LotWardenLien laws by state

Storage lien laws · State guide

Wisconsin storage lien laws

Wisconsin Statutes § 704.90 — Self-Service Storage Facilities →Verified 2026-06-11

Wisconsin gives self-service storage operators a lien on all personal property for unpaid rent and charges; the lien attaches on the first day of storage (§ 704.90(3)(a)). Default is 7 consecutive days past the due date (§ 704.90(1)(a)). Enforcement requires two notices: a first notice by regular mail or email, then a second by verified mail or confirmed-delivery email giving the lessee at least 14 days to pay. A lien sale requires one newspaper advertisement and cannot occur sooner than 15 days after publication. Wisconsin also provides a towing alternative for vehicles (not boats) after 60-plus consecutive days of non-payment. Late fees of $20 or 20% of monthly rent (whichever is greater) are presumed reasonable; higher fees are allowed if the operator proves reasonableness. Security interests under ch. 342 (vehicles) or ch. 30 (boats) are superior to the operator's lien.

At a glance

WI · verified 2026-06-11
Statute
Wisconsin Statutes § 704.90 — Self-Service Storage Facilities
Notice delivery
First notice — regular mail to last-known address, or electronic mail to last-known email address of the lessee and any additional contact named in the rental agreement (§ 704.90(5)(b)1.) · Second notice — verified mail (any USPS or commercial carrier method that provides evidence of mailing) to last-known address, OR electronic mail to last-known email address of the lessee only — but email is permitted only if the operator uses a service that provides confirmation of receipt and actually receives that confirmation; if confirmation is not received, the operator must fall back to verified mail (§§ 704.90(5)(b)2., 704.90(7)(a)–(b)) · Notice by mailing is presumed delivered when deposited with USPS, properly addressed, with postage prepaid (§ 704.90(7)(a))
Sale method
Three sale methods are permitted: (1) public sale with at least 3 bidders, property offered in one or multiple parcels; (2) private transaction after offering to at least 3 persons who deal in the type of personal property offered for sale; or (3) any other commercially reasonable method, including an Internet auction (§ 704.90(6)(a)7.). The sale must be held at an Internet site reasonably expected to attract bidders, or — if physical — at the facility, the storage unit, or the nearest suitable location (§ 704.90(6)(a)8.). A bona fide purchaser takes free and clear of all rights, even if the operator did not fully comply (§ 704.90(6)(c)).
Late fees
The operator may charge a reasonable late fee for each month the lessee does not pay rent within 5 days after it is due, if the amount is stated in the rental agreement (§ 704.90(4b)(a)). A fee of $20 or 20% of the monthly rental amount, whichever is greater, is presumed reasonable (§ 704.90(4b)(b)). Higher fees are permitted if the operator proves reasonableness; there is no hard statutory cap. Note that the 5-day late-fee trigger is earlier than the 7-day default period that starts the lien-enforcement clock.
Vehicles & boats
Wisconsin § 704.90 does not give the storage operator any mechanism to obtain a certificate of title directly through the Wisconsin DOT. Under Path 1 (lien sale), the purchaser at the sale takes the property free and clear under § 704.90(6)(c) and must apply to the Wisconsin DMV for a title using the sale documentation. Under Path 2 (towing via § 349.13(3m)), the towing company handles the vehicle under applicable Wisconsin law governing towing and impoundment — the storage operator's involvement ends when the towing company takes possession. A security interest in a vehicle perfected under ch. 342 is superior to the operator's lien; the operator should run a lien search before selling a titled vehicle to avoid liability to the lienholder.

The lien clock

Each station below is a statutory checkpoint. Miss one and the sale can be challenged — this is the timeline LotWarden tracks automatically.

  1. 01

    Day 7 — rent or other charges unpaid for 7 consecutive days after the due date

    Default begins

    The statute defines default as failing to pay rent or other charges due under the rental agreement for a period of 7 consecutive days after the due date (§ 704.90(1)(a)). Once default occurs, the operator may deny access to the personal property (§ 704.90(4r)(a)). The statutory lien already attached on the first day the property was stored (§ 704.90(3)(a)), so enforcement may begin as soon as the 7-day default period expires.

    Wis. Stat. §§ 704.90(1)(a), 704.90(3)(a), 704.90(4r)(a)

  2. 02

    After default; no explicit day count required between first and second notice, but both must be sent before any disposal, towing, or sale

    Send first notice

    The operator must send a first notice by regular mail or email to the lessee's last-known address or email address, and to any additional contact person named in the rental agreement. The notice must state that the lessee is in default (or has abandoned property after termination), give notice of access denial if applicable, and provide the operator's name, street address, and phone number so the lessee can redeem. The statute does not prescribe a minimum gap between the first and second notice, but both must be delivered before the operator may proceed with disposal, vehicle removal, or sale (§ 704.90(5)(b)).

