United States: Changes to Landlord’s Right to Dispose of a Tenant’s Personal Property Post-Eviction

On May 13, Maya S. Zahne Rhine, attorney in the Real Estate Practice area for Reinhart Boerner Van Deuren S.C. authored an article discussing a modification to Wisconsin’s landlord/tenant laws.

United States: Changes To Landlord’s Right To Dispose Of A Tenant’s Personal Property Post-Eviction

Numerous modifications to Wisconsin’s landlord/tenant laws were enacted in 2013 and, for the most part, became effective as of March 1, 2015. One major change affects a landlord’s obligation to store an evicted tenant’s personal property.

Pursuant to the prior law,1 which still applies to evictions filed before March 1, 2015, a landlord must arrange with a sheriff to move and store any personal property of the to-be-evicted tenant. In most counties, this requires a landlord to set up the eviction with a bonded mover, although some counties allow landlords to purchase their own bond of insurance. After eviction, a landlord cannot throw away any of the evicted tenant’s property; only a sheriff has the authority to determine whether something is trash to be thrown away. The sheriff must give the evicted tenant notice of the location of the stored property and the cost to retrieve such property. Before disposal of any stored property, 30 days’ notice to the evicted tenant is required.

Now, as modified2 (which applies to evictions filed on or after March 1, 2015), absent a written agreement between a landlord and a tenant to the contrary, a landlord may presume that any personal property left by an evicted tenant is deemed abandoned, and a landlord may dispose of the abandoned personal property as it considers appropriate. There are limited exceptions to this rule for prescription medication and medical equipment,3 or if the property is a mobile home or vehicle.4 Beyond notifying a sheriff that the landlord is removing abandoned property themselves, no sheriff involvement is required.

Importantly, the new law applies only if the landlord provides written notice in the tenant’s rental agreement that the landlord will not store any personal property left behind by the tenant. If no such notice is provided in the rental agreement, the landlord must follow the old statutory requirements.

Key takeaways for landlords:

  1. Check your rental agreements to be sure they include a provision that the landlord will not store any tenant’s personal property.
  2. Remember that you must follow the old statutory eviction requirements for evictions filed before March 1, 2015. 
  3.  For evictions filed after March 1, 2015, there is no requirement for a landlord to store personal property of evicted tenants so long as (a) the rental agreement includes the required notice provision and (b) the personal property does not qualify for an exception (i.e., the property is not medical equipment, prescriptions, a mobile home or a vehicle).

Footnotes

1 Wis. Stat. § 799.45(2) & (3) (2013-14).

2 Wis. Stat. § 704.05(5) (2013-14).

3 Landlord must hold prescription medication and medical equipment for seven days from the date on which the landlord discovers the property before disposing of the medication and/or equipment. Wis. Stat. § 704.05(5)(am) (2013-14).

4 Notice is required prior to disposal of a manufactured or mobile home, or a vehicle. Wis. Stat. § 704.05(5)(b) (2013-14).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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Safeguard Properties is the mortgage field services industry leader, preserving vacant and foreclosed properties across the U.S., Puerto Rico, Virgin Islands and Guam. Founded in 1990 by Robert Klein and headquartered in Cleveland, Ohio, Safeguard provides the highest quality service to our clients by leveraging innovative technologies and proactively developing industry best practices and quality control procedures. Consistent with Safeguard’s values and mission, we are an active supporter of hundreds of charitable efforts across the country. Annually, Safeguard gives back to communities in partnership with our employees, vendors and clients. We also are dedicated to working with community leaders and officials to eliminate blight and stabilize neighborhoods. Safeguard is dedicated to preserving today and protecting tomorrow.  Website: www.safeguardproperties.com.

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CEO

Alan Jaffa

Alan Jaffa is the Chief Executive Officer for Safeguard Properties, steering the company as the mortgage field services industry leader. He also serves on the board of advisors for SCG Partners, a middle-market private equity fund focused on diversifying and expanding Safeguard Properties’ business model into complimentary markets.

Alan joined Safeguard in 1995, learning the business from the ground up. He was promoted to Chief Operating Officer in 2002, and was named CEO in May 2010. His hands-on experience has given him unique insights as a leader to innovate, improve and strengthen Safeguard’s processes to assure that the company adheres to the highest standards of quality and customer service.

Under Alan’s leadership, Safeguard has grown significantly with strategies that have included new and expanded services, technology investments that deliver higher quality and greater efficiency to clients, and strategic acquisitions. He takes a team approach to process improvement, involving staff at all levels of the organization to address issues, brainstorm solutions, and identify new and better ways to serve clients.

In 2008, Alan was recognized by Crain’s Cleveland Business in its annual “40-Under-40” profile of young leaders. He also was named a NEO Ernst & Young Entrepreneur Of The Year® Award finalist in 2013.

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Esq., General Counsel and EVP

Linda Erkkila

Linda Erkkila is the General Counsel and Executive Vice President for Safeguard Properties, with oversight of legal, human resources, training, and compliance. Linda’s broad scope of oversight covers regulatory issues that impact Safeguard’s operations, risk mitigation, strategic planning, human resources and training initiatives, compliance, insurance, litigation and claims management, and counsel related to mergers, acquisition and joint ventures.

Linda assures that Safeguard’s strategic initiatives align with its resources, leverage opportunities across the company, and contemplate compliance mandates. She has practiced law for 25 years and her experience, both as outside and in-house counsel, covers a wide range of corporate matters, including regulatory disclosure, corporate governance compliance, risk assessment, compensation and benefits, litigation management, and mergers and acquisitions.

Linda earned her JD at Cleveland-Marshall College of Law. She holds a degree in economics from Miami University and an MBA. Linda was previously named as both a “Woman of Influence” by HousingWire and as a “Leading Lady” by MReport.

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COO

Michael Greenbaum

Michael Greenbaum is the Chief Operating Officer of Safeguard Properties, where he has played a pivotal role since joining the company in July 2010. Initially brought on as Vice President of REO, Mike’s exceptional leadership and strategic vision quickly propelled him to Vice President of Operations in 2013, and ultimately to COO in 2015. Over his 14-year tenure at Safeguard, Mike has been instrumental in driving change and fostering innovation within the Property Preservation sector, consistently delivering excellence and becoming a trusted partner to clients and investors.

A distinguished graduate of the United States Military Academy at West Point, Mike earned a degree in Quantitative Economics. Following his graduation, he served in the U.S. Army’s Ordnance Branch, where he specialized in supply chain management. Before his tenure at Safeguard, Mike honed his expertise by managing global supply chains for 13 years, leveraging his military and civilian experience to lead with precision and efficacy.

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CFO

Joe Iafigliola

Joe Iafigliola is the Chief Financial Officer for Safeguard Properties. Joe is responsible for the Control, Quality Assurance, Business Development, Marketing, Accounting, and Information Security departments. At the core of his responsibilities is the drive to ensure that Safeguard’s focus remains rooted in Customer Service = Resolution. Through his executive leadership role, he actively supports SGPNOW.com, an on-demand service geared towards real estate and property management professionals as well as individual home owners in need of inspection and property preservation services. Joe is also an integral force behind Compliance Connections, a branch of Safeguard Properties that allows code enforcement professionals to report violations at properties that can then be addressed by the Safeguard vendor network. Compliance Connections also researches and shares vacant property ordinance information with Safeguard clients.

Joe has an MBA from The Weatherhead School of Management at Case Western Reserve University, is a Certified Management Accountant (CMA), and holds a bachelor’s degree from The Ohio State University’s Honors Accounting program.

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Business Development

Carrie Tackett

Business Development Safeguard Properties