Wisconsin Subletting, Lease Endings & Tenant Death
Wisconsin rules on subletting, lease endings & tenant death for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: A tenant with a tenancy at will or a periodic tenancy shorter than year-to-year (such as month-to-month) may not assign or sublet without the landlord's agreement or consent. Wis. Stat. § 704.09(1), (5)
The rules in Wisconsin
| Subletting | A tenant with a tenancy at will or a periodic tenancy shorter than year-to-year (such as month-to-month) may not assign or sublet without the landlord's agreement or consent. Other tenants (for example, under a fixed-term lease) may transfer their interest unless the lease expressly restricts it. Consent to one transfer is not consent to later transfers. Unless released, the original tenant remains liable on the lease after a transfer (§ 704.09(2)). Source: Wis. Stat. § 704.09(1), (5) |
|---|---|
| When the lease ends | An automatic renewal or extension clause in a residential lease cannot be enforced against the tenant unless the landlord gives separate written notice of it 15 to 30 days before the tenant's deadline to give notice. If a residential tenant holds over after the lease expires, the landlord may remove the tenant or choose to treat the tenant as month-to-month on the same terms (accepting rent counts as that choice). If the tenant stays without consent, the landlord may recover damages of at least twice the daily rental value for each day of holdover. |
| If a tenant dies | When a residential tenant dies, the tenancy ends on the earlier of 60 days after the landlord learns of the death or the end of the lease term; a month-to-month or at-will tenancy ends 60 days after the landlord learns of the death. The tenant's estate owes no rent after that, subject to the landlord's duty to reduce its losses, and other adult tenants remain bound. The landlord may not contact the tenant's family to collect rent they do not owe. Source: Wis. Stat. § 704.165 |
Wisconsin vs. neighboring states
| State | Subletting | When the lease ends | If a tenant dies |
|---|---|---|---|
| Wisconsin | A tenant with a tenancy at will or a periodic tenancy shorter than year-to-year (such as month-to-month) may not assign or sublet without the landlord's agreement or consent. Other tenants (for example, under a fixed-term lease) may transfer their interest unless the lease expressly restricts it. Consent to one transfer is not consent to later transfers. Wis. Stat. § 704.09(1), (5) | An automatic renewal or extension clause in a residential lease cannot be enforced against the tenant unless the landlord gives separate written notice of it 15 to 30 days before the tenant's deadline to give notice. If a residential tenant holds over after the lease expires, the landlord may remove the tenant or choose to treat the tenant as month-to-month on the same terms (accepting rent counts as that choice). If the tenant stays without consent, the landlord may recover damages of at least twice the daily rental value for each day of holdover. Wis. Stat. §§ 704.15, 704.25, 704.27; Wis. Admin. Code ATCP 134.09(3) | When a residential tenant dies, the tenancy ends on the earlier of 60 days after the landlord learns of the death or the end of the lease term; a month-to-month or at-will tenancy ends 60 days after the landlord learns of the death. The tenant's estate owes no rent after that, subject to the landlord's duty to reduce its losses, and other adult tenants remain bound. The landlord may not contact the tenant's family to collect rent they do not owe. Wis. Stat. § 704.165 |
| Illinois | Not verified yet | According to the Illinois Attorney General, a landlord must give written notice to end a tenancy: 30 days for a month-to-month tenancy and 60 days for a year-to-year lease, and need not give a reason. Rent cannot be raised during a fixed-term lease; for month-to-month tenancies the landlord must give 30 days' notice of a rent increase (7 days for week-to-week). Illinois Attorney General, Landlord and Tenant Rights and Laws (fact sheet, 01/24), p. 2 | Not verified yet |
