Wisconsin: Tenant Abandoned Property Notice, Storage, and Disposal Requirements
The short answer
Wisconsin's route turns on a written no-storage disclosure given when the tenant enters or renews the rental agreement. With that disclosure and no contrary written agreement, the landlord generally may presume property left after move-out or eviction is abandoned and dispose of it at discretion, but must hold prescription medication/equipment seven days and give special notice for a manufactured/mobile home or titled vehicle. Without the disclosure, the landlord must use the incorporated 2009 procedure, which includes storage/disposition notices, a 30-day claim period, charge limits, and sale-proceeds handling.
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This is the general rule in Wisconsin. Ezel applies current Wisconsin law to your specific facts and answers with citations to the statutes.
| Governing law, trigger, and routes | Wis. Stat. § 704.05(5): after tenant removes or is evicted and leaves property, presumed abandoned absent contrary written agreement. Fast route requires written no-storage notice at entry/renewal. If notice omitted, § 704.05(5)(bf) revives 2009 storage/disposition procedure. Post-writ landlord route is subject to § 799.45(3m). |
|---|---|
| Initial handling, inventory, and storage | Disclosed no-storage route permits disposal without ordinary storage; no inventory/photo/witness/care rule. Medical items held 7 days. Legacy route permits on/off-site lien storage with actual/reasonable removal/storage cost, landlord-value storage, or storage without lien/return. Sheriff route separates sheriff handling from landlord removal (§§ 704.05(5), 799.45). |
| Notice recipients, method, and contents | Fast route prerequisite: written notice at entry or renewal that landlord will not store left property except medical items. Manufactured/mobile home or titled vehicle: pre-disposal notice to tenant and actually known secured parties, personally or regular/certified mail to last known address. Legacy storage notice within 10 days states daily charges; disposal notice warns of sale/other means (§ 704.05(5)). |
| Claim and retrieval deadlines | Fast route has no ordinary claim period; medical items held 7 days from discovery and returned on request before disposal. Titled-property section states notice but no fixed wait. Legacy route: disposition after 30 days from personal service/mailing; tenant may claim remaining sale proceeds for 60 days. Current tenant/secured party may redeem before disposal/contract (§ 704.05(5)). |
| Retrieval conditions and storage charges | Current route: tenant or secured party redeems before disposal contract by paying disposition expenses. Medical request has no stated payment condition. Legacy lien may include actual/reasonable removal/storage or actual/reasonable landlord-storage value, but not premises damage, past/future rent, or premises rent as storage; medical items are lien-free and promptly returned (§ 704.05(5)). |
| Low-value, perishable, and protected property | No low-value, trash, perishable, hazardous, document, photo, keepsake, clothing, or tool threshold. Current route protects prescription medication and prescription medical equipment for 7 days. Manufactured/mobile homes and titled vehicles require special notice. Disposal power reaches tenant/third-party property but is subject to service-member protections (§ 704.05(5)(am)-(c)). |
| Sale or disposal method | With no-storage disclosure, landlord may dispose in any manner deemed appropriate, including private/public sale; no auction/publication rule. Medical items wait 7 days; titled categories require notice. Without disclosure, old route permits private/public sale or other appropriate means only after 30-day notice; landlord may alternatively store and return (§ 704.05(5)). |
| Proceeds, accounting, and unclaimed funds | Fast route: after private/public sale, landlord may send net proceeds after sale costs and prior storage charges to Department of Administration homeless-services appropriation; section states no tenant surplus-hold duty. Legacy route deducts sale/storage costs, holds net for tenant 60 days, then sends unclaimed net to Department of Administration (§ 704.05(5)(a), (bf); 2009 § 704.05(5)). |
| Remedies, liability, and special limits | Fast presumption yields to contrary landlord-tenant writing. Third-party ownership/security interests do not defeat disposal power, but tenant/secured party may redeem before disposition contract; service-member protections apply. Self-storage facilities excluded. If no no-storage disclosure, using fast route is improper because incorporated 2009 process controls (§ 704.05(5)(bf)-(cm)). |
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Requirements one by one
Governing law, trigger, and routes
Wis. Stat. § 704.05(5) begins when a tenant moves out or is evicted and leaves
personal property. Unless the parties agreed otherwise in writing, the landlord
may presume the property abandoned. What happens next depends on whether the
landlord gave the required written no-storage disclosure when the tenant entered
or renewed the rental agreement.
With that disclosure, the current fast-disposal route applies, subject to the
medical, titled-property, third-party, and post-writ limits. Without it, §
704.05(5)(bf) requires compliance with the more protective 2009 storage and
disposition procedure.
Initial handling, inventory, and storage
The disclosed no-storage route does not require ordinary storage. The landlord
may dispose of presumed-abandoned property in an appropriate manner, with no
separate inventory, photographs, witness, packaging, insurance, or care
standard stated. Prescription medication and prescription medical equipment
must nevertheless be held for seven days.
