Squatters' Rights in Wisconsin
Wisconsin rules on squatters & abandoned property for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Entering or remaining in another's dwelling without consent of a person lawfully there (or, if no one is, of the owner), under circumstances tending to provoke a breach of the peace, is criminal trespass to a dwelling, a Class A misdemeanor, whether or not the dwelling is currently… Wis. Stat. 943.14; 175.403; 704.055
The rules in Wisconsin
| Squatters / unauthorized occupants | Entering or remaining in another's dwelling without consent of a person lawfully there (or, if no one is, of the owner), under circumstances tending to provoke a breach of the peace, is criminal trespass to a dwelling, a Class A misdemeanor, whether or not the dwelling is currently occupied. Every law enforcement agency must have a written policy requiring an officer with probable cause to arrest for this offense to remove the person from the dwelling. Belongings left by a removed trespasser (a non-tenant) must be held 7 days after discovery, then may be disposed of at the landlord's discretion (returned on request before disposal). No sworn-affidavit removal procedure; tenants must be evicted under ch. 799. All three provisions were created or amended by 2015 Wis. Act 176. 175.403 text: https://docs.legis.wisconsin.gov/document/statutes/175.pdf; 704.055: https://docs.legis.wisconsin.gov/document/statutes/704.pdf. |
|---|---|
| Belongings left behind | If a tenant moves out or is evicted and leaves property, the landlord may presume it abandoned (absent a written agreement otherwise) and dispose of it in any manner it chooses, but only if the landlord gave written notice at lease signing or renewal that it will not store left-behind property; otherwise the older 2009 storage rules apply. Exceptions: prescription medication and medical equipment must be held 7 days; for a manufactured/mobile home or titled vehicle, the landlord must first give notice of intended disposal to the tenant and any known secured party (personally or by regular or certified mail). Sale proceeds, minus costs and storage, may be sent to the Department of Administration. The tenant or secured party may redeem before disposal by paying the landlord's expenses. Source: Wis. Stat. 704.05(5) |
Related questions
Wisconsin vs. neighboring states
| State | Squatters / unauthorized occupants | Belongings left behind |
|---|---|---|
| Wisconsin | Entering or remaining in another's dwelling without consent of a person lawfully there (or, if no one is, of the owner), under circumstances tending to provoke a breach of the peace, is criminal trespass to a dwelling, a Class A misdemeanor, whether or not the dwelling is currently occupied. Every law enforcement agency must have a written policy requiring an officer with probable cause to arrest for this offense to remove the person from the dwelling. Belongings left by a removed trespasser (a non-tenant) must be held 7 days after discovery, then may be disposed of at the landlord's discretion (returned on request before disposal). No sworn-affidavit removal procedure; tenants must be evicted under ch. 799. Wis. Stat. 943.14; 175.403; 704.055 | If a tenant moves out or is evicted and leaves property, the landlord may presume it abandoned (absent a written agreement otherwise) and dispose of it in any manner it chooses, but only if the landlord gave written notice at lease signing or renewal that it will not store left-behind property; otherwise the older 2009 storage rules apply. Exceptions: prescription medication and medical equipment must be held 7 days; for a manufactured/mobile home or titled vehicle, the landlord must first give notice of intended disposal to the tenant and any known secured party (personally or by regular or certified mail). Sale proceeds, minus costs and storage, may be sent to the Department of Administration. The tenant or secured party may redeem before disposal by paying the landlord's expenses. Wis. Stat. 704.05(5) |
| Illinois | No special affidavit or fast-track removal statute. The owner uses the regular eviction (forcible entry and detainer) case, which covers peaceable entry with possession unlawfully withheld and entry into vacant or unoccupied property without right or title. Since Jan. 1, 2026, the eviction article expressly says it does not stop police from enforcing criminal trespass (720 ILCS 5/21-3) or removing persons or property when there is a criminal trespass. 735 ILCS 5/9-102(a)(2)-(3), (e) (as amended by P.A. 104-29, eff. 1-1-26); 720 ILCS 5/21-3 | No statute — Illinois has no general statewide procedure (notice, storage period, sale) for belongings a residential tenant leaves behind. The eviction article (735 ILCS 5/Art. IX, Part 1) and the Landlord and Tenant Act (765 ILCS 705) contain no such section; the lease and local ordinances (e.g., Chicago) govern. 735 ILCS 5/Art. IX, Part 1; 765 ILCS 705 (checked) |