| Iowa | Iowa has no state law that sets a rule on subletting or assigning a residential lease, such as requiring the landlord's consent. Iowa Code chs. 562A and 562 (reviewed) | Either side may end a month-to-month tenancy with written notice at least 30 days before the rental date, and a tenancy longer than month-to-month with written notice at least 30 days before the end of the term. If a tenant stays without the landlord's consent after the lease ends, the landlord may sue for possession and, if the holdover is willful and not in good faith, recover actual damages and attorney fees. If the landlord consents to the tenant staying, the tenancy becomes month-to-month. Iowa's general landlord-tenant chapter also makes a tenant who willfully holds over after the term and after notice to quit liable for double the rental value. Iowa Code §§ 562A.34, 562A.9(5), 562.2 | Not verified yet |
| Michigan | Not verified yet | A tenancy at will or by sufferance can be ended by either party with one month's notice (or notice equal to the rent interval if rent is paid more often than every 3 months), and a landlord may end it for nonpayment with a written 7-day notice to quit. A year-to-year tenancy ends one year after a notice to quit is served. MCL 554.134 | Michigan's anti-lockout law lets a landlord take back a unit after a sole tenant's death without a court order only by following a specific procedure: among other things, the landlord must have given the tenant written notice of the option to name an authorized contact, rent must be unpaid, the landlord must believe in good faith that the tenant has been dead at least 18 days with no surviving tenant, the required notices must be given, and no probate estate may have been opened. Otherwise the usual rules against self-help apply. MCL 600.2918(3)(d) |
| Minnesota | Not verified yet | For an automatic-renewal clause in a lease of two months or more that renews the lease for two months or more unless the tenant gives notice, the landlord can enforce it only by giving the tenant written notice calling attention to the clause, served personally or by certified mail 15 to 30 days before the tenant's notice deadline (Minn. Stat. §504B.145). When a tenant stays after the lease expires without the landlord's express agreement, the only tenancy implied is for the shortest interval between rent payments under the expired lease (§504B.141). A tenant who holds over after the lease term can be evicted (§504B.285, subd. 1). Minn. Stat. §§504B.145, 504B.141, 504B.285 subd. 1 | When the tenant dies (or all tenants die), either the landlord or the personal representative of the tenant's estate may end a residential lease (other than a lease at will) early with at least two months' written notice, effective on the last day of a calendar month, delivered by hand or first-class mail (the landlord may mail it to the unit). The estate still owes rent and other sums due before and during the notice period and the cost of restoring the unit beyond ordinary wear and tear. Lease clauses waiving this right or requiring longer notice are void. Minn. Stat. §504B.265 |
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Compare subletting, lease endings & tenant death in all 50 states and DC →
Wisconsin Subletting, Lease Endings & Tenant Death FAQ
Can I sublet my apartment in Wisconsin?
A tenant with a tenancy at will or a periodic tenancy shorter than year-to-year (such as month-to-month) may not assign or sublet without the landlord's agreement or consent. Other tenants (for example, under a fixed-term lease) may transfer their interest unless the lease expressly restricts it. Consent to one transfer is not consent to later transfers. (Wis. Stat. § 704.09(1), (5))
What happens when my lease ends in Wisconsin?
An automatic renewal or extension clause in a residential lease cannot be enforced against the tenant unless the landlord gives separate written notice of it 15 to 30 days before the tenant's deadline to give notice. If a residential tenant holds over after the lease expires, the landlord may remove the tenant or choose to treat the tenant as month-to-month on the same terms (accepting rent counts as that choice). If the tenant stays without consent, the landlord may recover damages of at least twice the daily rental value for each day of holdover. (Wis. Stat. §§ 704.15, 704.25, 704.27; Wis. Admin. Code ATCP 134.09(3))
What happens to a lease when a tenant dies in Wisconsin?
When a residential tenant dies, the tenancy ends on the earlier of 60 days after the landlord learns of the death or the end of the lease term; a month-to-month or at-will tenancy ends 60 days after the landlord learns of the death. The tenant's estate owes no rent after that, subject to the landlord's duty to reduce its losses, and other adult tenants remain bound. The landlord may not contact the tenant's family to collect rent they do not owe. (Wis. Stat. § 704.165)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.