you have a clause in the lease that says you can do it, WI tenant/landlord law supersedes this.  I believe you have to store it for 60 days before you can throw it out.  There's something crazy about how you have to make it public that you tried to get the tenant to come and get it.  I'm not kidding.  Another landlord who I met with last month was on his way to small claims court and said that it was his last visit there with proof that he posted the property in the Journal Sentinel (?) for the tenant to come and get it.  I know it's crazy, but some tenants are hoping that you just throw out their stuff (usually worthless junk) just so that a lawyer can now sue you for damages.  Sorry that I can't be more specific.  Good luck!  

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