Cal. Civ. Code § 704.09
Transferability; effect of assignment or transfer; remedies.
Operative Text
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 landlord. The interest of any other tenant or the interest of any landlord may be transferred except as the lease expressly restricts power to transfer. A lease restriction on transfer is construed to apply only to voluntary transfer unless there is an express restriction on transfer by operation of law. (2) Effect of transfer on liability of transferor. In the absence of an express release or a contrary provision in the lease, transfer or consent to transfer does not relieve the transferring party of any contractual obligations under the lease, except in the special situation governed by s. 704.25 (5). (3) Covenants which apply to transferee. All covenants and provisions in a lease which are not either expressly or by necessary implication personal to the original parties are enforceable by or against the successors in interest of any party to the lease. However, a successor in interest is liable in damages, or entitled to recover damages, only for a breach which occurs during the period when the successor holds his or her interest, unless the successor has by contract assumed greater liability; a personal representative may also recover damages for a breach for which the personal representative’s decedent could have recovered. (4) Same procedural remedies. The remedies available between the original landlord and tenant are also available to or against any successor in interest to either party. (5) Consent as affecting subsequent transfers. If a lease restricts transfer, consent to a transfer or waiver of a breach of the restriction is not a consent or waiver as to any subsequent transfers.
Wisconsin Statute § 704.09 governs how lease interests can be transferred between parties and what happens legally when such transfers occur. Tenants in month-to-month or at-will arrangements generally cannot assign or sublease without landlord consent, while other tenants and landlords may transfer their interests unless the lease expressly prohibits it. When a transfer does happen, the original party typically remains bound by the lease's contractual obligations unless expressly released, and most lease covenants carry over to successors in interest, who are liable only for breaches occurring during their period of ownership or tenancy.
Plain English — not legal advice.
Under Wis. Stat. § 704.09, property owners and managers should be aware that consenting to one transfer does not automatically waive their right to restrict future transfers — each transfer request can be evaluated independently under a lease's restriction clause. A compliant operator typically documents any consent to assignment or sublease in writing and issues an express release if they intend to relieve the original tenant of ongoing contractual obligations, since such relief does not occur automatically. Landlords who acquire a property mid-lease generally inherit the covenants and remedies of the original lease and are responsible only for breaches arising during their period of ownership.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wis. Stat. § 704.09 provides tenants with important protections and obligations when it comes to transferring a lease interest. Tenants in month-to-month or at-will arrangements should understand that subletting or assigning without landlord consent may constitute a lease violation, while tenants under longer fixed-term leases may have broader transfer rights unless the lease expressly limits them. A tenant who has assigned their lease but was not expressly released remains potentially liable for obligations under the lease, and those who believe their rights under § 704.09 have been violated may consider contacting a local tenant-rights organization or consulting with a housing attorney to understand available remedies.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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Rules and statutes that cite this regulation