Cal. Civ. Code § 704.25
Effect of holding over after expiration of lease; removal of tenant.
Operative Text
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 such holding over. (2) Creation of periodic tenancy by holding over. (a) Nonresidential leases for a year or longer. If premises are leased for a year or longer primarily for other than private residential purposes, and the tenant holds over after expiration of the lease, the landlord may elect to hold the tenant on a year-to-year basis. (b) All other leases. If premises are leased for less than a year for any use, or if leased for any period primarily for private residential purposes, and the tenant holds over after expiration of the lease, the landlord may elect to hold the tenant on a month-to-month basis; but if such lease provides for a weekly or daily rent, the landlord may hold the tenant only on the periodic basis on which rent is computed. (c) When election takes place. Acceptance of rent for any period after expiration of a lease or other conduct manifesting the landlord’s intent to allow the tenant to remain in possession after the expiration date constitutes an election by the landlord under this section unless the landlord has already commenced proceedings to remove the tenant. (3) Terms of tenancy created by holding over. A periodic tenancy arising under this section is upon the same terms and conditions as those of the original lease except that any right of the tenant to renew or extend the lease, or to purchase the premises, or any restriction on the power of the landlord to sell without first offering to sell the premises to the tenant, does not carry over to such a tenancy. (4) Effect of contrary agreement. This section governs except as the parties agree otherwise either by the terms of the lease itself or by an agreement at any subsequent time. (5) Holdover by assignee or subtenant. If an assignee or subtenant holds over after the expiration of the lease, the landlord may either elect to: (a) Hold the assignee or subtenant or, if he or she participated in the holding over, the original tenant as a periodic tenant under sub. (2); or (b) Remove any person in possession and recover damages from the assignee or subtenant or, if the landlord has not been accepting rent directly from the assignee or subtenant, from the original tenant. (6) Notice terminating a tenancy created by holding over. Any tenancy created pursuant to this section is terminable under s. 704.19.
Wisconsin Statute § 704.25 governs what happens when a tenant remains in a rental unit after their lease has ended without a new agreement in place. Depending on the type and length of the original lease, the landlord may choose to either pursue removal of the tenant and seek damages, or to treat the continued occupancy as the start of a new periodic tenancy—typically month-to-month for residential leases. If the landlord accepts rent or otherwise signals that the tenant may stay, that conduct is treated as an election to create a new tenancy, and the new tenancy carries forward most of the original lease terms, with certain exceptions such as purchase options or renewal rights.
Plain English — not legal advice.
Under Wis. Stat. § 704.25, property owners and managers who discover a tenant remaining after lease expiration face a meaningful choice: pursue removal and damages, or accept the holdover as the beginning of a new periodic tenancy. Operators who accept rent or otherwise allow continued occupancy after the lease end date are generally treated as having elected to create a new tenancy, so acting promptly and consistently is important. Compliant operators typically document their intent clearly—either by commencing removal proceedings before accepting any post-expiration rent, or by formalizing a new rental agreement—and they ensure that any holdover tenancy created under § 704.25 is terminated in accordance with the notice requirements of Wis. Stat. § 704.19.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wis. Stat. § 704.25 provides that a residential tenant who remains after a lease expires may, depending on the landlord's actions, find themselves in a new month-to-month tenancy rather than immediately subject to removal. If a landlord accepts rent after the lease ends, that acceptance is generally treated as an election to continue the tenancy on a periodic basis under the same terms as the original lease, with limited exceptions. Tenants in this situation may wish to review the statute's provisions carefully, consult a tenant-rights organization familiar with Wisconsin law, or seek legal guidance to understand how § 704.25 applies to their circumstances and what notice would be required to end any tenancy that has been created.
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