Cal. Civ. Code § 704.165
Termination of tenancy at death of tenant.
Operative Text
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.
Wisconsin Statute § 704.165 establishes what happens to a residential tenancy when a tenant dies. The tenancy ends either 60 days after the landlord learns of the death or at the natural expiration of the lease term, whichever comes first. After that termination date, the deceased tenant's estate owes no further rent, though the landlord is still required to make reasonable efforts to re-rent the unit to limit losses. Other adult tenants sharing the unit remain bound by the lease, and landlords are prohibited from contacting the deceased tenant's family members to collect rent that those family members do not legally owe.
Plain English — not legal advice.
Under Wis. Stat. § 704.165, compliant operators track the date they first receive notice or become aware of a residential tenant's death, since that date starts the 60-day clock for tenancy termination. Operators generally document that date carefully, continue efforts to mitigate damages by seeking a replacement tenant as required under § 704.29(2), and refrain from billing or contacting the deceased tenant's family members for rent they do not personally owe. Any remaining adult co-tenants on the lease retain their full obligations, so operators typically communicate with those individuals separately regarding ongoing rent responsibilities.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wis. Stat. § 704.165 provides important protections for the estates and families of deceased tenants in Wisconsin. If you are managing the estate of a deceased tenant, the estate's rent liability ends no later than 60 days after the landlord became aware of the death, and the landlord is required to take reasonable steps to re-rent rather than simply accumulate charges. Family members who were not on the lease have no legal obligation to pay rent under this provision, and if a landlord contacts family members to collect such rent, that conduct is prohibited — tenant-rights organizations or a local legal aid office can provide information about how such violations are generally addressed.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation