Navigating the complexities of landlord-tenant laws can be challenging, especially when it comes to tenant property. In Wisconsin, specific regulations protect tenants’ belongings and outline what landlords can and cannot do with personal property left behind. This guide aims to clarify these rules, providing both landlords and tenants with a clear understanding of their rights and responsibilities.
What Qualifies as Tenant Property?
In Wisconsin, tenant property is broadly defined as anything a tenant owns or purchases. This definition extends beyond the confines of the apartment unit itself, encompassing items stored in shared spaces such as garages, attics, basements, yards, and porches. It’s crucial to understand that ownership is the determining factor, regardless of location within the rental property.
Landlord Limitations: What They Can and Cannot Do
Generally, Wisconsin law restricts landlords from seizing or disposing of tenant property, even items they might consider trash. However, certain exceptions exist based on the tenant’s situation—whether they are still residing in the apartment, undergoing eviction, or have already vacated the premises. It’s important to note a critical exception regarding medications and medical equipment. Landlords are legally obligated to store these items for at least seven days upon tenant move-out or eviction and must promptly return them upon request, without exception. This is mandated by Wisconsin Statute 704.05(am).
Property Rights When a Tenant Still Resides in the Apartment
While a tenant is still living in the apartment, a landlord’s ability to interfere with their property is severely limited. The primary exception to this rule involves unauthorized vehicles parked on the rental property.
- Unauthorized Vehicle Towing: Landlords in Wisconsin have the authority to tow vehicles parked on their property without authorization. “Unauthorized” in this context typically refers to any vehicle other than the tenant’s registered vehicle. The landlord’s ability to tow depends on proper signage. If the landlord has posted signs clearly prohibiting unauthorized vehicles, they can proceed with towing.
Tenant Tip: To prevent towing incidents, tenants expecting a different vehicle to park in their designated spot should proactively provide the landlord with a detailed written description of the vehicle in advance.
Property Considerations During Eviction (Eviction Day)
When a tenant is undergoing eviction, the policies regarding property left behind after move-out also apply. If the lease agreement explicitly states that the landlord will not be responsible for moving or storing property left behind after an eviction, they have considerable leeway in handling abandoned possessions. They can discard, sell, donate, or otherwise dispose of the property as they see fit. A sheriff may be present during the property removal process on eviction day, especially if notified by the landlord. Landlords must strictly adhere to the terms outlined in the lease regarding abandoned property and can only modify this agreement mid-lease with the tenant’s explicit consent.
Tenant Tip: Following an eviction notice, tenants still have a legal right to reside in the apartment until the eviction is formally enforced by a sheriff. During this period, the landlord cannot seize tenant property unless a nonstandard rental provision, such as a landlord lien, is in place. The exceptions mentioned earlier for tenants still living in the apartment remain applicable during this pre-eviction phase.
Property Rights After Lease Termination
Upon lease termination, the landlord’s responsibility for tenant property depends heavily on the lease terms. If the lease specifies that the landlord will not move or store property left behind after the lease ends, the landlord has the right to dispose of the property as they deem appropriate, including discarding, selling, or donating it. Similar to eviction scenarios, these lease terms regarding abandoned property cannot be altered mid-lease without the tenant’s agreement.
In the absence of specific lease provisions addressing property left behind, Wisconsin law mandates that landlords must take responsibility for moving and storing the tenant’s belongings, even if they appear to be trash. The landlord must then notify the tenant within seven days of move-out about the storage location and provide at least 30 days’ notice if they intend to dispose of the property.
Handling Property in Shared Spaces
Landlords often establish rules in lease agreements prohibiting tenant property in common areas like hallways, porches, and backyards. These rules are typically implemented for safety reasons, such as preventing obstructions to passageways or mitigating fire hazards. However, even if a tenant’s property violates these safety rules, the landlord cannot simply confiscate it. They must first provide the tenant with a written notice requesting the removal of the property and informing them of potential fines for non-compliance.
