Landlords and tenants both have responsibilities and benefits. The landlord provides a clean and safe residence, and the tenant pays rent. When a tenant moves out or otherwise leaves a rental property, they must take all of their belongings with them. Landlords and tenants alike need to know what happens to property that is left after the lease terminates. A knowledgeable attorney will help you resolve tenant-landlord matters in Wisconsin.
What is the Presumption of Abandonment?
When a tenant moves out or is evicted, they may leave behind some of their belongings. A landlord needs to know how soon they can remove and dispose of a tenant’s property after they abandon it. First, you need to know when property left behind is considered abandoned. You can’t just discard items the moment someone leaves. In the absence of a written lease that states otherwise, property left behind is presumed abandoned after seven days. The clock begins once the last day of paid rent has been reached.
Exceptions to Presumption of Abandonment
Property is presumed abandoned after seven days, with the exception of medical items. The law defines medical items in this instance as prescription medication or prescription medical equipment. In this case, the landlord must hold the property for seven days from the date they discover the items. It is also important to note that the landlord cannot discard items for seven days after the end of tenancy. For example, if a tenant moves out early but leaves items behind and has paid rent until the end of the month, the landlord must wait for seven days after the end of the lease to discard abandoned property.
Landlord Requirements
The landlord has the responsibility to hold the property for a period of seven days after a trespasser is removed from or leaves the premises. This rule applies to cases where there is no written lease. If there is a written lease, the landlord must follow the contract. Once the landlord notifies the former tenant of the property left behind, they must return the items if the tenant requests their items back. The landlord should keep the tenant’s property in a safe, secure place for the time being, until the allotted seven-day abandonment requirement expires.
What Should I Do With Someone’s Belongings?
If the landlord has held the property for a period of at least seven days, the property is abandoned. The landlord may then dispose of it in any manner they see fit. The disposal of property is at the sole discretion of the landlord. You are under no further obligation to return property after 7 days. It is a good idea to document the property with a list and photos. You may throw the items out, keep them, give them away, or sell them. According to Wisconsin law, if the landlord sells the property through a private or public sale, they may send the proceeds, minus any costs of sale or storage, to the Department of Administration.
Landlords must always follow the law and the lease. To learn more, contact us at Moen Sheehan Meyer, Ltd. at (608) 784-8310 or online.