Small claims

M

Mvp1995

Guest
Jurisdiction
Wisconsin
Hi, I found out my bf cheated on me and I keep telling him to grab his stuff from my storage shed but he won't and now it's been two and half months and asked again to come grab his stuff and he said that I can't make him or I can't touch or he will bring charges on me. Can he eve n do that? And can I just claim the stuff to be mine and remove it myself?
 
The best way to cover your butt is to treat him as a former tenant and follow the Wisconsin statute 704.05 (5):

2013 Wisconsin Statutes & Annotations :: 704. Landlord and tenant. :: 704.05 Rights and duties of landlord and tenant in absence of written agreement to contrary.

Make sure you give him proper written notice and follow the law to the letter. Otherwise he may be able to win a lawsuit against you for the value of the property.

By the way, people don't "bring charges," they report crimes and it's up to the authorities to prosecute. This is something that the police aren't likely to get involved in even if he does call them.
 
adjusterjack said:
But make sure you have some evidence of delivery. Don't send it certified because people duck certified mail as bad news. Just send it priority mail with tracking so you can confirm that it gets there.
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I think the advice given to you is more than enough here given the statute and, as @adjusterjack recommends, follow the letter of the statute and you'll be fine. By giving the ex an opportunity to pick up the items by a certain date you name in the letter, you'll be able to have comfort in disposing of the property as you see fit after that date. If there are threats to take you to court, be comforted that the burden is on the boyfriend to make his case, which is probably very unlikely. Good luck.
 
mvp1995 said:
What if I don't know his new address can I put it on his windshield of his car?
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If you place your message on his car's windshield, there's no way you can PROVE he received it.

Please read the information in the link in its ENTIRETY to understand what the law in WI requires.

I EXCERPTED the following which further details YOUR duties under WI law:

1. If a tenant removes from or is evicted from the premises and leaves personal property, the landlord may presume, in the absence of a written agreement between the landlord and the tenant to the contrary, that the tenant has abandoned the personal property and may, subject to par. (am) and s. 799.45 (3m), dispose of the abandoned personal property in any manner that the landlord, in its sole discretion, determines is appropriate.

2. If the landlord disposes of the property by private or public sale, the landlord may send the proceeds of the sale minus any costs of sale and any storage charges if the landlord has first stored the personalty to the department of administration for deposit in the appropriation under s. 20.505 (7) (h).
 
mvp1995 said:
What if I don't know his new address can I put it on his windshield of his car?
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Ditto Army Judge.

But if you know where his car is you can wait for him to come to it and hand him the written notice. Make sure you have a witness with you who can take a dated photo of you handing over the paper and is willing to testify, if necessary, as to the contents and the delivery.

It's best to be overly cautious rather than suffer the consequences of lack of caution.
 

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