    Wis. Stat. § 704.90(5)(b)1.

  3. 03

    After first notice; must give lessee at least 14 days to pay before a sale or vehicle removal may occur

    Send second notice (verified mail or confirmed email)

    The operator must send a second notice by verified mail to the lessee's last-known address, or by email if the operator uses a service that provides and actually receives delivery confirmation. If email confirmation cannot be obtained, the operator must use verified mail instead. The second notice must include the lien statement, any access-denial notice, an itemized charge statement including amounts accruing before sale, a payment demand with a deadline at least 14 days out, the sale date/time/place (if a sale is planned), the towing/disposal outcome, the proceeds-application statement, and the operator's contact information. When the second notice is sent, the operator must have photographs or video of the stored property and provide them to the lessee upon request.

    Wis. Stat. §§ 704.90(5)(b)2., 704.90(5)(c), 704.90(7)(b)

  4. 04

    After the payment deadline in the second notice (minimum 14 days from second notice date)

    Redemption window closes

    At any time before disposal, vehicle removal, or sale, the lessee may redeem the property by paying the full amount of rent and all other charges due. Once payment is received, the operator must return the property and has no further liability (§ 704.90(5)(a)). After the redemption deadline in the second notice passes without payment, the operator may proceed to sell general property (subject to the advertising requirement) or, for vehicles, may either sell or tow.

    Wis. Stat. § 704.90(5)(a)

  5. 05

    After the second notice deadline passes; advertisement must run once in a newspaper of general circulation where the facility is located

    Publish newspaper advertisement for sale

    Before conducting a lien sale, the operator must publish one advertisement in a newspaper of general circulation in the area where the self-service storage facility or unit is located. The advertisement must include a brief, general description of the personal property reasonably adequate to identify it, the address of the facility or operator and the name of the lessee (§ 704.90(6)(a)4.–5.). No second-week run is required — Wisconsin requires only one publication.

    Wis. Stat. § 704.90(6)(a)4.–5.

  6. 06

    Not sooner than 15 days after the newspaper advertisement is published

    Conduct lien sale

    The sale may not occur sooner than 15 days after newspaper publication (§ 704.90(6)(a)6.). Three sale methods are permitted: (a) public sale with at least 3 bidders, property offered in one or multiple parcels; (b) private transaction after offering to at least 3 persons who deal in the type of personal property offered for sale; or (c) any other commercially reasonable method, including via the Internet (§ 704.90(6)(a)7.). The sale must be held at an Internet site reasonably expected to attract bidders, or at the facility, storage unit, or nearest suitable location (§ 704.90(6)(a)8.). If a physical-location sale is postponed for inclement weather, the operator may delay up to 14 days, re-advertise under § 704.90(6)(am), and give the lessee at least 5 days' notice of the new date.

    Wis. Stat. § 704.90(6)(a)6.–8., 704.90(6)(am)

  7. 07

    Immediately after the sale

    Apply proceeds and return surplus

    The operator applies sale proceeds first to satisfy the lien under § 704.90(3)(a) (covering rent, other charges, and expenses of preservation, removal, storage, preparation for sale, and sale). Any remaining balance must be returned to the lessee. If the operator cannot locate the lessee with due diligence, the surplus must be reported and delivered to the Wisconsin Secretary of Revenue as unclaimed property under ch. 177 (§ 704.90(6)(b)).

    Wis. Stat. § 704.90(6)(b)

Notice requirements

Permitted delivery

  • First notice — regular mail to last-known address, or electronic mail to last-known email address of the lessee and any additional contact named in the rental agreement (§ 704.90(5)(b)1.)
  • Second notice — verified mail (any USPS or commercial carrier method that provides evidence of mailing) to last-known address, OR electronic mail to last-known email address of the lessee only — but email is permitted only if the operator uses a service that provides confirmation of receipt and actually receives that confirmation; if confirmation is not received, the operator must fall back to verified mail (§§ 704.90(5)(b)2., 704.90(7)(a)–(b))
  • Notice by mailing is presumed delivered when deposited with USPS, properly addressed, with postage prepaid (§ 704.90(7)(a))