The incorporated 2009 route offers storage on or off the premises with a lien,
storage by the landlord at its actual and reasonable value, or storage without
a lien and return. In a writ execution, § 799.45 separates sheriff handling
from the landlord's elected removal/storage/disposal alternative.
Notice recipients, method, and contents
The fast route's prerequisite is written notice at entry or renewal that the
landlord will not store left property, except for the medical-item rule. A
manufactured home, mobile home, or titled vehicle requires a later notice of
intended sale or other disposition to the tenant and each actually known
secured party, personally or by regular or certified mail to the last-known
address.
Under the legacy route, lien storage requires notice within 10 days after
charges begin, personally or by ordinary mail to the last-known address, stating
the daily storage charge. Alternatively, the landlord sends a personal or
ordinary-mail notice of intended sale or other disposition.
Claim and retrieval deadlines
The disclosed fast route states no general claim period. Prescription medicine
and equipment are held seven days from discovery and must be promptly returned
if requested before disposal. The special titled-property notice has no fixed
waiting period in § 704.05(5)(b).
Under the legacy route, the tenant has 30 days after personal service or mailing
of the disposition notice to repossess the goods. After a sale, the tenant has
60 days to claim the net proceeds. Under the current third-party rule, the
tenant or secured party may redeem before disposal or a disposition contract.
Retrieval conditions and storage charges
In the current route, the tenant or a secured party redeems before disposition
by paying expenses the landlord incurred with respect to disposition. The
seven-day medical-item return provision does not state a payment condition.
The legacy lien may include actual and reasonable removal and storage costs or
the actual and reasonable value of landlord-provided storage. It may not include
premises damage, past or future rent, or rent for the premises relabeled as
storage. Medicine and medical equipment are lien-free and promptly returnable
on request.
Low-value, perishable, and protected property
The statute gives no low-value, trash, perishable, hazardous, document,
photograph, keepsake, clothing, tool, or bedding threshold. It protects
prescription medication and prescription medical equipment for seven days in
the disclosed fast route.
Manufactured homes, mobile homes, and titled vehicles receive special notice.
The disposal power otherwise reaches property owned by the tenant or another
person, but remains subject to secured-party redemption and the cited
service-member protections.
Sale or disposal method
With the disclosure, the landlord may use private or public sale or another
method the landlord determines appropriate. There is no general auction,
publication, competitive-bidding, donation, or destruction formula. Medical
items and titled property keep their separate limits.
Without the disclosure, the old route permits private or public sale or another
appropriate means only after the 30-day notice period. The landlord may instead
choose a storage-and-return option.
Proceeds, accounting, and unclaimed funds
In the current fast route, a landlord who sells may send proceeds, less sale
costs and any prior storage charges, to the Department of Administration for
the homeless-services appropriation. The current text does not impose a tenant
surplus-hold period or say the landlord must use that remittance option.
The legacy route is different. It deducts sale and qualifying storage costs,
holds the net proceeds for the tenant for 60 days after sale, and then sends
unclaimed net proceeds to the Department of Administration.
Remedies, liability, and special limits
A contrary written agreement defeats the fast-route abandonment presumption.
Third-party ownership or a security interest does not independently block the
disposal power, but the tenant or secured party may redeem before the landlord
disposes of the property or contracts for disposition. Service-member
protections also apply.
Self-storage units are excluded. Most importantly, a landlord that did not give
the entry-or-renewal no-storage notice cannot use the fast route; the
incorporated 2009 procedure controls.
What trips people up
Wisconsin does not have one universal 30-day rule. Thirty days belongs to the
legacy route triggered by omission of the no-storage disclosure. When the
disclosure was properly given, ordinary property has no general statutory hold,
while prescription medication and equipment receive seven days.
The no-storage disclosure is not the same as a notice sent after move-out. It
must be provided when the tenant enters into or renews the rental agreement.
Common questions
Can the landlord immediately discard ordinary belongings?
Generally yes under the current route if the required entry-or-renewal
no-storage disclosure was given, there is no contrary written agreement, and no
medical, titled-property, writ, third-party, or service-member limit applies.
How long must prescription medicine be kept?
Seven days from discovery under the disclosed fast route. A request received
before disposal requires prompt return.
What if the landlord never gave the no-storage disclosure?
The landlord must follow the incorporated 2009 process, including the applicable
storage or disposition notice, charge limits, 30-day claim period, and
sale-proceeds rules.
Can a secured party recover the property?
The tenant or secured party may redeem before disposal or a disposition contract
by paying the landlord's disposition expenses.
Statutes and sources
- Wis. Stat. § 704.05(5). Abandonment presumption, no-storage disclosure,
medical hold, titled-property notice, third-party redemption, proceeds, and
self-storage exclusion. Official current
statute (accessed
July 22, 2026). - Wis. Stat. § 704.05(5), 2009 stats. Incorporated legacy storage,
notices, charge limits, 30-day disposition period, and 60-day proceeds claim.
Official amendatory text reproducing the prior
provisions
(accessed July 22, 2026).
Source links
Every statute quoted above, linked, with the date we checked it.
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