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 the tenant's death.
2. The expiration of the term of the rental agreement.
(b) Notwithstanding s. 704.19, in the case of the death of a residential periodic tenant or tenant at will, the tenancy is terminated 60 days after the landlord receives notice, is advised, or otherwise becomes aware of the tenant's death.
(2) The deceased tenant or his or her estate is not liable for any rent after the termination of his or her tenancy. Any liability of the deceased tenant or his or her estate for rent under this subsection is subject to the landlord's duty to mitigate damages as provided in s. 704.29 (2).
(3) Nothing in this section relieves another adult tenant of the deceased tenant's premises from any obligation under a rental agreement or any other liability to the landlord.
(4) A landlord under this section may not contact or communicate with a member of the deceased tenant's family for the purpose of obtaining from the family member rent for which the family member has no liability.
History: 2009 a. 323.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 704 - Landlord and tenant.
704.02 - Severability of rental agreement provisions.
704.03 - Requirement of writing for rental agreements and termination.
704.05 - Rights and duties of landlord and tenant in absence of written agreement to contrary.
704.055 - Disposition of personalty left by trespasser.
704.06 - Water heater thermostat settings.
704.07 - Repairs; untenantability.
704.085 - Credit and background checks.
704.09 - Transferability; effect of assignment or transfer; remedies.
704.13 - Acts of tenant not to affect rights of landlord.
704.14 - Notice of domestic abuse protections.
704.15 - Requirement that landlord notify tenant of automatic renewal clause.
704.16 - Termination of tenancy for imminent threat of serious physical harm; changing locks.
704.165 - Termination of tenancy at death of tenant.
704.17 - Notice terminating tenancies for failure to pay rent or other breach by tenant.
704.19 - Notice necessary to terminate periodic tenancies and tenancies at will.
704.21 - Manner of giving notice.
704.22 - Service of process in residential tenancy on nonresident party.
704.23 - Removal of tenant on termination of tenancy.
704.25 - Effect of holding over after expiration of lease; removal of tenant.
704.27 - Damages for failure of tenant to vacate at end of lease or after notice.
704.28 - Withholding from and return of security deposits.
704.29 - Recovery of rent and damages by landlord; mitigation.
704.31 - Remedy on default in long terms; improvements.
704.40 - Remedies available when tenancy dependent upon life of another terminates.
704.44 - Residential rental agreement that contains certain provisions is void.
704.45 - Retaliatory conduct in residential tenancies prohibited.
704.50 - Disclosure duty; immunity for providing notice about the sex offender registry.
704.90 - Self-service storage facilities.
704.95 - Practices regulated by the department of agriculture, trade and consumer protection.