Authority of a landlord to move and store or

dispose of property

left in the premises by

a tenant who has been

evicted.

Under prior law, a landlord was not authorized to remove and store or dispose of any property left in the premises which were the subject of an eviction action by a tenant who had been evicted. Rather, only the sheriff was permitted to remove and store or dispose of such property. Act 317 provides that in counties

other than counties with a

population of 500,000 or more, that is, in any county other than

Milwaukee County, if certain

conditions are met, the landlord may choose to remove and store or dispose of property found in the premises by a tenant who has been evicted. Section B of this Information Memorandum describes the responsibilities of the sheriff if the landlord chooses to remove and store or dispose of property found in the premises. If the landlord does not choose to remove and store or dispose of the property left in the premises, then the sheriff must do so.

Section C of this Information

Memorandum describes the procedures followed by the sheriff when the sheriff removes and stores or disposes of property found in the premises.

.

Because Act 317 does not apply to Milwaukee County, the

procedure for removal and storage of property found in the premises upon eviction in Milwaukee County are unchanged; the sheriff must remove and store or dispose of the property. That procedure is set forth in Section C of this Information Memorandum. The conditions which must be met in order for a landlord to remove and store or dispose of property found in the premises from which a tenant has been evicted are the following:

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1.. NNoottiiffyyiinngg tthhee sshheerriiffff.. The landlord or his or her attorney or agent must notify the sheriff that the landlord or his or her agent will be responsible for the removal and storage or disposal of the property that is found in the premises, and which does not belong to the landlord, when the writ of restitution is delivered to the sheriff. The writ of restitution is the court order issued in an eviction action which requires the sheriff to remove the tenant from the premises.

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2.. FFiillee wwiitthh tthhee cclleerrkk ooff ccoouurrtt.. The landlord or the landlord's attorney or agent must file with the clerk of court that issued the writ of restitution a bond or an insurance policy to pay the departing tenant and indemnify the sheriff for any damages to the property removed fro m the premises that is handled or stored with less than ordinary care.

If the landlord notifies the sheriff that the landlord or his or her agent will remove and store or dispose of property found in the premises, the landlord is not required to provide the sheriff with a deposit for the cost of removal of the property, as is required when the sheriff removes the property.

If the landlord or landlord's agent removes and stores any property left on the premises by a tenant who has been evicted, the landlord or the landlord's agent must do all of the following:

than the date on which the sheriff executes the writ of restitution of the address of the premises where the former tenant's property will be stored. 2

2.. NNoottiiffyy tthhee sshheerriiffff not later than the date on which the sheriff executes the writ of restitution of the name, address and telephone number of the person the former tenant may contract to obtain possession of the property. 3

3.. EExxeerrcciissee oorrddiinnaarryy ccaarree iinn rreemmoovviinngg tthhee pprrooppeerrttyy from the premises and in the handling and storage of all property removed from the premises.

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4.. HHaavvee wwaarreehhoouussee oorr ootthheerr rreecceeiippttss iissssuueedd with respect to the property stored issued in the name of the former tenant. 5

5.. OObbttaaiinn aa bboonndd oorr iinnssuurraannccee p

poolliiccyy ttoo ppaayy tthhee ffoorrmmeerr tteennaanntt and indemnify the sheriff for any damages to the property removed from the premises that is handled or stored with less than ordinary care.

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6.. IImmppoossee cchhaarrggeess ffoorr tthhee rreemmoovvaall aanndd ssttoorraaggee of the property removed from the premises that do not exceed the rate determined by the sheriff to be the average rate for such services available in the county.

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7.. WWiitthhiinn tthhrreeee ddaayyss aafftteerr tthhee rreemmoovvaall ooff tthhee pprrooppeerrttyy,, nnoottiiffyy tthhee ffoorrmmeerr tteennaanntt ooff tthhee

cchhaarrggeess iimmppoosseedd ffoorr rreemmoovvaall a

anndd ssttoorraaggee of the former tenant's property and of any receipt or other document required for the tenant to obtain possession of the property which has been removed and stored. The Act specifies that this notice must be in writing and must be personally served upon the former tenant or mailed to the former tenant at his or her last- known address even if that address is the address of the premises from which the former tenant has been evicted.

As set forth in Section B., below, the sheriff may prevent the landlord or his or her agent from removing property from the premises if the landlord or his or her agent; (1) fail to exercise ordinary care in the removal and handling of the property; and (2) fail to comply with items 1., 2., 5. or 6., immediately above.

If, in the exercise of ordinary care, the sheriff determines the property to be removed from the premises is without monetary value, the landlord may deliver the property, or have it delivered, to some appropriate place established for the collection, storage and disposal of refuse. In determining that the property to be removed is without monetary value, the sheriff is not required to search

apparently valueless property for hidden or secreted articles of value.

If any property has been delivered to a place for collection, storage and disposal of refuse, the sheriff must notify the former tenant of the place to where the goods have been delivered within three days of removal of the goods.

The Act does not require the landlord or his or her agent to store property removed from the premises in any certain place. The Act permits the landlord to store the property in his or her

premises. The Act specifies that a landlord who stores property received under a writ of restitution is not required to be licensed as a public warehousekeeper under ch. 99, Stats.

All expenses incurred by the landlord for storage and other like charges after delivery of the property to a place of safekeeping are the responsibility of the former tenant.

B. Responsibilities of the