Wisconsin Statutes
Wis. Stat. § 704.01 (2026)
Definitions
✓ current as of July 2026
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704.01(1)(1) “Lease” means an agreement, whether oral or written, for transfer of possession of real property, or both real and personal property, for a definite period of time. A lease is for a definite period of time if it has a fixed commencement date and a fixed expiration date or if the commencement and expiration can be ascertained by reference to some event, such as completion of a building. A lease is included within this chapter even though it may also be treated as a conveyance under ch. 706. An agreement for transfer of possession of only personal property is not a lease.
704.01(2)(2) “Periodic tenant” means a tenant who holds possession without a valid lease and pays rent on a periodic basis. It includes a tenant from day-to-day, week-to-week, month-to-month, year-to-year or other recurring interval of time, the period being determined by the intent of the parties under the circumstances, with the interval between rent-paying dates normally evidencing that intent.
704.01(3)(3) “Premises” mean the property covered by the lease, including not only the realty and fixtures, but also any personal property furnished with the realty.
704.01(3m)(3m) “Rental agreement” means an oral or written agreement between a landlord and tenant, for the rental or lease of a specific dwelling unit or premises, in which the landlord and tenant agree on the essential terms of the tenancy, such as rent. “Rental agreement” includes a lease. “Rental agreement” does not include an agreement to enter into a rental agreement in the future.
704.01(5)(5) “Tenant at will” means any tenant holding with the permission of the tenant’s landlord without a valid lease and under circumstances not involving periodic payment of rent; but a person holding possession of real property under a contract of purchase or an employment contract is not a tenant under this chapter.
Notes of Decisions
Cited in 30
cases (14 in the last 5 years), 1979–2026 · leading case: Columbus Park Hous. Corp. v. City of Kenosha, 2003 WI 143 (Wis. 2003).
Columbus Park Hous. Corp. v. City of Kenosha, 2003 WI 143 (Wis. 2003). “02(6) incorporates the definition of "lease" found in Wis. Stat. § 704.01 (1). Section 704.01(1), Stats.”
Deutsches Land, Inc. v. City of Glendale, 591 N.W.2d 583 (Wis. 1999). “Wis. Stat. § 704.01 defines "lease" and several other terms in a "landlord and tenant" context.”
Grosskopf Oil, Inc. v. Winter, 457 N.W.2d 514 (Wis. Ct. App. 1990). “This definition concurs with the statutory definition found in sec. 704.01, Stats. 8 Because the plain and obvious language of sec.”
Kimesha Williams v. Dist. Council of Madison Inc., 2021 WI App 62 (Wis. Ct. App. 2021). “§ 704.01(1), (3), (3m), and (4). Williams at one point in her briefing asserts that “[c]ommon law defines” the terms “landlord” and “tenant” “extensively,” but she fails to provide a supported argument based on any common law precedent.”
Dieck v. Unified Sch. Dist. of Antigo, 458 N.W.2d 565 (Wis. Ct. App. 1990). “A lease is for a definite period of time if it has a fixed commencement date and a fixed expiration date or if the commencement and expiration can be ascertained by reference to some event, such as completion of a building.”
Burmeister v. Vondrachek, 273 N.W.2d 242 (Wis. 1979). “If a landlord-tenant relationship requires the periodic payment of rent the definition of tenancy at will given in sec. 704.01(5), Stats., would be meaningless.”
MBI Acquisition Partners, L.P. v. Chronicle Publ'g Co., 301 F. Supp. 2d 873 (W.D. Wis. 2002). “” Wis. Stat. § 704.01 . However, the parties dispute whether Jensen devoted a defined section of the warehouse space to the unprocessed returns.”
Vander Wielen v. Van Asten, 2005 WI App 220 (Wis. Ct. App. 2005). “" See Wis. Stat. § 704.01 (2) and (5) (defining quoted terms).”
Halverson v. River Falls Youth Hockey Ass'n, 593 N.W.2d 895 (Wis. Ct. App. 1999). “See §§ 704.01, and 706.01, Stats. The lease the parties discussed was undisputedly for a term of longer than one year.”