The notice must include

  • FIRST NOTICE — Notification that the lessee is in default or has failed to pay rent for abandoned property after termination, or both (§ 704.90(5)(b)1.a.)
  • FIRST NOTICE — Notice of denial of access to the personal property, if denial is permitted under the rental agreement or § 704.90(4r) (§ 704.90(5)(b)1.c.)
  • FIRST NOTICE — Name, street address, and telephone number of the operator the lessee may contact to redeem the property (§ 704.90(5)(b)1.d.)
  • SECOND NOTICE — Statement that the operator has a lien on the personal property stored in the leased space (§ 704.90(5)(b)2.a.)
  • SECOND NOTICE — Notice of denial of access, if permitted (§ 704.90(5)(b)2.am.)
  • SECOND NOTICE — Itemized statement of all rent and other charges due as of the notice date, plus additional charges that will accrue before sale and their due dates (§ 704.90(5)(b)2.b.)
  • SECOND NOTICE — Demand for payment within a period not sooner than 14 days after the notice date (§ 704.90(5)(b)2.c.)
  • SECOND NOTICE — Statement that unless paid within the demand period, property may be disposed of (if fair market value under $100), removed by a towing company (if a vehicle), or sold; the date, time, and place of any planned sale; and that sale proceeds will first satisfy the lien with any balance returned to the lessee or, if the lessee cannot be located, delivered to the Wisconsin Secretary of Revenue under ch. 177 (§ 704.90(5)(b)2.d.)
  • SECOND NOTICE — Name, street address, and telephone number of the operator the lessee may contact to redeem the property (§ 704.90(5)(b)2.e.)
  • SECOND NOTICE — When sending the second notice, the operator must have available (at the operator's discretion) photographs or a video of the stored property and must make these available to the lessee upon request (§ 704.90(5)(c))

Wis. Stat. §§ 704.90(5)(b)1.–2., 704.90(5)(c), 704.90(7)(a)–(b)

The part most guides skip

Vehicles, boats & RVs

BOATS AND WATERCRAFT ARE NOT VEHICLES — the § 704.90(5r) towing alternative does NOT apply to watercraft. Watercraft are "personal property" under § 704.90(1)(e) but are not "vehicles" as defined by § 340.01(74) (devices transported on a highway). Boats must go through the standard lien-sale path: both notices + newspaper ad + 15-day wait. A ch. 30 security interest in a boat is superior to the operator's lien (§ 704.90(3)(a)). Trailers DO qualify as vehicles and may use either path. Wisconsin provides two paths for a vehicle in default. PATH 1 — Lien sale: both notices, one newspaper ad, 15-day wait, then a commercially reasonable sale. PATH 2 — Towing: the operator may have a vehicle towed under § 349.13(3m) only after all four § 704.90(5r)(a) conditions are met: (1) lessee unpaid at least 7 days past due; (2) operator complied with both notice requirements under §§ 704.90(5)(b) and 704.90(7)(b); (3) before sending the second notice, lessee was unpaid more than 60 consecutive days; and (4) lessee failed to redeem within the second notice's 14-day minimum window. The operator is immune from liability for towing damage (§ 704.90(5r)(b)). A ch. 342 security interest in a vehicle is superior to the operator's lien (§ 704.90(3)(a)).

Titled property path

Wisconsin § 704.90 does not give the storage operator any mechanism to obtain a certificate of title directly through the Wisconsin DOT. Under Path 1 (lien sale), the purchaser at the sale takes the property free and clear under § 704.90(6)(c) and must apply to the Wisconsin DMV for a title using the sale documentation. Under Path 2 (towing via § 349.13(3m)), the towing company handles the vehicle under applicable Wisconsin law governing towing and impoundment — the storage operator's involvement ends when the towing company takes possession. A security interest in a vehicle perfected under ch. 342 is superior to the operator's lien; the operator should run a lien search before selling a titled vehicle to avoid liability to the lienholder.

Wis. Stat. §§ 704.90(1)(e), 704.90(1)(i), 704.90(3)(a), 704.90(5r)(a)–(b), 340.01(74)

Sale rules

Method
Three sale methods are permitted: (1) public sale with at least 3 bidders, property offered in one or multiple parcels; (2) private transaction after offering to at least 3 persons who deal in the type of personal property offered for sale; or (3) any other commercially reasonable method, including an Internet auction (§ 704.90(6)(a)7.). The sale must be held at an Internet site reasonably expected to attract bidders, or — if physical — at the facility, the storage unit, or the nearest suitable location (§ 704.90(6)(a)8.). A bona fide purchaser takes free and clear of all rights, even if the operator did not fully comply (§ 704.90(6)(c)).
Advertising
One advertisement must be published in a newspaper of general circulation where the storage facility or unit is located (§ 704.90(6)(a)4.). The advertisement must contain a brief and general description of the property reasonably adequate to identify it, the address of the facility or operator, and the name of the lessee (§ 704.90(6)(a)5.). The sale may not take place sooner than 15 days after the advertisement is published (§ 704.90(6)(a)6.). Wisconsin requires only one newspaper publication — not two consecutive weeks as some other states require.
Proceeds & surplus
Proceeds are applied first to the lien (covering rent, other charges, and enforcement expenses under § 704.90(3)(a)). Any balance must be returned to the lessee. If the operator cannot locate the lessee with due diligence, the surplus must be reported and delivered to the Wisconsin Secretary of Revenue as unclaimed property under ch. 177 (§ 704.90(6)(b)).