| Iowa | No special affidavit or police-removal statute. The owner uses the summary forcible entry and detainer (FED) action, which lies where the defendant entered the owner's prior actual possession 'by force, intimidation, fraud, or stealth' and keeps possession. For that ground, the 3-day written notice to quit otherwise required before filing is not required. Thirty days' peaceable possession with the plaintiff's knowledge after the cause of action accrues bars the FED action, so owners should act promptly. Iowa Code §648.1(1); §648.3(1); §648.18 | No statute — the residential landlord-tenant law (ch. 562A) has no procedure for belongings left in an apartment or house; §562A.29 covers only re-renting an abandoned unit, and the FED judgment/execution sections (§648.22) are silent on personal property. Iowa Code ch. 555B sets a removal, storage, sheriff-notice, and court abandonment process only for abandoned mobile homes and the owner's personal property in or around them. Iowa Code §562A.29; §648.22; ch. 555B (mobile homes) |
| Michigan | Two routes. (1) Court: summary proceedings are available against a person who entered by force, holds possession by force after a peaceable entry, or 'comes into possession of premises by trespass without color of title or other possessory interest.' After a judgment for possession, the court may issue the writ of restitution immediately if trespass without color of title is pleaded and proved with notice; normally there is a 10-day wait. (2) Self-help: if the occupant came in by forcible entry, holds by force, or is a trespasser without color of title, the owner or agent may enter the premises. The peaceable-entry requirement does not apply, but assault and battery (MCL 750.81-750.90g) remain prohibited. MCL 600.5714(1)(f); MCL 600.5744(3)(d), (5); MCL 600.5711(3) | No storage or notice statute for belongings left behind. At eviction, the writ directs the officer to remove all occupants and personal property and either leave the property in an area open to the public or in the public right-of-way, or deliver it to the sheriff if the sheriff allows. The officer serving the writ decides whether the premises and property are abandoned. MCL 600.5744(1)-(2) |
| Minnesota | No special squatter or affidavit statute. The owner files an eviction action. A person may be evicted if they 'unlawfully or forcibly occupied or taken possession of real property or unlawfully detains or retains possession' of it. Removal happens only after a court judgment and a writ of recovery of premises and order to vacate (§ 504B.345). Minn. Stat. §§ 504B.301, 504B.345 | If a tenant abandons the unit, the landlord may take the remaining property and must store and care for it. The landlord has a claim for reasonable removal and storage costs. The landlord may sell or dispose of it 28 days after receiving actual notice of the abandonment, or 28 days after it reasonably appears the tenant abandoned the unit, whichever is later. At least 14 days before a sale, the landlord must make reasonable efforts to notify the tenant: personal service in writing, or first-class and certified mail to the last known address, and in either case posting the notice of sale conspicuously on the premises at least two weeks ahead. Sale proceeds may cover costs and deposit-type claims; any surplus goes to the tenant on written demand. A landlord who does not return property within 24 hours of written demand (48 hours, excluding weekends and holidays, in some cases) faces punitive damages. Minn. Stat. § 504B.271 |
City rules that may add to state law
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Squatters' Rights in Wisconsin FAQ
How do you remove a squatter in Wisconsin?
Entering or remaining in another's dwelling without consent of a person lawfully there (or, if no one is, of the owner), under circumstances tending to provoke a breach of the peace, is criminal trespass to a dwelling, a Class A misdemeanor, whether or not the dwelling is currently occupied. Every law enforcement agency must have a written policy requiring an officer with probable cause to arrest for this offense to remove the person from the dwelling. Belongings left by a removed trespasser (a non-tenant) must be held 7 days after discovery, then may be disposed of at the landlord's discretion (returned on request before disposal). No sworn-affidavit removal procedure; tenants must be evicted under ch. 799. (Wis. Stat. 943.14; 175.403; 704.055)
What can a landlord do with a tenant's abandoned property in Wisconsin?
If a tenant moves out or is evicted and leaves property, the landlord may presume it abandoned (absent a written agreement otherwise) and dispose of it in any manner it chooses, but only if the landlord gave written notice at lease signing or renewal that it will not store left-behind property; otherwise the older 2009 storage rules apply. Exceptions: prescription medication and medical equipment must be held 7 days; for a manufactured/mobile home or titled vehicle, the landlord must first give notice of intended disposal to the tenant and any known secured party (personally or by regular or certified mail). Sale proceeds, minus costs and storage, may be sent to the Department of Administration. The tenant or secured party may redeem before disposal by paying the landlord's expenses. (Wis. Stat. 704.05(5))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.