Chapter 704 — LANDLORD AND TENANT
34 sections in this chapter.
Wis. Stat. § 704.01 Definitions
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704.01 Definitions. In this chapter, unless the context indicates otherwise: (1) “Lease” means an agreement, whether oral or written, for transfer of possession of real property, or both real and personal property, for a definite period of time. A lease is for a definite period o…
Wis. Stat. § 704.02 Severability of rental agreement provisions
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704.02 Severability of rental agreement provisions. The provisions of a rental agreement are severable. If any provision of a rental agreement is rendered void or unenforceable by reason of any statute, rule, regulation, or judicial order, the inva- 704.19 704.21 704.22 704.23 70…
Wis. Stat. § 704.03 Requirement of writing for rental agreements and termination
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704.03 Requirement of writing for rental agreements and termination. (1) ORIGINAL AGREEMENT. Notwithstanding s. 704.02, a lease for more than a year, or a contract to make such a lease, is not enforceable unless it meets the requirements of s. 706.02 and in addition sets forth th…
Wis. Stat. § 704.05 Rights and duties of landlord and tenant in absence of written agreement to contrary
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704.05 Rights and duties of landlord and tenant in absence of written agreement to contrary. (1) WHEN SECTION APPLICABLE. So far as applicable, this section governs the rights and duties of the landlord and tenant in the absence of any inconsistent provision in writing signed by …
Wis. Stat. § 704.055 Disposition of personalty left by trespasser
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704.055 Disposition of personalty left by trespasser.
Wis. Stat. § 704.06 Water heater thermostat settings
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704.06 Water heater thermostat settings.
Wis. Stat. § 704.07 Repairs; untenantability
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704.07 Repairs; untenantability.
Wis. Stat. § 704.08 Check-in sheet
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704.08 Check-in sheet.
Wis. Stat. § 704.085 Credit and background checks
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704.085 Credit and background checks.
Wis. Stat. § 704.09 Transferability; effect of assignment or transfer; remedies
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704.09 Transferability; effect of assignment or transfer; remedies.
Wis. Stat. § 704.10 Electronic delivery
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704.10 Electronic delivery.
Wis. Stat. § 704.11 Lien of landlord
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704.11 Lien of landlord.
Wis. Stat. § 704.13 Acts of tenant not to affect rights of landlord
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704.13 Acts of tenant not to affect rights of landlord.
Wis. Stat. § 704.14 Notice of domestic abuse protections
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704.14 Notice of domestic abuse protections.
Wis. Stat. § 704.15 Requirement that landlord notify tenant of automatic renewal clause
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704.15 Requirement that landlord notify tenant of automatic renewal clause.
Wis. Stat. § 704.16 Termination of tenancy for imminent threat of serious physical harm; changing locks
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704.16 Termination of tenancy for imminent threat of serious physical harm; changing locks.
Wis. Stat. § 704.165 Termination of tenancy at death of tenant
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704.165 Termination of tenancy at death of tenant.
Wis. Stat. § 704.17 Notice terminating tenancies for failure to pay rent or other breach by tenant
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704.17 Notice terminating tenancies for failure to pay rent or other breach by tenant. Cross-reference: See also ch. ATCP 134, Wis. adm. code.
