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All Forum Posts by: Tanzania Sewell

Tanzania Sewell has started 1 posts and replied 5 times.

Quote from @Dan H.:

What does your lease state about personal items in common areas?   What did you do with the tenants’ stuff that was in common areas?  What does local jurisdiction state you are required to do with “abandoned” property?

The answer to these questions dictates if the tenant has a case. In many/most jurisdictions you cannot simply post that you are going to clean up and then cleanup and get rid of the tenants’ belongings. 

On the other hand, I get threats of legal action every few months.  Nothing ever happens with it, but there is usually no merit to their complaint.  If you got rid of the tenants belongings, I would not classify that as the complaint having no merit. 
If you are going to manage your own units, you have to know what you are legally required to do.  I am not convinced you know what you are legally required to do as if you did I would see no need for the post. 

Good luck

Great points on the contents of the lease and guidance from the state. While I am early in my career as a landlord, I do have a full understanding of the leases used and state guidance. Where I have gaps, I have no problem consulting an attorney. It would be foolish to landlord without this understanding. Furthermore, we did not just "get rid of tenants belongings." 
Quote from @Nathan Gesner:
Quote from @Tanzania Sewell:

Hi everyone, this is my first post and I am looking for some insight on a situation that has arisen.

Background: I purchased a duplex in Milwaukee and inherited a tenant in one unit that is on a month-to-month lease. During the final walkthrough before close, we discovered that there was a good amount of damage to the unit including two kicked in doors and multiple holes in the ceiling throughout the unit. We also discovered that the amount of items moved into common areas on the property (garage, backyard, basement and entry ways) had grown to the point where access to the electrical panel was obstructed, flammable items (i.e. open coil heater and mattress) were in the vicinity of the furnace and water heater and a garage that was barely standing was packed. Our close date was push back one-week and the tenants (through the previous landlord) were given notice that ALL items needed to be removed from common areas.

Fast-forward to close, we drop a letter off to the tenants introducing ourselves as the new landlords and post several signs throughout the duplex that explicitly stating "final notice of common area clean-out scheduled" (date included and areas called out) and that any items remaining in those areas would be removed. The tenant also received this information via email and text. It took us an additional 7 days (beyond the date we communicated) to actually remove all of the items from the common area.  Shortly after the removal, the tenant was served a 28-day notice to vacate.

Today, we received an email from a Consumer Protection Investigator stating the tenant filed a complaint. The complaint was more of a list of grievances, but in essence the tenant stated that we should have not removed the items in the common areas. I have planned to chat with an attorney, but do want feedback. I do own other rental property but this is my first experience inheriting tenants. 

As the first Greg stated, filing a complaint does not cost the tenant anything, does not require any evidence, and is a free way for tenants to harass a landlord into backing off. if you did everything correctly and documented it, you are way ahead of the game and shouldn't have anything to worry about. Before talking to an attorney, contact the consumer protection agency and see if you can give your side of the story and what they recommend you do. it may be as simple as providing them a written response. in my experience, tenants tend to back down quickly when they see you are not a pushover and that you have documentation to back your story.

I agree with the second Greg about trying to build a relationship of kindness and fairness, but these tenants deserve neither based on their previous behavior. I think you did the right thing from the start.

Thanks for sharing additional insight. I will be following up with the agency on Monday to understand what's needed from me.

Quote from @Greg R.:

Did you try to talk with the tenant? You said that you dropped off a letter and posted signs around the property. That doesn't seem to welcoming from a new landlord. In my opinion you can save yourself a lot of grief by forming good relationships (or at least amicable ones). When the diplomatic efforts fail, that's when you would want to start posting signs, notices, etc. If this is how you started off the relationship, I'm not too surprised that they filed a complaint.  


 Great point Greg, while I always work to be amicable with tenants the circumstances leading up to close really hindered that. This has definitely been a reminder that while real estate is the asset, the tenant is the customer.

Quote from @Greg Scott:

Most government agencies are required to respond to a complaint like this.  If there are any requirements in their letter, follow-through on those.  From what you have put in this note, you will probably be fine.  

It doesn't hurt to talk to an attorney, but don't get too worried.

Thanks for the additional insight, I will be following up with the agency first thing Monday morning.

Hi everyone, this is my first post and I am looking for some insight on a situation that has arisen.

Background: I purchased a duplex in Milwaukee and inherited a tenant in one unit that is on a month-to-month lease. During the final walkthrough before close, we discovered that there was a good amount of damage to the unit including two kicked in doors and multiple holes in the ceiling throughout the unit. We also discovered that the amount of items moved into common areas on the property (garage, backyard, basement and entry ways) had grown to the point where access to the electrical panel was obstructed, flammable items (i.e. open coil heater and mattress) were in the vicinity of the furnace and water heater and a garage that was barely standing was packed. Our close date was push back one-week and the tenants (through the previous landlord) were given notice that ALL items needed to be removed from common areas.

Fast-forward to close, we drop a letter off to the tenants introducing ourselves as the new landlords and post several signs throughout the duplex that explicitly stating "final notice of common area clean-out scheduled" (date included and areas called out) and that any items remaining in those areas would be removed. The tenant also received this information via email and text. It took us an additional 7 days (beyond the date we communicated) to actually remove all of the items from the common area.  Shortly after the removal, the tenant was served a 28-day notice to vacate.

Today, we received an email from a Consumer Protection Investigator stating the tenant filed a complaint. The complaint was more of a list of grievances, but in essence the tenant stated that we should have not removed the items in the common areas. I have planned to chat with an attorney, but do want feedback. I do own other rental property but this is my first experience inheriting tenants.