Full question:
I have a friend that is renting a storage but is late on payments. Not sure of what she owes but its alot. I have some belongings in there, but the owner will not let me remove them. He is now claiming he is going to throw our things in the dump. Can he legally do this?
- Category: Abandoned Property
- Subcategory: Abandoned Property Self Storage
- Date:
- State: Wisconsin
Answer:
In Wisconsin, a storage facility operator has a lien on all personal property stored in a leased space for unpaid rent and related charges (Wis. Stat. § 704.90(3)(a)). If a lessee defaults by failing to pay rent for seven consecutive days, the operator can deny access to the property (Wis. Stat. § 704.90(4r)(a)).
Before selling or disposing of the property, the operator must follow specific notice requirements. They must send two notices: a first notice by regular mail and a second notice by certified mail, both to the lessee's last-known address. These notices must inform the lessee of the default, describe the personal property, and provide an opportunity to pay the owed amount (Wis. Stat. § 704.90(5)(b)).
If the lessee does not redeem the property within the specified time frame, the operator may proceed to sell the property to satisfy the lien (Wis. Stat. § 704.90(6)(a)). However, they cannot simply throw the property away without following these legal procedures.
Therefore, the operator cannot legally dispose of your belongings without first providing proper notice and an opportunity to pay what is owed.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.