Tuesday, August 10, 2010

Ex has been kicked out, but how to get her to remove her property?

My boyfriend broke up with his last girlfriend last spring. He allowed her to live with him rent free until January because she could not find a place to live, but he ended up kicking her out. She was moving into a bedroom at her friend's house and could not find a place to go with her furniture (2 couches and a dresser) and some other random items, such as cookware and decorative stuff. He and I started dating, and she started to harass the both of us. We are fed up with it, and just want her out of our lives. We have asked her several times to get her property out of his house, but she claims she has no place to go with it, so there it sits. We asked the police if there were any way for them to make her remove her property, but we were told it is a civil matter, and there's nothing that they can do for us. They did, however tell us that if he were to write her a letter and state that her things had to be out by a certain date, it would force her to remove by the deadline, but she could take his things and he would have to take her to court to get his things back. They also said if we remove it and drop it off in the yard at the house that she is staying at, we are liable for anything that is stolen or damaged. We're kind of at a loss here, and hoping that someone has an idea that can help us.





Legally, how can we get her to just get her stuff out of the house? We live in Wisconsin, if that makes any difference.Ex has been kicked out, but how to get her to remove her property?
The police are correct in the fact that it is a civil manner, thus you need to go to the Sheriff's department for they deal with court related issues. My first bet would be to go the courts and file a date or ask someone there. You need to notify her to get her stuff as it cannot sit there any longer, and if she does not remove it by a certain time, you can then get rid of it.





DO NOT DROP IT OFF WITHOUT NOTIFICATION BECAUSE YOU ARE THEN LIABLE. Going through the courts is the best way!Ex has been kicked out, but how to get her to remove her property?
The only thing that you can legally do is go to court and ask a judge to force her to take her stuff. The judge will likely order that it be removed by a certain date or it becomes yours.
Pack up her belongings (carefully). Take pictures.





Take her belongings to a storage facility. Pay the rent for one full month. Send her TWO letters. One should be by regular mail. The other should be certified mail, return receipt requested. The letter should politely inform her that her property has been placed in the storage facility. It should advise her that you have paid for one month's rent and that she is requested and required to remove the belongings on or before (the specific date) or she needs to pay the second month rent. Tell her a copy of the contract is attached to the letter if she has any questions. Specifically tell her what the consequences will be if she fails to get her property or pays the rental fee on time. And tell her you wish her good luck in the future.





Keep a copy of the letter, of the storage facility contract, and of the receipts to mail the letter. If she takes you to court, you have a slam dunk defense and you should counterclaim for the cost to rent the storage facility in the first place.

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