Abandoned Property Laws in Wisconsin 2025
What landlords must do with personal property left behind after eviction or abandonment, under Wis. Stat. § 704.05(5)
30-day notice; landlord may then sell or discard property.
Wisconsin gives landlords unusually broad latitude over property a tenant leaves behind. Under Wis. Stat. 704.05(5), rewritten by 2011 Wisconsin Act 143, a landlord who gave the right written notice may presume the belongings are abandoned and dispose of them in any manner the landlord determines is appropriate, no mandatory storage period, no auction, and no duty to return sale proceeds to the tenant. That freedom hinges entirely on one thing: whether your lease told the tenant, up front, that you would not store what they leave. Miss that notice and you fall back to the older, more demanding 2009 procedure.
There is no federal law on abandoned tenant property, so Wisconsin's statute controls. Two narrow categories, prescription items and titled vehicles or mobile homes, carry their own rules even when your notice is in place.
Step-by-Step: Handling Abandoned Property in Wisconsin
Follow these steps precisely to protect yourself from liability under Wis. Stat. § 704.05(5):
- Document the abandoned property immediately. As soon as you regain possession of the unit, conduct a thorough walk-through. Take dated photographs and video of all items left behind. Create a written inventory listing each item, its approximate condition, and estimated value. This documentation is your primary protection against later claims.
- Send required written notice. Mail or deliver written notice to the tenant's last known address and any forwarding address you have on file. Under Wis. Stat. § 704.05(5), you must give 30 days notice before disposing of or selling the property. The notice should describe the items, their location, and the deadline for retrieval.
- Secure the property during the notice period. While storage is not legally required in Wisconsin, keeping items in a secure location establishes a clear paper trail and protects potentially high-value items from claims of damage or disappearance.
- Assess the property. Even without a statutory value threshold, document estimated values for each item. If items appear potentially valuable, consider a public sale to maximize recoverable costs and minimize dispute risk.
- Apply sale proceeds to costs. After the notice period expires and any required sale is conducted, apply proceeds first to unpaid rent, then to storage costs, then to sale costs. Remit any remaining balance to the tenant. Keep detailed records of all calculations.
- Retain all records for at least 3 years. Keep your written inventory, photographs, notice letters, delivery confirmations, storage receipts, sale records, and proceeds accounting. If the tenant later claims improper handling, this documentation is your defense.
The written-notice rule that unlocks everything
The landlord-favorable version of 704.05(5) applies only if you gave the tenant written notice, when they entered into or renewed the rental agreement, that you will not store any personal property they leave behind. This is a lease-drafting requirement, not a move-out letter. Put the disclaimer in every lease and every renewal.
If that notice was properly given and a tenant moves out or is evicted leaving belongings, you may presume the property is abandoned (absent a written agreement to the contrary) and dispose of it however you see fit, keep it, trash it, donate it, or sell it. Wisconsin imposes no waiting period and no inventory or sale-proceeds obligation for ordinary belongings under this path.
What happens if you never gave the notice
If your lease did not contain the required no-storage notice, you do not get the presumption. Instead you must comply with s. 704.05, 2009 stats., the older procedure that governed before Act 143. That version required the landlord to store and account for the tenant's property and follow a more formal disposal path. Practically, the fix is simple and prospective: add the notice language to your current lease and all renewals so future move-outs fall under the streamlined rule. You cannot retroactively cure a lease that already omitted it.
Prescription medication and medical equipment: a 7-day hold
The disposal freedom does not extend to health-related items. If what the tenant left is prescription medication or prescription medical equipment, you must hold it for 7 days from the date you discover it. During that window, if the tenant asks for it back before you have disposed of it, you must promptly return it. After the 7 days pass, you may dispose of it in whatever manner you determine is appropriate. Document when you found the items so the 7-day clock is defensible.
Titled vehicles, mobile homes, and manufactured homes
High-value titled property gets its own notice track. Before disposing of an abandoned titled vehicle, mobile home, or manufactured home, you must give written notice of your intent to dispose of the property by sale or other means to the tenant, and to any secured party you have actual notice of (for example, a lienholder on the title). Deliver it personally or by regular or certified mail to the last known address. If you sell such property, you may deduct the costs of sale and any storage charges, and then send the remaining proceeds to the Wisconsin Department of Administration for deposit in the state appropriation.
Where this fits in the eviction timeline
Abandoned-property rules only come into play after the tenant is gone. The eviction itself runs through Wisconsin's small-claims process (ch. 799), ending in a writ of restitution executed by the sheriff. What the tenant leaves at that point, whether they walked away voluntarily or were removed, is what 704.05(5) governs. The residential rental practices code, ATCP 134, covers related duties like security-deposit returns; handle the deposit accounting separately and do not use abandoned belongings to substitute for a proper deposit reconciliation.
Related Guides for Wisconsin Landlords
This summary reflects Wis. Stat. 704.05(5) as rewritten by 2011 Wisconsin Act 143, together with the residential rental practices code (Wis. Admin. Code ch. ATCP 134). Wisconsin's abandoned-property regime is notice-dependent and among the most landlord-favorable in the country; a single missing lease clause changes which rules apply. Statutes and their interpretation change, and facts like whether property is genuinely abandoned or subject to a lien can shift the analysis. Confirm the current text at the Wisconsin Legislature site and consult a Wisconsin attorney before disposing of high-value or titled property.
Frequently Asked Questions
Does Wisconsin require a storage period before I dispose of a tenant's property?
Not if your lease gave the required written notice that you will not store belongings the tenant leaves behind. Under Wis. Stat. 704.05(5), you may then presume abandonment and dispose of ordinary property in any manner you determine is appropriate, with no mandatory storage duration. The only timed exception is prescription medication or medical equipment, which must be held 7 days.
What written notice do I need to give?
When the tenant enters into or renews the rental agreement, you must give written notice that you will not store any personal property they leave behind. It belongs in the lease and every renewal. Without it, you lose the streamlined rule and must follow the older s. 704.05, 2009 stats. procedure.
Do I have to return sale proceeds to the tenant?
For ordinary belongings disposed of under the notice regime, no. Wisconsin imposes no duty to return proceeds to the tenant. The exception is a sold mobile home, manufactured home, or titled vehicle: after deducting sale costs and storage charges, you may send the remaining proceeds to the Wisconsin Department of Administration.
How long must I hold a tenant's leftover medications?
Prescription medication and prescription medical equipment must be held for 7 days from the date you discover it. If the tenant requests it back within that window and before you dispose of it, you must promptly return it. After 7 days you may dispose of it as you see fit.
What if the tenant left a car or a mobile home?
Before disposing of a titled vehicle, mobile home, or manufactured home, give written notice of your intent to dispose of it by sale or other means to the tenant and to any secured party you know of, personally or by regular or certified mail to the last known address. Do not simply scrap or sell titled property without that notice.
Is there a federal law that overrides Wisconsin's rules?
No. There is no federal statute governing a residential landlord's disposal of a tenant's abandoned personal property. Wisconsin's 704.05(5) controls, so the state's notice-driven framework is the full rulebook here.
Statutory citation: Wis. Stat. § 704.05(5). Laws current as of 2025, verify against your state's current statutes before acting. Last updated August 28, 2026. This page is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for your specific situation.