LRB-3894/1
MCP:amn
2023 - 2024 LEGISLATURE
November 27, 2023 - Introduced by Representatives Clancy, Madison, Ratcliff,
Palmeri, C. Anderson, J. Anderson, Baldeh, Cabrera, Conley, Drake,
Emerson, Hong, Jacobson, Joers, Moore Omokunde, Shelton, Sinicki,
Snodgrass, Stubbs and Subeck, cosponsored by Senators Larson, Agard,
Hesselbein, L. Johnson, Roys and Smith. Referred to Committee on Housing
and Real Estate.
AB700,1,3 1An Act to amend 704.05 (5) (a) 1.; and to create 704.05 (5) (d) of the statutes;
2relating to: disposition of property left behind by a tenant and granting
3rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, if a tenant vacates a rented premises, the landlord may
presume that any personal property left behind has been abandoned and may
dispose of it, unless there is a written agreement between the landlord and tenant
to the contrary. This bill provides that a landlord may not presume that personal
property has been abandoned if there is any indication from the tenant that the
property is not abandoned. Under the bill, if the tenant has given any indication that
the personal property is not abandoned, the landlord must comply with the 2009
version of the statutes, which require the landlord to either store the property or give
the tenant 30 days' notice before disposing of the property.
The bill also prohibits a landlord from charging a tenant more than a
reasonable rate for removing, disposing of, selling, or storing the tenant's personal
property after the tenant removes from the premises. The bill requires this
reasonable rate to be set by rule by the Department of Agriculture, Trade and
Consumer Protection.

For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB700,1 1Section 1. 704.05 (5) (a) 1. of the statutes is amended to read:
AB700,2,122 704.05 (5) (a) 1. If a tenant removes from or is evicted from the premises and
3leaves personal property, the landlord may presume, in the absence of a written
4agreement between the landlord and the tenant to the contrary or any indication
5from the tenant that the personal property is not abandoned
, that the tenant has
6abandoned the personal property and may, subject to par. (am) and s. 799.45 (3m),
7dispose of the abandoned personal property in any manner that the landlord, in its
8sole discretion, determines is appropriate. If the tenant has given any indication that
9the personal property is not abandoned, the landlord shall comply with s. 704.05,
102009 stats., with respect to any personal property left behind by the tenant when the
11tenant removes from the premises, or if the tenant is evicted from the premises and
12the landlord notifies the sheriff under s. 799.45 (3m).
AB700,2 13Section 2. 704.05 (5) (d) of the statutes is created to read:
AB700,2,1814 704.05 (5) (d) Cost to tenant of landlord's disposal of personal property. A
15landlord may not charge to a tenant more than a reasonable rate, as determined by
16the department of agriculture, trade and consumer protection by rule, for removing,
17disposing of, selling, or storing the tenant's personal property after the tenant
18removes from the premises.
AB700,2,1919 (End)
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