Tenants left behind a boat, now what?

Question

My most recent tenants broke their lease and left a boat in my back yard I've tried to contact them with no success, I've had the police try to contact them again no success. They left me no forwarding address or updated contact information because they are on the run from the law due to 2 investigations I have no information about and a check fraud investigation. They owe me some money due to the check fraud so I would like to take ownership due to abandonment and sell it. Probably should call the attorney but I'm getting pretty tired of spending money on these people.

Any advice would be nice?

P.S. Tenants came with good references, solid income, and only a speeding ticket on ccap. I guess you can't win'em all.

Keith Barton · Answer

Is the boat titled? If not, then pretty simple. If the boat DOES have a title, then you will have to go through court action to have the title transfered into someone else's name. Assuming the statute listed above correctly means you can have the boat in this situation (I offer no opinion on that), then you would have the right to take the matter to court so the court could order the title to be put into your name.

Brian Feltz · Answer

Go Fishing! :) WI 704.5 ( 5) Storage or disposition of personalty left by tenant. (a) Procedure. If a tenant removes from the premises and leaves personal property, the landlord may do all of the following: 1. Store the personalty, on or off the premises, with a lien on the personalty for the actual and reasonable cost of removal and storage or, if stored by the landlord, for the actual and reasonable value of storage. The landlord shall give written notice of the storage to the tenant within 10 days after the charges begin. The landlord shall give the notice either personally or by ordinary mail addressed to the tenant's last-known address and shall state the daily charges for storage. The landlord may not include the cost of damages to the premises or past or future rent due in the amount demanded for satisfaction of the lien. The landlord may not include rent charged for the premises in calculating the cost of storage. Medicine and medical equipment are not subject to the lien under this subdivision, and the landlord shall promptly return them to the tenant upon request. 2. Give the tenant notice, personally or by ordinary mail addressed to the tenant's last-known address, of the landlord's intent to dispose of the personalty by sale or other appropriate means if the property is not repossessed by the tenant. If the tenant fails to repossess the property within 30 days after the date of personal service or the date of the mailing of the notice, the landlord may dispose of the property by private or public sale or any other appropriate means. The landlord may deduct from the proceeds of sale any costs of sale and any storage charges if the landlord has first stored the personalty under subd. 1. If the proceeds minus the costs of sale and minus any storage charges are not claimed within 60 days after the date of the sale of the personalty, the landlord is not accountable to the tenant for any of the proceeds of the sale or the value of the property. The landlord shall send the proceeds of the sale minus the costs of the sale and minus any storage charges to the department of administration for deposit in the appropriation under s. 20.505 (7) (gm). 3. Store the personalty without a lien and return it to the tenant. (c) Rights of third persons. The landlord's lien and power to dispose as provided by this subsection apply to any property left on the premises by the tenant, whether owned by the tenant or by others. That lien has priority over any ownership or security interest, and the power to dispose under this subsection applies notwithstanding rights of others existing under any claim of ownership or security interest. 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 the landlord's charges under par. (a) for removal, storage, disposition and arranging for the sale. (d) Other procedure. The remedies of this subsection are not exclusive and shall not prevent the landlord from resorting to any other available judicial procedure.

David Niles · Answer

My actions would depend solely on what I think the boat is worth and go from there.

Greg C · Answer

i would tow it out to the street and put a free sign on it and claim i know nothing about any boat it it ever came up,,

Matt Stoker · Answer

You can always chum-up to a local tow company. I am sure they would love to give you at least $500 for it. Please keep in mind that this is kinda shady, but they do this stuff all the time. Usually, after 30 days or so (couple hundred dollars in tow fee, close to a thousand in storage), they will apply for title. It costs the tow company a few hundred bucks, but they usually get the title, and own the boat. Quick solution.

Steve Babiak · Answer

I bet it's a medical boat :)

Ned Carey · Answer

A quick call to an attorney shouldn't cost much. Then just sell the via auction or Craig's list.