Cal. Civ. Code § 943.215
Absconding without paying rent.
Operative Text
943.215 Absconding without paying rent. (1) Whoever having obtained the tenancy, as defined in s. 704.01 (4), of residential property he or she is entitled to occupy, intentionally absconds without paying all current and past rent due is guilty of a Class A misdemeanor. (2) A person has a defense to prosecution under sub. (1) if he or she has provided the landlord with a security deposit that equals or exceeds the amount that the person owes the landlord regarding rent and damage to property. (3) A person has a defense to prosecution under sub. (1) if, within 5 days after the day he or she vacates the rental premises, he or she pays all current and past rent due or provides to the landlord, in writing, a complete and accurate forwarding address. (4) When the existence of a defense under sub. (2) or (3) has been placed in issue by the trial evidence, the state must prove beyond a reasonable doubt that the facts constituting the defense do not exist in order to sustain a finding of guilt under sub. (1). (5) Subsection (1) does not apply to any tenant against whom a civil judgment has been entered for punitive damages because the tenant left the premises with unpaid rent.
Wisconsin Statute § 943.215 makes it a Class A misdemeanor for a tenant who has lawfully obtained a residential tenancy to intentionally leave without paying all rent owed. The law also establishes several defenses: leaving a sufficient security deposit, paying all overdue rent within five days of vacating, or providing the landlord a complete written forwarding address within that same five-day window. The provision does not apply when a civil court has already entered a punitive-damages judgment against the tenant for the same unpaid-rent departure.
Plain English — not legal advice.
Under Wis. Stat. § 943.215, a tenant's intentional departure without paying rent can constitute a criminal offense, but landlords should be aware that certain tenant actions—such as leaving an adequate security deposit or furnishing a written forwarding address within five days—serve as complete defenses to prosecution. Operators who maintain clear, written records of rent balances, security deposit amounts, and any forwarding addresses received are generally better positioned to cooperate with law enforcement if a complaint is pursued. Because § 943.215(5) bars criminal liability when a civil punitive-damages judgment has already been entered, landlords who have pursued civil remedies for the same conduct should understand how that election may affect any subsequent criminal referral.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wis. Stat. § 943.215 creates criminal exposure for tenants who intentionally vacate a residential rental without paying all rent owed, but the statute also provides meaningful defenses that tenants should be aware of. A tenant who has paid a security deposit covering the full amount owed, or who pays all outstanding rent or delivers a complete and accurate written forwarding address to the landlord within five days of vacating, has a statutory defense to prosecution under § 943.215(2) and (3). Tenants who believe they are being threatened with or subjected to criminal charges under this provision may wish to consult a tenant-rights organization or legal aid office to understand how these defenses apply to their circumstances.
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