Property Left Behind?

[gkisystems]

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

Here's an interesting one...

Tenant moves into a single family home with a lease that states "if Tenant removes from the Premises or is evicted from the Premises and leaves personal property behind, Landlord may presume that Tenant has abandoned the personal property. Landlord will not store personal property abandoned by Tenant and may dispose of it in any manner deemed appropriate by Landlord."

The Landlord was granted an immediate eviction by the court for failure to pay rent and the Tenant left the premises the day the eviction was ordered by the court. However, some property was left behind (none of which is medical equipment or medicine), mostly items of insignificant value with the exception of new appliances.

Landlord was lead to believe that the appliances left behind were purchased from a retail store that caters to poor credit individuals where all items are sold on a credit based installment plan. Landlord visited said retailer and the retailer confirmed Tenant did purchase appliances and has defaulted on the payment plan. The retailer refused to provide additional information and Landlord does not know if the specific appliances left on Landlord's property are in fact the appliances purchased from the retailer. Additionally, Landlord does not know who the true owner of the appliances is - ie, if the Tenant is in default on the payment plan with the retailer and if the loan is secured by the appliances, then perhaps the ownership reverts back to the retailer.

The relevant state statute is 704.05(c):

(c) Rights of 3rd persons. The landlord's power to dispose as provided by this subsection applies to any property left on the premises by the tenant, whether owned by the tenant or by others. The power to dispose under this subsection applies notwithstanding any rights of others existing under any claim of ownership or security interest, but is subject to s. 321.62. The tenant or any secured party has the right to redeem the property at any time before the landlord has disposed of it or entered into a contract for its disposition by payment of any expenses that the landlord has incurred with respect to the disposition of the property.

QUESTION: May Landlord sell the appliances and keep the proceeds?

 

[STEPHAN]

What is your role in all of this?

We don't do homework and we don't like to work for people not directly involved.

 

[gkisystems]

What is your role in all of this?

We don't do homework and we don't like to work for people not directly involved.

I specifically left out my role because I have found that the responses in this forum tend to be critical of the original poster and I'm looking for the most fair and unbiased answer as possible. However, to answer your question, my role is Landlord.

 

[LdiJ]

I specifically left out my role because I have found that the responses in this forum tend to be critical of the original poster and I'm looking for the most fair and unbiased answer as possible. However, to answer your question, my role is Landlord.

I certainly would not sell the appliances if I were in your shoes. I would try to get the retailer to pick up anything that belonged to them, and I would otherwise store them until enough time had passed that I clearly couldn't be accused of selling property belonging to a third party.

 

[OHRoadwarrior]

If the landlord were to sell the appliances and they are owned by the rental company they are pledged collateral and the landlord could go to jail for selling stolen property. The buyer for possession of stolen property. I suggest LL confirm the serial numbers of the rental companies property. Any not matching I suggest he check other rental companies in the area and confirm they are not their property either. He has to much to lose in over a senseless greedy endeavor.

 

[STEPHAN]

However, to answer your question, my role is Landlord.

Thank you. I am a LL, so I am not critical of you.
I would have doubts that this clause would hold up in court if you were talking about goods of real value like appliances or even jewelry. Also, the stuff could belong to a 3P.

 

[FarmerJ]

Plan for storing the items and playing the waiting game to see if the seller contacts you also , I don't know that id go out of my way to offer up serial numbers to the merchant since they should already have them , but its not impossible for them to find you too you know by just looking you up via property records. Know that theres a chance the seller really wont care because they will just go after the tenant for the inflated value the tenant agreed to pay them for the appliances ( but you are free to also check every now and then for a police report that has your address on it and if the seller filed one then steps could be taken by the owner to recover them but until their is at least a police report this is a civil matter)

 

[TigerD]

What happened to the appliances you provided with the apartment?

TD

 

[llord]

SFH rentals in WI sometimes tenant provide refrigerator and range.

What happened to the appliances you provided with the apartment?

TD

So there may not have been appliances supplied with the rental. They could also be a washing machine and dryer supplied by tenant with landlord only providing hookups.

 

[OHRoadwarrior]

Again, I will suggest contacting rental companies, obtaining the serial numbers they have for their appliances under contract there and compare them to what you have. I can assure you, they will turn the serial numbers over to police.