Legal Question in Real Estate Law in Wisconsin
Post Eviction Practices
I had an judgment for eviction entered and served on tenants. From that point the sheriff had exclusive contact with the tenants and he would relay the information to me. The tenants told the sheriff that they would be out before the moving truck came to move them out. All indications are that they have moved out, they have not been at the property for roughly 24 hours and nobody stayed there last night. I went to the property and they locked it up with locks I do not have a key for. I looked in the windows and there is plenty of stuff still there. Where do I stand here? Can I do what I have to to gain access to the property? Can I dispose of their remaining items? Should I go forward with the sheriff process and have the sheriff's moving company take the rest of their stuff?
1 Answer from Attorneys
Re: Post Eviction Practices
You are still in the same position as before. Unless you have some agreement with the tenants, or unless you want to wait and see what the tenant is going to do (in the hope they will be gone tomorrow and save you a lot of hassle), you should proceed with your eviction action. You owe no deference to the tenant's half-hearted effort to get out.
NOTE: You might want to check with the sheriff to see if he has any suggestions for you based on his experience, in general and with this tenant.
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