Most landlords panic when tenants leave stuff behind. Totally understandable. But Wisconsin actually has pretty clear rules on what you can and can’t do with abandoned property. Let’s break down exactly what the law says and how to handle these situations without getting into trouble.
What Is Abandoned Personal Property?
Abandoned property is stuff someone leaves behind and doesn’t come back for. In Wisconsin, this usually means items left in rental properties after a tenant moves out or gets evicted.
The law treats abandoned property differently than lost property. Lost property means someone plans to come back for it. Abandoned means they’ve given up ownership.
Right?
Wisconsin landlords deal with this all the time. Furniture, clothes, electronics, and all kinds of random stuff get left behind. The good news is that the law spells out exactly what you need to do.
The Basic Rule for Landlords
Here’s the main thing to know. If you include the right language in your lease, you can dispose of abandoned property immediately. Seriously.
Back in 2011, Wisconsin passed Act 143. This law made life much easier for landlords. Before that, landlords had to jump through hoops to deal with tenant belongings.
Now it’s straightforward. You just need to include a specific notice in your rental agreement.
What You Need in Your Rental Agreement
Hold on, this part is important.
You must include written notice in your lease or rental agreement. The notice has to tell tenants that you won’t store their abandoned property. This notice needs to be given when the tenant first signs the lease or when they renew.
Here’s what the notice should basically say:
Landlord will not store any items of personal property that tenant leaves behind when tenant vacates. The only exception is prescription medication or prescription medical equipment, which will be held for seven days from the date of discovery.
Pretty simple language works best. Make it clear. Make it easy to understand.
If you put this in your lease, you’re good to go. You can dispose of abandoned stuff however you want.
What Happens If You Forget the Notice
Not sure what counts as proper notice?
If you don’t include that written notice in your rental agreement, you’re stuck with the old law. Trust me, you don’t want that.
Under the old law, you had three options. You could store the property and charge the tenant for storage costs. You could send a notice and wait 30 days before disposing of it. Or you could store it without a lien and return it to the tenant.
Honestly, this is the part most landlords mess up. They forget to add the notice to their lease template. Then they’re stuck waiting and storing stuff.
Don’t be one of them.
The Medical Property Exception
This one’s probably the most important rule.
Even if you have the right notice in your lease, you must hold prescription medication and medical equipment for 7 days. This includes things like prescription pills, inhalers, diabetic supplies, wheelchairs, and oxygen tanks.
The 7-day period starts when you discover the items. If the tenant contacts you during those 7 days and asks for the medical items back, you have to return them promptly.
After 7 days pass, you can dispose of medical items however you see fit.
Makes sense when you think about it. Someone might need their heart medication right away.
Special Rules for Vehicles and Mobile Homes
Wait, it gets more detailed.
If a tenant abandons a titled vehicle or a mobile home, you can’t just haul it away. You need to give written notice first.
The notice has to go to the tenant and any secured party you know about. You can serve this notice personally, by regular mail, or by certified mail to the tenant’s last known address.
A titled vehicle means anything with a title. Cars, motorcycles, RVs, boats. If it has a title document, follow this rule.
For mobile homes or manufactured homes, same deal. Give notice before disposing of them.
You need to tell them you plan to dispose of the vehicle or mobile home. Give them a chance to claim it first.
What About Trespassers
Okay, pause. Read this carefully.
Wisconsin law treats trespassers differently than tenants. A trespasser is someone who enters or stays in your rental property without permission. They’re not tenants.
If a trespasser leaves property behind, you must hold it for 7 days from when you discover it. After 7 days, you can assume they’ve abandoned it and dispose of it however you want.
This applies whether the property belongs to the trespasser or someone else. Their friend’s stuff, their family’s belongings, whatever. You can dispose of it all after 7 days.
How to Dispose of Abandoned Property
Now, here’s where things get interesting.
If you’ve followed all the rules, you can dispose of abandoned property in any way you choose. You have total discretion. Throw it away, donate it, sell it, keep it. Your call.
If you sell the property, you can keep the sale proceeds. But you have to subtract any costs of the sale first. You also have to subtract any storage charges if you stored the property before selling it.
After taking out those costs, you can send the remaining money to the Wisconsin Department of Administration. They hold it in case the owner ever claims it. Or you can just keep the proceeds yourself in most cases.
