If a tenant moves out or vacates the leased premises and leaves personal property items behind—whether an automobile, pots and pans, jewelry, or artwork—the landlord may be required to safely store the tenant’s abandoned property for some period of time after giving the tenant notice of the property that was abandoned and the right to pick up the property before the landlord may legally dispose of it and keep the proceeds of any sale of the items.
Under some state laws this time period begins when the landlord takes possession of the abandoned property and does not require the landlord to give the tenant notice of the abandoned property. And some states do not have a law (statute) on abandoned property—leaving the issue to be addressed by the terms of the lease agreement, or perhaps by previous court opinions that have addressed the issue (also known as case law or precedent).
The laws regarding a landlord’s obligation to safely store the tenant’s abandoned property for some period of time after giving the tenant notice vary from state to state, with the time period generally ranging from 5 days to 60 days. In some states the landlord may have a lien on such personal property items to the extent the tenant has a balance of unpaid rent due or the tenant caused damage to the leased premises in excess of any security deposit held by the landlord. And some lease agreements include a provision that defines the landlord’s and tenant’s rights and obligations regarding abandoned property.
The laws regarding a landlord’s obligation to safely store the tenant’s abandoned property for some period of time after giving the tenant notice are usually located in a state’s statutes but may also be included in city or municipal codes or ordinances.
In Wisconsin, when a tenant abandons personal property after moving out, the landlord must handle the items according to specific state statutes. Wisconsin Statute § 704.05(5) outlines the process for dealing with a tenant's abandoned property. The landlord is required to give notice to the tenant about the abandoned property and allow the tenant a reasonable opportunity to claim it. If the tenant does not claim the property within the time specified in the notice, which is typically not less than 30 days, the landlord may then dispose of the property. If the property is worth more than $50, the landlord must hold the property for at least 30 days and make reasonable efforts to notify the tenant. After the notice period, the landlord may sell the items and apply the proceeds to any unpaid rent or damages, returning any excess to the tenant. If the property is worth less than $50, the landlord may dispose of it as they see fit after the notice period. Additionally, the lease agreement may include specific provisions regarding abandoned property, which can also dictate the process. It's important for landlords to follow these regulations carefully to avoid potential legal issues.