Wis. Stat. §§ 704.90(6)(a)4.–8., 704.90(6)(b)–(c)

Late fees

The operator may charge a reasonable late fee for each month the lessee does not pay rent within 5 days after it is due, if the amount is stated in the rental agreement (§ 704.90(4b)(a)). A fee of $20 or 20% of the monthly rental amount, whichever is greater, is presumed reasonable (§ 704.90(4b)(b)). Higher fees are permitted if the operator proves reasonableness; there is no hard statutory cap. Note that the 5-day late-fee trigger is earlier than the 7-day default period that starts the lien-enforcement clock.

Wis. Stat. § 704.90(4b)(a)–(b)

Operator questions

My tenant stores an RV on my outdoor lot and has not paid in two months. Can I tow it now?

Possibly, but only if you have sent both required notices and the second notice's payment deadline has passed. Under § 704.90(5r)(a), you may have a vehicle towed only if: (1) the lessee has been unpaid for at least 7 days after the due date; (2) you sent both required notices and used email only with confirmed delivery; (3) the lessee had been unpaid for more than 60 consecutive days before you sent the second notice; and (4) the lessee did not pay within the 14-day minimum window in the second notice. If all four conditions are met, you may call a towing company operating under § 349.13(3m). You are immune from liability for damage arising from the tow (§ 704.90(5r)(b)). If the RV is only 60 days past due right now and you have not yet sent either notice, you are not ready to tow. Note that a boat stored on your lot is not a "vehicle" under Wisconsin law and must go through the standard lien-sale path — there is no towing option for watercraft.

What is the minimum time from first default to conducting a lien sale?

There is no single statutory minimum, but adding the required steps produces a floor of roughly 35-plus days. Default does not start until day 7 after the due date (§ 704.90(1)(a)). After that you must send both notices — the second notice must give the lessee at least 14 days to pay (§ 704.90(5)(b)2.c.). Once the 14-day window closes, you must publish one newspaper advertisement and wait at least 15 days after publication before the sale (§ 704.90(6)(a)4., 6.). Practical minimum: 7 (default) + however long it takes to send both notices + 14 (demand period) + 15 (after publication) = at least 36 days from when rent was first due, and often longer depending on how quickly you send each notice.

Can I send the second notice by email instead of certified mail?

Yes, but with a strict condition. Section 704.90(7)(b) says you may use email for the second notice only if you use a service that provides confirmation of receipt and you actually receive that confirmation. If you do not use such a service, or if delivery is not confirmed, you must send the second notice by verified mail instead. "Verified mail" is broadly defined as any USPS or commercial carrier method that provides evidence of mailing (§ 704.90(1)(j)) — so certified mail, FedEx with tracking, and similar services all qualify. If you send the second notice by email and the confirmation bounces or never arrives, you must re-send by verified mail before you can proceed.

A boat stored on my lot is in default. Can I tow it or sell it the same way as a car?

Watercraft are personal property under § 704.90(1)(e) and go through the standard two-notice / newspaper-advertisement / lien-sale process. The towing alternative in § 704.90(5r) applies only to "vehicles," which Wisconsin defines by reference to § 340.01(74) as devices transported on a highway — a definition that includes trailers but not boats. So you cannot use the § 349.13(3m) towing path for a boat; you must proceed with a full lien sale. Also check the boat's title: a security interest in a boat perfected under ch. 30 is superior to your lien (§ 704.90(3)(a)), so notify any lienholder before selling.

What does the newspaper advertisement need to say, and do I need to run it twice?

The advertisement must appear once — not twice — in a newspaper of general circulation where the storage facility or unit is located (§ 704.90(6)(a)4.). It must include a brief, general description of the property adequate to identify it, the address of the facility or operator, and the name of the lessee (§ 704.90(6)(a)5.). The sale may not occur sooner than 15 days after the advertisement publishes (§ 704.90(6)(a)6.). Wisconsin's single-publication requirement is less burdensome than states that require two consecutive weeks of advertising.

What happens to money left over after the sale?

Apply proceeds first to your lien — covering unpaid rent, other charges, and the reasonable expenses of preservation, removal, storage, and conducting the sale (§ 704.90(3)(a)). Any surplus must be returned to the lessee. If you cannot locate the lessee with due diligence, report and deliver the unclaimed balance to the Wisconsin Secretary of Revenue under the state's unclaimed property law, ch. 177 (§ 704.90(6)(b)). You cannot keep the surplus. Keep sale records and a log of your attempts to contact the lessee in case the state or the lessee later asks for an accounting.

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