Most landlords just donate usable items or toss junk. Selling abandoned property is usually more trouble than it’s worth.
Property Left After Eviction
Wondering if this applies to evictions?
Yes, absolutely. The same rules apply whether a tenant moves out voluntarily or gets evicted.
When the sheriff executes a writ of restitution during an eviction, they remove all the tenant’s property. You can notify the sheriff that you’ll handle removal and storage yourself instead.
Then you follow the same abandonment rules. If you had the right notice in the lease, dispose of it however you want. If you didn’t, follow the old law’s requirements.
The sheriff can supervise the removal if you request it.
What You Can’t Do With Abandoned Property
Let’s talk about the no-no’s.
You cannot hold abandoned property hostage for unpaid rent. This is called distrain, and Wisconsin outlawed it years ago. If you refuse to return someone’s property until they pay rent, you’re breaking the law.
You cannot dispose of property before following the proper procedures. If you need to hold medical items for 7 days, you have to wait the full 7 days. If you need to give notice for a vehicle, you have to give that notice.
You cannot keep valuable property and claim ignorance. If you know something has serious value and the tenant clearly wants it back, work with them. Being unreasonable can get you sued.
Financial Assets and Unclaimed Property
Here’s something different. Some abandoned property isn’t physical stuff at all.
Wisconsin has separate laws for financial assets like bank accounts, stocks, and insurance proceeds. These become abandoned after one to five years of no owner activity, depending on the type of asset.
Businesses holding financial assets must report them to the Wisconsin Department of Revenue. The Department holds the money until the rightful owner claims it.
This doesn’t usually affect landlords unless you’re holding a large security deposit. But it’s worth knowing about.
The dormancy period varies by property type. Bank accounts typically become unclaimed after 5 years. Unpaid wages become unclaimed after just 1 year.
Rights of Third Parties
Not sure if this applies? It probably does.
Sometimes tenants leave behind property that belongs to other people. Their friend’s TV, their mom’s jewelry, their ex’s furniture. Doesn’t matter.
As the landlord, you have the power to dispose of all abandoned property on your premises. This applies even if the property belongs to someone else.
That person has the right to redeem their property before you dispose of it. They need to pay any expenses you’ve incurred for removal and storage. But once you’ve disposed of it or signed a contract to dispose of it, they’re out of luck.
Security interests don’t change this either. If someone has a lien on the abandoned property, too bad. They should have stayed in contact with the property owner.
Step-by-Step Guide for Landlords
Let me break down exactly what you need to do.
First, add the abandonment notice to your lease template right now. Seriously, do it today. This one step makes everything else easier.
Second, when a tenant moves out or gets evicted, document everything. Take photos of all abandoned property. Write down what you found and when you found it.
Third, check if any medical items are present. Prescription bottles, medical devices, anything healthcare related. Set those aside for 7 days.
Fourth, check for titled vehicles or mobile homes. If you find any, prepare and send the required written notice.
Fifth, wait the appropriate time period. Seven days for medical items and trespasser property. Immediate disposal for regular tenant property if you have the right lease language.
Sixth, dispose of the property however you choose. Donation is usually easiest.
Keep records of everything. Photos, dates, notices sent, disposal methods. If the tenant ever comes back claiming you stole their stuff, you’ll have proof you followed the law.
Common Mistakes to Avoid
You’re not alone, this confuses a lot of people.
Many landlords forget to update their lease templates after the law changed in 2011. They’re still following the old rules because their rental agreement doesn’t have the new language. Update your lease.
Some landlords think they can charge tenants for storing abandoned property even with the new notice. You can’t. The new law gives you the right to immediate disposal, not storage fees.
Others mix up the timeline for different types of property. Remember: 7 days for medical items and trespassers, immediate disposal for regular tenant property with proper notice, old law rules without proper notice.
Don’t dispose of items too quickly if you’re not sure about the rules. When in doubt, wait an extra week and document everything.
What If a Tenant Comes Back
Sound complicated? It’s actually not.
If a tenant comes back asking for their stuff after you’ve already disposed of it, they’re usually out of luck. You followed the law, you had the right notice, you waited the required time.
If they come back within the waiting period, things get trickier. For medical items, you have to return those if they ask within 7 days. For other items, it depends on your lease language.
