Cal. Civ. Code § 704.11
Lien of landlord.
Operative Text
704.11 Lien of landlord. Except as provided in ss. 704.90 and 779.43 or by express agreement of the parties, the landlord has no right to a lien on the property of the tenant; the common-law right of a landlord to distrain for rent is abolished.
Wisconsin Statute § 704.11 eliminates two traditional landlord remedies: the common-law right to 'distrain' (seize a tenant's belongings as security for unpaid rent) and any automatic lien on a tenant's personal property. Unless a specific statutory exception under ss. 704.90 or 779.43 applies, or the parties have explicitly agreed otherwise in writing, a landlord in Wisconsin holds no lien rights over a tenant's possessions. This provision effectively protects tenants' personal property from being claimed or held by a landlord outside of those narrow exceptions.
Plain English — not legal advice.
Under Wis. Stat. § 704.11, Wisconsin landlords generally cannot assert a lien on a tenant's personal property or seize belongings as a remedy for unpaid rent, as the common-law distress remedy has been abolished. Compliant operators pursuing unpaid rent typically rely on other legal remedies, such as civil court judgments, rather than attempting to hold or claim a tenant's property. The only recognized exceptions arise under ss. 704.90 and 779.43 or through an express contractual agreement with the tenant.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wis. Stat. § 704.11 provides Wisconsin tenants with a clear protection: a landlord generally has no automatic right to place a lien on or seize your personal property for unpaid rent or other lease obligations. If a landlord attempts to hold, claim, or distrain your belongings outside of the narrow exceptions in ss. 704.90 and 779.43 or an express written agreement, that action may be unlawful. Tenants who believe a landlord has improperly claimed their property may consider contacting a local tenant-rights organization or consulting with a legal aid office to understand available remedies.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation