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  1. #1
    hb2010 is offline Junior Member
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    Roommate Won't Take His Stuff, He's Not on the Lease

    What is the name of your state (only U.S. law)? Wisconsin

    My roommate moved out and refuses to take his things or tell me if he even wants them. I'm moving out next month and I need to start cleaning & stuff etc.. He isn't on the lease, he just stayed with me and still has his key. Do I have any legal right to throw his stuff out if he doesn't not make any effort to get his things and doesn't respond to me?
  2. #2
    Who's Liable? is offline Senior Member
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    Quote Originally Posted by hb2010 View Post
    What is the name of your state (only U.S. law)? Wisconsin

    My roommate moved out and refuses to take his things or tell me if he even wants them. I'm moving out next month and I need to start cleaning & stuff etc.. He isn't on the lease, he just stayed with me and still has his key. Do I have any legal right to throw his stuff out if he doesn't not make any effort to get his things and doesn't respond to me?
    No.

    Send him a letter, sent CRR, to his last known address. If that is your place, send it there. In the letter state he has 30-days to remove his stuff or you will dispose of it as you see fit.

    If he does not respond or retrieves his stuff within 2 weeks, send another letter, sent CRR, to the same address citing the first letter, stating he has 2 weeks to retrieve his items or you will dispose of them.

    If the letters comeback, DO NOT OPEN THEM, as they become proof of your attempt to contact him.

    At the end of the month if his items are still there, dispose of them.
  3. #3
    hb2010 is offline Junior Member
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    I've been asking through text message for over a month and a half without an answer and I'm moving out in 2 weeks so I don't have the option to do the crr. I've told him numerous times he has until the 13th but I still haven't gotten a response.
  4. #4
    sandyclaus is offline Senior Member
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    Quote Originally Posted by hb2010 View Post
    I've been asking through text message for over a month and a half without an answer and I'm moving out in 2 weeks so I don't have the option to do the crr. I've told him numerous times he has until the 13th but I still haven't gotten a response.
    A text message does not constitute proper legal notice to the former roommate. You must put your notice IN WRITING.

    Wisconsin law states that you may:

    store it and place a lien on it for the cost of storage. The landlord must notify the tenant within 10 days after storage charges are imposed. Medicine and medical equipment must be promptly restored to the tenant and are not subject to the lien.

    notify the tenant that the he intends to sell or otherwise dispose of the property unless it is claimed within 30 days. The landlord can deduct sale and storage costs from the sale proceeds. The tenant may claim any residual within 60 days after the sale; otherwise the landlord must send it to the Department of Administration.

    store the property without a lien and return it to the tenant.

    Those are your options.

    If you knew that you were leaving and that the roommate wasn't coming back before you did, then you needed to do more research on what to do with their abandoned property sooner than this. As it stands, it looks like you might have to give them the 30-day written notice by mail and pack up their stuff to go with you. After the 30 days has passed, and the roommate has failed to contact you to collect his property, only then you can sell or dispose of the property as you see fit.
  5. #5
    hb2010 is offline Junior Member
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    I have no place to put his things at all. Would I be able to bring his things myself to his house and set it outside his house?
  6. #6
    Who's Liable? is offline Senior Member
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    Quote Originally Posted by hb2010 View Post
    I have no place to put his things at all. Would I be able to bring his things myself to his house and set it outside his house?
    Do you not get it?

    YOU are LEGALLY LIABLE for his items! Should you place his items outside his door, and someone takes it, YOU will be found legally liable for the monetary value of said items and will be forced to repay him.

    You have been given ample information to move forward.
  7. #7
    hb2010 is offline Junior Member
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    I honestly don't get it, how am I liable for his things, where does his responsibility come into play? I just don't get how someone else's blatant disregard for their things is my problem.
  8. #8
    Who's Liable? is offline Senior Member
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    Quote Originally Posted by hb2010 View Post
    I honestly don't get it, how am I liable for his things, where does his responsibility come into play? I just don't get how someone else's blatant disregard for their things is my problem.
    Because you are his landlord!

    Quote Originally Posted by hb2010 View Post
    He isn't on the lease, he just stayed with me and still has his key.
    You allowing him to move in and NOT adding him to your existing lease with YOUR LL, automatically made YOU a LL to him. Thus you are now bound to the terms of a LL/T relationship and you MUST follow the steps as outlined per your states LL/T laws as provided by the generous sandyclaus.

    Had you added him onto your lease, it would be your LLs problem since the would become the LL to BOTH of you, and we would most likely be answering their(your LL) post on here.

    This is one of the MANY reasons you do NOT let friends move in for ANY amount of time.

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