Cal. Civ. Code § 895.489
Civil liability exemption; tenancy references.
Operative Text
895.489 Civil liability exemption; tenancy references. (1) In this section: (a) “Reference” means a written or oral statement about the rental performance of an applicant for tenancy and may include statements about the applicant’s payment history, conformance to rental agreement requirements, or conformance to local and state laws; factual statements regarding any rental agreement enforcement actions, including notices given under s. 704.17, 704.19, or 710.15 (5r); and factual statements about any dispute settlement between the landlord and applicant in accordance with any agreement between the landlord and applicant relating to termination of the applicant’s tenancy. (b) “Tenant” means a residential tenant, regardless of the type of tenancy or rental period. (2) A landlord who, on the request of a prospective landlord of an applicant for tenancy or on the request of the applicant for tenancy, provides a reference to the prospective landlord is presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, is immune from all civil liability that may result from providing that reference. The presumption of good faith under this subsection may be rebutted only upon a showing by clear and convincing evidence that the landlord knowingly provided false information in the reference or made the reference maliciously.
Wisconsin Statute § 895.489 establishes a civil liability shield for landlords who provide rental references about former or current tenants. When a landlord shares a reference—whether written or oral—at the request of a prospective landlord or the applicant themselves, the law presumes the landlord acted in good faith. That presumption can only be overcome if someone proves by clear and convincing evidence that the landlord knowingly provided false information or acted with malice.
Plain English — not legal advice.
Under Wis. Stat. § 895.489, landlords who respond to reference requests from prospective landlords or applicants generally enjoy a strong legal presumption of good faith, shielding them from civil liability. Compliant operators typically ensure that references are factually accurate, covering items such as payment history, lease compliance, and any notices issued under the referenced statutes. Knowingly false statements or malicious references fall outside the statute's protection, so maintaining honest, documented records of a tenant's rental performance supports the integrity of any reference given.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wis. Stat. § 895.489 governs what a former landlord may say about you when providing a rental reference, and it grants that landlord a presumption of good faith immunity from civil liability. However, the statute does not protect a landlord who knowingly provides false information or acts with malice—those actions can be challenged under the clear and convincing evidence standard the law sets out. Tenants who believe a former landlord provided a false or malicious reference may wish to consult a tenant-rights organization or legal aid provider to understand what options exist under this provision.
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