Michael F. Connor & Jane H. Connor v. Comm'r of Internal Revenue, 218 F.3d 733 (7th Cir. 2000). “” Wis. Stat. § 704.01 (1). The Connors suggest that the event by which to reference the expiration of the lease is the written notice of termination given by a party, in which case the date of termination is specified in the lease.”
Johnson v. Blackburn, 582 N.W.2d 488 (Wis. Ct. App. 1998). “Section 704.01, Stats., provides that a lease is "an agreement, whether oral or written, for transfer of possession of real property, or both real and personal property, for a definite period of time.”
Norwest Mortg., Inc. v. Waters (In Re Waters), 60 B.R. 339 (Bankr. E.D. Wis. 1986). “§ 704.01(4): "Periodic tenant" means a tenant who holds possession without a valid lease and pays rent on a periodic basis.”
— Wis. Stat. § 704.01(1) — 6 cases
Columbus Park Hous. Corp. v. City of Kenosha, 2003 WI 143 (Wis. 2003). “02(6) incorporates the definition of "lease" found in Wis. Stat. § 704.01 (1). Section 704.01(1), Stats.”
Dieck v. Unified Sch. Dist. of Antigo, 458 N.W.2d 565 (Wis. Ct. App. 1990). “A lease is for a definite period of time if it has a fixed commencement date and a fixed expiration date or if the commencement and expiration can be ascertained by reference to some event, such as completion of a building.”
Kimesha Williams v. Dist. Council of Madison Inc., 2021 WI App 62 (Wis. Ct. App. 2021). “§ 704.01(1), (3), (3m), and (4). Williams at one point in her briefing asserts that “[c]ommon law defines” the terms “landlord” and “tenant” “extensively,” but she fails to provide a supported argument based on any common law precedent.”
Koble Investments v. Elicia Marquardt, 2026 WI 19 (Wis. 2026).
Penny Powell v. Gregory E. Patten (Wis. Ct. App. 2020).
— Wis. Stat. § 704.01(2) — 7 cases
Koble Investments v. Elicia Marquardt, 2026 WI 19 (Wis. 2026).
Home Mkt. Investments, LLC v. Carol J. Barth (Wis. Ct. App. 2022).
Pleasant Valley Props. of WI, LLC v. Michelle Nelson (Wis. Ct. App. 2025).
Carl Wilson v. Leonard Reed (Wis. Ct. App. 2023).
MAZ 3 Inv. Grp. LLC v. AJ Petroleum LLC (Wis. Ct. App. 2025).
— Wis. Stat. § 704.01(3) — 1 case
Penny Powell v. Gregory E. Patten (Wis. Ct. App. 2020).
— Wis. Stat. § 704.01(3m) — 3 cases
Kimesha Williams v. Dist. Council of Madison Inc., 2021 WI App 62 (Wis. Ct. App. 2021). “§ 704.01(1), (3), (3m), and (4). Williams at one point in her briefing asserts that “[c]ommon law defines” the terms “landlord” and “tenant” “extensively,” but she fails to provide a supported argument based on any common law precedent.”
Witt Props., LLC v. Laura Schaeffer (Wis. Ct. App. 2020).
Penny Powell v. Gregory E. Patten (Wis. Ct. App. 2020).
— Wis. Stat. § 704.01(4) — 1 case
Norwest Mortg., Inc. v. Waters (In Re Waters), 60 B.R. 339 (Bankr. E.D. Wis. 1986). “§ 704.01(4): "Periodic tenant" means a tenant who holds possession without a valid lease and pays rent on a periodic basis.”
— Wis. Stat. § 704.01(5) — 6 cases
Burmeister v. Vondrachek, 273 N.W.2d 242 (Wis. 1979). “If a landlord-tenant relationship requires the periodic payment of rent the definition of tenancy at will given in sec. 704.01(5), Stats., would be meaningless.”
Norwest Mortg., Inc. v. Waters (In Re Waters), 60 B.R. 339 (Bankr. E.D. Wis. 1986). “§ 704.01(4): "Periodic tenant" means a tenant who holds possession without a valid lease and pays rent on a periodic basis.”
Sheppard v. Jensen, 2004 WI App 216 (Wis. Ct. App. 2004).
Booker Gutter v. Margaret Gutter (Wis. Ct. App. 2024).
Kirk Lewis v. Julie Bauer Burkholder (Wis. Ct. App. 2025).
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