2009 WISCONSIN ACT 323
An Act to create 704.165 of the statutes; relating to: termination of tenancy at death.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
704.165 of the statutes is created to read:
704.165 Termination of tenancy at death of tenant. (1) (a) Except as provided in par. (b), if a residential tenant dies, his or her tenancy is terminated on the earlier of the following:
1. Sixty days after the landlord receives notice, is advised, or otherwise becomes aware of the tenant's death.
2. The expiration of the term of the rental agreement.
(b) Notwithstanding s. 704.19, in the case of the death of a residential periodic tenant or tenant at will, the tenancy is terminated 60 days after the landlord receives notice, is advised, or otherwise becomes aware of the tenant's death.
(2) The deceased tenant or his or her estate is not liable for any rent after the termination of his or her tenancy. Any liability of the deceased tenant or his or her estate for rent under this subsection is subject to the landlord's duty to mitigate damages as provided in s. 704.29 (2).
(3) Nothing in this section relieves another adult tenant of the deceased tenant's premises from any obligation under a rental agreement or any other liability to the landlord.
(4) A landlord under this section may not contact or communicate with a member of the deceased tenant's family for the purpose of obtaining from the family member rent for which the family member has no liability.
(1) This act first applies to tenancies and rental agreements that are entered into on the effective date of this subsection.