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AB 1139

Relating to: disposition of property left behind by a tenant and granting rule-making authority. (FE)

2025-2026 Regular Session Introduced by Clint Anderson and 5 co-sponsors

AB 1139 limits automatic abandonment rulings when a tenant indicates non-abandonment, requiring landlords to follow 2009 abandoned-property rules and DATCP to set reasonable costs

Failed to pass pursuant to Senate Joint Resolution 1
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WeVote Research Nonpartisan
Bill Summary · AB 1139

Summary of Assembly Bill 1139 (2025-2026 Session) — Wisconsin

Overview

  • Title: Relating to disposition of property left behind by a tenant and granting rule-making authority.
  • Bill Number: AB 1139
  • Jurisdiction: Wisconsin
  • Introduced: March 13, 2026
  • Primary sponsors: Representatives Clancy, Madison, Anderson, Stubbs, Sinicki, Moore Omokunde; Senators Larson, Ratcliff, Carpenter
  • Current status: Referred to the Assembly Committee on Housing and Real Estate (as of initial reading)

Purpose and Intent

AB 1139 modifies how a landlord must treat personal property left behind by a tenant who leaves or is evicted. The bill aims to prevent automatic presumed abandonment and requires landlords to follow more protective procedures when the tenant has indicated that the property is not abandoned. It also creates a rule-making authority for establishing a reasonable cost framework for handling such property.

Key Provisions

  1. Presumption of Abandonment Limited (704.05 (5) (a) 1.)

    • Under current law, a landlord may assume abandonment of property left behind after a tenant vacates, subject to certain conditions.
    • AB 1139 changes this:
      • If there is any indication from the tenant that the property is not abandoned, the landlord may not presume abandonment.
      • In such cases, the landlord must comply with the pre-2009 statutory requirements (as of 2009) for abandoned property, including either storing the property or providing 30 days’ notice before disposal.
      • If the tenant has given any indication that the property is not abandoned, the landlord must follow the 2009 statutes regarding disposition.

  2. Rule-Making Authority on Fees (New 704.05 (5) (d))

    • The bill authorizes the Department of Agriculture, Trade and Consumer Protection (DATCP) to establish by rule what constitutes a “reasonable rate” for costs related to removing, disposing of, selling, or storing the tenant’s personal property after the tenant leaves.
    • Landlords may not charge more than this reasonable rate.

Who Would Be Affected

  • Landlords and Property Owners:

    • Must adjust practices when tenants leave or are evicted and indicate property is not abandoned.
    • Must follow the more protective treatment and storage/disposition timelines if indicated as not abandoned.
    • Must ensure any charges for disposal/storage meet the new “reasonable rate” standard set by DATCP rules.

  • Tenants:

    • Gain protections against automatic disposal of left-behind property if they indicate that it is not abandoned.
    • May benefit from clearer timelines and cost controls for removal, storage, or sale of property.

  • DATCP (Department of Agriculture, Trade and Consumer Protection):

    • Receives rule-making authority to define what constitutes a reasonable rate for disposal/storage/removal costs.

Procedural and Timeline Considerations

  • Effective Process:
    • If a tenant indicates non-abandonment, landlords revert to the 2009 statutory framework for handling left-behind property, including required storage or 30-day notice prior to disposal, and must notify authorities when applicable (e.g., sheriff under related statutes).
  • Cost Rules:
    • DATCP must establish rules to determine “reasonable” disposal/storage costs; the bill does not set specific dollar amounts but delegates standard-setting to the department.

Practical Implications

  • The bill introduces a more tenant-friendly approach when there is any indication that belongings are not abandoned, reducing arbitrary disposal by landlords.
  • It formalizes and centralizes cost controls for landlords, potentially reducing disputes over charges for handling left-behind property.
  • Implementation will depend on DATCP rulemaking to define “reasonable rate” thresholds, which could influence typical removal/storage fees.

Additional Notes

  • The bill text references the 2009 version of statutes for handling not-abandoned property and mentions coordination with sheriff notification where applicable.
  • No fiscal impact details are provided in the available material; a fiscal estimate is reportedly printed as an appendix to the bill.

If you’d like, I can extract specific statutory cross-references (e.g., 704.05, 799.45) and summarize how they interact with the bill’s changes.

Compiled from official sources — confirm details with the bill’s official record.

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