The best approach is to be reasonable. If someone just moved out yesterday and comes back today for their grandmother’s photo album, just give it to them. Don’t be difficult about obviously sentimental items if you can easily return them.
But you’re not required to store their stuff indefinitely. That’s the whole point of these laws.
Selling Abandoned Property
Here’s where it gets better.
If you decide to sell abandoned property instead of just tossing it, you have a few options. Private sale means selling it yourself to whoever you want. Yard sale, online marketplace, whatever works.
Public sale means advertising it and selling to the highest bidder. This is usually overkill for typical abandoned property.
After the sale, you subtract your costs. This includes the cost of the sale itself plus any storage costs if you stored the items before selling.
The remaining proceeds can go to the Wisconsin Department of Administration or you can keep them. Most landlords don’t bother with the Department for small amounts.
For a car or something valuable, you might send the proceeds to the state. For a used couch you sold for 50 bucks, probably not worth the paperwork.
Recent Updates and Changes
Honestly, this is the part most people miss.
Wisconsin’s current abandoned property laws were last updated through 2025 Wisconsin Act 47. The core rules from the 2011 law are still in effect and working well.
The Department of Revenue updated their unclaimed property reporting requirements in 2025. These mainly affect businesses, not landlords.
The medical equipment exception has been in place since 2011 and hasn’t changed. Seven days is still the requirement.
No major changes are expected in 2026. The law is working as intended.
Resources and Where to Get Help
Now you know the basics.
If you need the actual legal text, check Wisconsin Statutes sections 704.05 and 704.055. These cover abandoned property in rental situations.
For unclaimed financial property, look at Chapter 177 of the Wisconsin Statutes. This covers the Uniform Unclaimed Property Act.
The Wisconsin Department of Revenue handles unclaimed property questions. You can reach them at 608-264-4594 or email [email protected].
For landlord-tenant legal advice, consider contacting a local attorney who specializes in landlord-tenant law. They can review your lease language and make sure you’re covered.
Wisconsin Legal Blank sells form rental agreements with the proper abandonment language already included. Worth checking out if you’re writing leases from scratch.
Frequently Asked Questions
Can I throw away a tenant’s stuff immediately after they move out?
Only if your rental agreement includes the required written notice about not storing abandoned property. Without that notice, you have to follow the old law’s 30-day waiting period. Medical items and titled vehicles have special rules no matter what.
What if the abandoned property is really valuable?
The law doesn’t treat expensive items differently than cheap items. If you followed the proper procedures, you can dispose of valuable property just like anything else. But be extra careful to document everything if items have obvious value.
Do I have to store abandoned property if my lease doesn’t mention it?
If your lease is silent on abandoned property, you’re stuck with the old law. You’ll need to send written notice and wait 30 days before disposing of most items. Add the proper language to your lease immediately to avoid this.
Can a tenant sue me for disposing of their abandoned property?
They can try, but they’ll lose if you followed the law correctly. Make sure you have the right lease language, follow the waiting periods for medical items and vehicles, and keep good documentation. That’s your protection.
What about property left by someone who was never a tenant?
If they were a trespasser, hold the property for 7 days from when you discover it. Then you can dispose of it however you want. The trespasser rules are actually simpler than tenant rules.
Final Thoughts
Wisconsin’s abandoned property laws are actually pretty landlord-friendly these days. The 2011 changes made a huge difference in simplifying the process.
The key is having the right language in your rental agreement. That one addition gives you the power to immediately dispose of most abandoned property without jumping through hoops.
Remember the exceptions. Medical items get 7 days. Titled vehicles and mobile homes need written notice. Trespasser property gets 7 days.
Stay informed, stay safe, and when in doubt, document everything. If you’re not sure whether you can dispose of something, wait a bit longer and take photos. It’s better to be cautious than to face a lawsuit.
Now go update those lease templates.
References
- Wisconsin Statute 704.05 – Rights and Duties of Landlord and Tenant
- Wisconsin Statute 704.055 – Disposition of Property Left by Trespasser
- Wisconsin Statute Chapter 177 – Uniform Unclaimed Property Act
- Wisconsin Department of Revenue – Unclaimed Property Information
- Wisconsin Legislature: Abandoned Property Index