In situations where tenant property needs temporary relocation, such as for pest control treatments or inspections by building, fire, or public health authorities, landlords must again provide written notice to the tenant, requesting them to move their property. Failure to comply can result in fines for the tenant. In emergency situations, a landlord can temporarily move tenant property without prior notice but must subsequently inform the tenant of the property’s storage location.
Tenant-Installed Fixtures: Ownership and Responsibility
Wisconsin law addresses fixtures installed by tenants in rental units. While residing in the apartment, a tenant can install fixtures like shelving, ceiling fans, or air conditioning units, but ideally should obtain written permission from the landlord beforehand. Even without explicit approval, tenant-installed fixtures are considered the tenant’s property while they live there, including those in shared spaces. If a landlord disapproves of installed fixtures, they can remove them but must charge the tenant for the removal costs and return the fixture to the tenant; they cannot keep it.
Upon moving out, any fixtures installed by the tenant and left behind become the landlord’s property. If the landlord did not approve the fixture installation, they may charge the tenant for the costs of removal and restoring the property to its original condition.
Remedies for Illegal Property Seizure by Landlords
Tenants facing illegal property seizure by a landlord have several recourse options:
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Formal Written Demand: The tenant can send a formal letter to the landlord requesting the return of the property or access to it. This letter should reference relevant Wisconsin statutes and local ordinances and set a clear deadline for property return.
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Police or Sheriff Intervention: Tenants can report an illegal eviction to the police or sheriff. An illegal eviction occurs when a landlord acts as if they are evicting a tenant without a court order, such as by throwing away or threatening to discard the tenant’s belongings. Landlords in Wisconsin cannot legally conduct evictions without sheriff assistance, as outlined in ATCP 134.09(7), Wisconsin Statute 799.45(3m), and 2013 Wisconsin Act 76, Sections 40-57 (effective 3/1/14).
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Consumer Complaint: A complaint can be filed with the Wisconsin Consumer Protection agency online or by calling (800) 422-7128.
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Small Claims Court Action: Tenants can pursue legal action in small claims court for replevin (property return) or monetary damages. For instance, if a landlord removes a couch from a porch and refuses to return it, the tenant could sue in small claims court. The Tenant Resource Center (TRC) can provide connections to attorneys for further legal assistance.
Handling Property Left Behind by Trespassers
Wisconsin law also addresses property left behind by trespassers, individuals who are not tenants, have never paid rent, and are not on the lease, and who are present without permission.
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Trespasser Definition: A trespasser differs from a guest in that they are not authorized by either the tenant or the landlord to be on the property. “Criminal trespassing” involves intentionally entering or remaining in a dwelling without permission, causing a disturbance or breach of peace.
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Property Disposal Procedures for Trespassers: Landlords in Wisconsin are required to hold property left behind by a trespasser for seven days from the date of discovery. After this period, the landlord can dispose of the property in any appropriate manner unless the trespasser claims it within those seven days. This is governed by Wisconsin Statute 704.055(2)(a) and 2015 Wisconsin Act 176, Section 21.
If a landlord sells the trespasser’s property, whether privately or publicly, they may remit the sale proceeds, minus sale and storage costs, to the Department of Administration for homeless programs, as per Wisconsin Statute 704.055(2)(b) and 2015 Wisconsin Act 176, Section 21.
Third-Party Claims on Trespasser Property (Landlords)
Creditors or other parties with a legal interest in trespasser property (liens, etc.) can claim the property at any point before the landlord disposes of it. If a disposal contract is in place, the third party is responsible for covering the landlord’s disposal expenses, as detailed in Wisconsin Statute 704.055(3) and 2015 Wisconsin Act 176, Section 21. It’s important for landlords to be aware of these regulations to ensure compliance and avoid potential legal issues. Speaking of legal issues, landlords and tenants alike should be aware of various laws, for instance, some might wonder, Is It Illegal To Sell Car Lockout Tools In Wisconsin? While this article focuses on tenant property rights, understanding the legal landscape in Wisconsin is crucial across various domains.
This guide provides a comprehensive overview of tenant property rights in Wisconsin, offering essential information for both landlords and tenants to navigate these legal matters effectively.
