In Wisconsin, a tenant is in statutory default after failing to pay for 7 consecutive days past the due date. You then send two notices, the second giving payment time of at least 14 days from the notice date, and you may sell only after that period ends and at least 15 days after one newspaper ad.
This page is general information, not legal advice. Review your notices and sale plan with your attorney before you act.
Wisconsin lien timeline at a glance
Wisconsin's rules are in one statute, Wis. Stat. 704.90 (self-service storage facilities), current through 2025 Wis. Act 247. It does not set a day count from default to sale, so the pace is set by the notice and ad intervals.
| Step | Earliest timing | What the law requires | Citation |
|---|---|---|---|
| 1. Rent due | Day 0 | Rent or other charges due under the written rental agreement. | 704.90(1)(a) |
| 2. Late fee | Day 5 | Reasonable fee for each month rent is not paid by 5 days after it is due, if in the agreement. | 704.90(4b) |
| 3. Default and deny access | Day 7 | Seven consecutive days unpaid is default. Operator may deny access until the tenant pays all rent and charges due. | 704.90(1)(a), (4r)(a) |
| 4. First notice | No day stated | Regular mail or confirmed email to the tenant and the additional person named in the agreement. | 704.90(5)(b)1. |
| 5. Second notice | No day stated | Verified mail or confirmed email. Demand for payment not sooner than 14 days after the notice date. | 704.90(5)(b)2., (5)(c) |
| 6. Advertise | After the payment period (see below) | Once in a newspaper of general circulation where the facility or unit is. | 704.90(6)(a)4. to 6. |
| 7. Sale | At least 15 days after the ad | After the second notice period expires. | 704.90(6)(a) |
The statute does not say whether the ad may run during the 14 day payment period. Sale must be after the period expires and at least 15 days after publication.
Worked example
Say rent of $70 is due on June 1 and not paid. On June 6 (day 5) you may add a late fee. Default begins June 8 (day 7) and you may overlock the unit. On June 12 you send the first notice by regular mail. On June 20 you send the second notice by verified mail demanding payment by July 4. You publish the ad on July 5. The earliest sale is July 20, 15 days after publication. The statute does not say whether the ad may run before the payment period ends, so confirm with your attorney before you publish early.
Notice requirements
The first notice goes by regular mail or email to the tenant and to the additional person named in the rental agreement. It states the default, any access denial, and your contact information. The second notice goes by verified mail or email and must include:
- A lien statement and notice of access denial.
- An itemized claim, including future charges and dates.
- A demand for payment within a period not sooner than 14 days after the notice date.
- A statement that property worth under $100 may be disposed of, that a vehicle may be towed, or that property will be sold with the date, time and place.
- A statement about surplus.
Photos or video of the property must be available to the tenant on request. Email works only if you use a service that confirms receipt and you actually receive the confirmation. Otherwise send regular mail (first notice) or verified mail (second notice). Mail is presumed delivered when deposited with USPS, properly addressed with postage prepaid. The last known address is the one in the latest rental agreement or a later written change.
Alternate contact
Every rental agreement must be in writing and must let the tenant name an additional person and last known address that you must notify. The first notice also goes to that person. The text for the second notice requires only the tenant's address, and we could not confirm whether the extra contact must receive it as well (704.90(2m); (5)(b)1.).
Advertising the sale
Publish once in a newspaper of general circulation where the facility or unit is located. The ad has a brief description of the property, the facility address (or your address for a unit) and the tenant's name. The sale may not be sooner than 15 days after publication. If a physical sale is postponed for bad weather (up to 14 days), run a new ad with the original date and reason, and send notice at least 5 days before the new date by regular mail or confirmed email.
Late fee limits
You may charge a reasonable late fee for each month rent is not paid by 5 days after it is due, if the amount is in the rental agreement. The greater of $20 or 20 percent of monthly rent is presumed reasonable (704.90(4b)). On a $70 unit, 20 percent is $14, so $20. A higher fee is allowed, but you carry the burden of proving it reasonable.
Sale rules, surplus and records
The sale must follow the second notice and be one of three kinds:
- A public sale with 3 or more bidders.
- A private sale after offering to at least 3 persons who deal in that type of property.
- Another commercially reasonable manner, including the Internet.
An online sale must be at a site reasonably expected to attract bidders. A physical sale is at the facility, the unit or the nearest suitable place. The tenant may redeem any time before disposal, removal or sale. A good faith purchaser takes free and clear even if you missed a step. Property with a fair market value under $100 may be donated to a 501(c)(3), put in a solid waste facility, recycled, or disposed of reasonably.
Surplus: apply the proceeds to the lien and return any balance to the tenant. If you cannot find the tenant with due diligence, report and deliver the balance to the secretary of revenue under chapter 177 (unclaimed property).
Vehicles, boats and trailers
Instead of a sale, you may have a vehicle removed by a towing company under s. 349.13(3m) if the tenant failed to pay for at least 7 consecutive days, both notices were given, the tenant had not paid for more than 60 consecutive days before the second notice was sent, and the tenant failed to redeem in the time stated. You are immune from civil liability for damage during removal and towing. Your lien is junior to security interests perfected under chapter 342 (vehicles) and chapter 30 (boats) (704.90(5r); (3)(a)).
Active-duty military (SCRA)
We found no Wisconsin servicemember rule in section 704.90. Federal law adds protections, and you should check a tenant's military status before any sale. See 50 U.S.C. 3958 for the federal rule.
What we could not confirm
- The published text omits some sub-units (5(b)1.b and 6(a)1), likely repealed. We could not confirm their content.
- How long after default the notices must go out, and whether the ad may run during the 14 day period.
- Rules under sub. (9) from the state consumer protection agency (DATCP) were not checked.
- Violations can bring forfeitures (up to $1,000 for a first offense and $3,000 later, each day separate) and tenant damages plus attorney fees under subs. (10) and (12).
Common mistakes checklist
- Treating a tenant as in default before 7 consecutive days unpaid.
- Skipping the additional person named in the lease on the first notice.
- Emailing without a confirmation service, or without getting the confirmation.
- A payment date less than 14 days after the notice date.
- Selling less than 15 days after publication.
- Not offering a private sale to at least 3 dealers, or not getting 3 bidders at a public sale.
- Refusing the tenant a look at the photos or video.
- Not checking active-duty status before the sale.
Tools and next steps
Plan your dates with the lien timeline calculator. Compare other states on the self storage lien laws hub. Read the self storage auction process guide for the full walk-through, and start from the lien notice template. If you want the dates tracked for you, see lien and auction management.
Sources and review
Last reviewed: October 19, 2026. Laws change, and courts read them differently. This is general information, not legal advice. Review every notice and sale with your attorney before you act.