Cal. Civ. Code § 704.44
Residential rental agreement that contains certain provisions is void.
Operative Text
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 entity for law enforcement services, health services, or safety services: (a) Increase rent. (b) Decrease services. (c) Bring an action for possession of the premises. (d) Refuse to renew a rental agreement. (e) Threaten to take any action under pars. (a) to (d). (2m) Authorizes the eviction or exclusion of a tenant from the premises, other than by judicial eviction procedures as provided under ch. 799. (3m) Provides for an acceleration of rent payments in the event of tenant default or breach of obligations under the rental agreement, or otherwise waives the landlord’s obligation to mitigate damages as provided in s. 704.29. (4m) Requires payment by the tenant of attorney fees or costs incurred by the landlord in any legal action or dispute arising under the rental agreement. This subsection does not prevent a landlord or tenant from recovering costs or attorney fees under a court order under ch. 799 or 814. (5m) Authorizes the landlord or an agent of the landlord to confess judgment against the tenant in any action arising under the rental agreement. (6) States that the landlord is not liable for property damage or personal injury caused by negligent acts or omissions of the landlord. This subsection does not affect ordinary maintenance obligations of a tenant under s. 704.07 or assumed by a tenant under a rental agreement or other written agreement between the landlord and the tenant. (7) Imposes liability on a tenant for any of the following: (a) Personal injury arising from causes clearly beyond the tenant’s control. (b) Property damage caused by natural disasters or by persons other than the tenant or the tenant’s guests or invitees. This paragraph does not affect ordinary maintenance obligations of a tenant under s. 704.07 or assumed by a tenant under a rental agreement or other written agreement between the landlord and the tenant. (8) Waives any statutory or other legal obligation on the part of the landlord to deliver the premises in a fit or habitable condition or to maintain the premises during the tenant’s tenancy. (9) Allows the landlord to terminate the tenancy of a tenant based solely on the commission of a crime in or on the rental property if the tenant, or someone who lawfully resides with the tenant, is the victim, as defined in s. 950.02 (4), of that crime. (10) Allows the landlord to terminate the tenancy of a tenant for a crime committed in relation to the rental property and the rental agreement does not include the notice required under s. 704.14.
Wisconsin Statute § 704.44 renders an entire residential rental agreement void and unenforceable if it contains any of a specific list of prohibited clauses. These forbidden provisions include terms that would allow retaliation against tenants who contact emergency or health services, permit non-judicial evictions, accelerate rent upon default, shift the landlord's attorney fees to the tenant, allow confession of judgment, waive the landlord's liability for their own negligence, impose unfair liability on tenants for injuries or property damage beyond their control, waive the landlord's duty to provide habitable premises, or allow termination of tenancy based solely on a crime where the tenant was the victim. The statute also voids agreements that permit crime-based termination without the notice required under § 704.14.
Plain English — not legal advice.
Property owners and managers operating under Wisconsin law should carefully review all lease templates to ensure none of the clauses prohibited by Wis. Stat. § 704.44 appear in their residential rental agreements. A compliant operator avoids provisions that retaliate against tenants for contacting law enforcement or health services, waive habitability obligations, shift legal costs to tenants outside of a court order, or allow self-help evictions outside of the judicial process under ch. 799. Operators also ensure that any lease clause addressing crime-related termination includes the notice language required by § 704.14 and does not target tenants who were themselves victims of a crime.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Wis. Stat. § 704.44, tenants have a significant protection: if a landlord includes any of the listed prohibited clauses in a residential lease, that agreement is void and unenforceable as a whole. This means a tenant may be able to raise the presence of such a clause—such as one waiving habitability, imposing improper fees, or retaliating for contacting emergency services—as a defense in a legal proceeding under ch. 799. Tenants who believe their lease contains a provision prohibited by § 704.44 may wish to consult a tenant-rights organization or legal aid service to understand the options available to them.
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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