Chapter 704, LANDLORD AND TENANT

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…

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…

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…

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 …

704.055 Disposition of personalty left by trespasser. (1) DEFINITION. In this section, “trespasser” means a person who is not a tenant and who enters or remains in residential rental property without the consent of the landlord or another person lawfully on the property. (2) AT T…

704.06 Water heater thermostat settings. A landlord of premises which are subject to a residential tenancy and served by a water heater serving only that premises shall set the thermostat of that water heater at no higher than 125 degrees Fahrenheit before any new tenant occupies…

704.07 Repairs; untenantability. (1) APPLICATION OF SECTION. This section applies to any nonresidential tenancy if there is no contrary provision in writing signed by both parties and to all residential tenancies. An agreement to waive the requirements of this section in a reside…

704.08 Check-in sheet. A landlord shall provide to a new residential tenant when the tenant commences his or her occupancy of the premises a check-in sheet that the tenant may use to make comments, if any, about the condition of the premises. The tenant shall be given 7 days from…

704.085 Credit and background checks. (1) (a) Except as provided under par. (b), a landlord may require a prospective tenant to pay the landlord’s actual cost, up to $25, to obtain a consumer credit report on the prospective tenant from a consumer credit reporting agency that com…

704.09 Transferability; effect of assignment or transfer; remedies. (1) TRANSFERABILITY OF INTEREST OF TENANT OR LANDLORD. A tenant under a tenancy at will or any periodic tenancy less than year-to-year may not assign or sublease except with the agreement or consent of the landlo…

704.10 Electronic delivery. A rental agreement may include a provision that permits the landlord to provide and indicate agreement by electronic means any of the following: (1) A copy of the rental agreement and any document related to the rental agreement. (2) A security deposit…

704.11 Lien of landlord. Except as provided in ss. 704.90 and 779.43 or by express agreement of the parties, the landlord has no right to a lien on the property of the tenant; the commonlaw right of a landlord to distrain for rent is abolished. History: 1979 c. 32 s. 92 (9); 1987…

704.13 Acts of tenant not to affect rights of landlord. No act of a tenant in acknowledging as landlord a person other than the tenant’s original landlord or the latter’s successors in interest can prejudice the right of the original landlord or the original landlord’s successors…

704.14 Notice of domestic abuse protections. A residential rental agreement shall include the following notice in the agreement or in an addendum to the agreement: NOTICE OF DOMESTIC ABUSE PROTECTIONS (1) As provided in section 106.50 (5m) (dm) of the Wisconsin statutes, a tenant…

704.15 Requirement that landlord notify tenant of automatic renewal clause. A provision in a lease of residential property that the lease shall be automatically renewed or extended for a specified period unless the tenant or either party gives notice to the contrary prior to the …

704.16 Termination of tenancy for imminent threat of serious physical harm; changing locks.

704.165 Termination of tenancy at death of tenant. (1) (a) Except as provided in par. (b), if a residential tenant dies, his or her tenancy is terminated on the earlier of the following: 1. Sixty days after the landlord receives notice, is advised, or otherwise becomes aware of t…

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.

704.19 Notice necessary to terminate periodic tenancies and tenancies at will. (1) SCOPE OF SECTION. The following types of tenancies, however created, are subject to this section: (a) A periodic tenancy, whether a tenancy from year-to-year, from month-to-month, or for any other …

704.21 Manner of giving notice. (1) NOTICE BY LANDLORD. Notice by the landlord or a person in the landlord’s behalf must be given under this chapter by one of the following methods: (a) By giving a copy of the notice personally to the tenant or by leaving a copy at the tenant’s u…

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…

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…

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 …

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…

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…

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…

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 …

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 …

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…

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…

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 disclose to any person in connection with the rental of real property any information related to the fact that …

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…

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…

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 a manufactured and mobile h…