Cal. Civ. Code § 704.055
Disposition of personalty left by trespasser.
Operative Text
704.055 Disposition of personalty left by trespasser. (1) Definition. In this section, “trespasser” means a person who is not a tenant and who enters or remains in residential rental property without the consent of the landlord or another person lawfully on the property. (2) At the landlord’s discretion. (a) If a trespasser is removed or otherwise removes from residential rental property and leaves personal property, the landlord shall hold the personal property for 7 days from the date on which the landlord discovers the personal property. After that time, the landlord may presume that the trespasser has abandoned the personal property and may dispose of the personal property in any manner that the landlord, in the landlord’s sole discretion, determines is appropriate but shall promptly return the personal property to the trespasser if the landlord receives a request for its return before the landlord disposes of it. (b) If the landlord disposes of the abandoned personal property by private or public sale, the landlord may send the proceeds of the sale minus any costs of sale and, if the landlord has first stored the personal property, minus any storage charges to the department of administration for deposit in the appropriation under s. 20.505 (7) (h). (3) Rights of 3rd persons. The landlord’s power to dispose as provided by this section applies to any personal property left on the landlord’s property by the trespasser, whether owned by the trespasser or by others. The power to dispose under this section applies notwithstanding any rights of others existing under any claim of ownership or security interest. The trespasser, other owner, or any secured party has the right to redeem the personal property at any time before the landlord has disposed of it or entered into a contract for its disposition by payment of any expenses that the landlord has incurred with respect to the disposition of the personal property.
Wisconsin Statute § 704.055 governs what happens to personal property left behind by a trespasser—someone who was never a lawful tenant and who entered or remained on residential rental property without permission. Under this rule, a landlord must hold any such property for at least 7 days after discovering it; after that window, the property may be treated as abandoned and disposed of in any way the landlord sees fit. Third parties who own or have a security interest in the left-behind property may reclaim it before disposal by reimbursing the landlord for any costs already incurred, but once the landlord has disposed of or contracted to dispose of the property, that redemption right ends.
Plain English — not legal advice.
Under Wis. Stat. § 704.055, operators of residential rental properties who discover personal property left by a trespasser generally document the discovery date and hold the items for the full 7-day period before taking any disposal action. Compliant landlords also respond promptly to any return request received within that window, regardless of whether the 7 days have elapsed. When proceeds from a sale of abandoned property are generated, landlords may remit those proceeds—minus documented sale and storage costs—to the Wisconsin Department of Administration as outlined in the statute.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wis. Stat. § 704.055 applies specifically to trespassers, not to lawful tenants, so individuals who hold or held a valid tenancy are generally governed by different provisions regarding their personal property. If someone believes they are being misclassified as a trespasser under this section, that classification itself may be a point of dispute worth exploring with a tenant-rights organization or legal aid provider familiar with Wisconsin landlord-tenant law. Third parties—such as owners or lienholders of property left by a trespasser—have a right under § 704.055 to reclaim items before disposal by covering the landlord's incurred costs, and may wish to act quickly given the 7-day holding period.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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