Wis. Stat. § 704.19 Notice necessary to terminate periodic tenancies and tenancies at will
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704.19 is necessary to terminate such a periodic tenancy. (3) ASSIGNMENT. An assignment by the tenant of a leasehold interest which has an unexpired period of more than one year is not enforceable against the assignor unless the assignment is in writing reasonably identifying the…
Wis. Stat. § 704.21 Manner of giving notice
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704.21 (5). (8) EFFECT OF NOTICE. If a notice is given as required by this section, the tenant is not entitled to possession or occupancy of the premises after the date of termination as specified in the notice. History: 1993 a. 486; 1995 a. 225; 2001 a. 103; 2007 a. 184; 2015 a.…
Wis. Stat. § 704.22 Service of process in residential tenancy on nonresident party
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704.22 Service of process in residential tenancy on nonresident party. (1) A party to a residential tenancy in this state who is not a resident of this state shall designate an agent to accept service of process in this state for an action involving the tenancy. The agent shall b…
Wis. Stat. § 704.23 Removal of tenant on termination of tenancy
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704.23 Removal of tenant on termination of tenancy. If a tenant remains in possession without consent of the tenant’s landlord after termination of the tenant’s tenancy, the landlord may in every case proceed in any manner permitted by law to remove the tenant and recover damages…
Wis. Stat. § 704.25 Effect of holding over after expiration of lease; removal of tenant
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704.25 Effect of holding over after expiration of lease; removal of tenant. (1) REMOVAL AND RECOVERY OF DAMAGES. If a tenant holds over after expiration of a lease, the landlord may in every case proceed in any manner permitted by law to remove the tenant and recover damages for …
Wis. Stat. § 704.27 Damages for failure of tenant to vacate at end of lease or after notice
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704.27 Damages for failure of tenant to vacate at end of lease or after notice. If a tenant remains in possession without consent of the tenant’s landlord after expiration of a lease or termination of a tenancy by notice given by either the landlord or the tenant, or after termin…
Wis. Stat. § 704.28 Withholding from and return of security deposits
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704.28 Withholding from and return of security deposits. (1) STANDARD WITHHOLDING PROVISIONS. When a landlord returns a security deposit to a tenant after the tenant vacates the premises, the landlord may withhold from the full amount of the security deposit only amounts reasonab…
Wis. Stat. § 704.29 Recovery of rent and damages by landlord; mitigation
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704.29 Recovery of rent and damages by landlord; mitigation. (1) SCOPE OF SECTION. If a tenant unjustifiably removes from the premises prior to the effective date for termination of the tenant’s tenancy and defaults in payment of rent, or if the tenant is removed for failure to p…
Wis. Stat. § 704.31 Remedy on default in long terms; improvements
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704.31 Remedy on default in long terms; improvements. (1) If there is a default in the conditions in any lease or a breach of the covenants thereof and such lease provides for a term of 30 years or more and requires the tenant to erect or construct improvements or buildings upon …
Wis. Stat. § 704.40 Remedies available when tenancy dependent upon life of another terminates
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704.40 Remedies available when tenancy dependent upon life of another terminates. (1) Any person occupying premises as tenant of the owner of a life estate or any person owning an estate for the life of another, upon cessation of the measuring life, is liable to the owner of the …
Wis. Stat. § 704.44 Residential rental agreement that contains certain provisions is void
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704.44 Residential rental agreement that contains certain provisions is void. Notwithstanding s. 704.02, a residential rental agreement is void and unenforceable if it does any of the following: (1m) Allows a landlord to do any of the following because a tenant has contacted an e…
Wis. Stat. § 704.45 Retaliatory conduct in residential tenancies prohibited
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704.45 Retaliatory conduct in residential tenancies prohibited. (1) Except as provided in sub. (2), a landlord in a residential tenancy may not increase rent, decrease services, bring an action for possession of the premises, refuse to renew a lease or threaten any of the foregoi…
Wis. Stat. § 704.50 Disclosure duty; immunity for providing notice about the sex offender registry
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704.50 Disclosure duty; immunity for providing notice about the sex offender registry. (1) Except as provided in sub. (2), a landlord or his or her agent has no duty to dis- May 22, 2026, are designated by NOTES. (Published 5-22-26) 13 Updated 23-24 Wis. Stats. close to any perso…
Wis. Stat. § 704.90 Self-service storage facilities
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704.90 Self-service storage facilities. (1) DEFINITIONS. In this section: (a) “Default” means the lessee fails to pay rent or other charges due under a rental agreement for a period of 7 consecutive days after the due date under the rental agreement. (am) “Last-known address” mea…
Wis. Stat. § 704.95 Practices regulated by the department of agriculture, trade and consumer protection
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704.95 Practices regulated by the department of agriculture, trade and consumer protection. Practices in violation of s. 704.28 or 704.44 may also constitute unfair methods of competition or unfair trade practices under s. 100.20. However, the department of agriculture, trade and…
Wis. Stat. § 704.96 Campground occupants and guests
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704.96 Campground occupants and guests. (1) This chapter does not apply to an occupant, guest, or guest of an occupant or guest of a campground or camping resort licensed under s. 97.67. (2) This section does not affect rights related to individuals in 16 a manufactured and mobil…