Wisconsin Statutes
Wis. Stat. § 704.27 (2026)
Damages for failure of tenant to vacate at end of lease or after notice
✓ current as of July 2026
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704.27704.27 Damages for failure of tenant to vacate at end of lease or after notice. If a tenant remains in possession without consent of the tenant’s landlord after expiration of a lease or termination of a tenancy by notice given by either the landlord or the tenant, or after termination by valid agreement of the parties, the landlord shall, at the landlord’s discretion, recover from the tenant damages suffered by the landlord because of the failure of the tenant to vacate within the time required. In absence of proof of greater damages, the landlord shall recover as minimum damages twice the rental value apportioned on a daily basis for the time the tenant remains in possession. As used in this section, rental value means the amount for which the premises might reasonably have been rented, but not less than the amount actually paid or payable by the tenant for the prior rental period, and includes the money equivalent of any obligations undertaken by the tenant as part of the rental agreement, such as payment of taxes, insurance and repairs. Nothing in this section prevents a landlord from seeking and recovering any other damages to which the landlord may be entitled.
704.27 AnnotationThis section requires a minimum award of double rent when greater damages have not been proved. Vincenti v. Stewart, 107 Wis. 2d 651, 321 N.W.2d 340 (Ct. App. 1982).
704.27 Annotation“Rental value” includes only those obligations that the tenant is required to pay during a holdover period regardless of whether or not the tenant uses the premises. Univest Corp. v. General Split Corp., 148 Wis. 2d 29, 435 N.W.2d 234 (1989).
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 1979–2026 · leading case: Univest Corp. v. Gen. Split Corp., 435 N.W.2d 234 (Wis. 1989).
Univest Corp. v. Gen. Split Corp., 435 N.W.2d 234 (Wis. 1989). “General Split also seeks review from the third and most recent court of appeals’ decision, dated April 29, 1987, which summarily affirmed a trial court determination that double rental value damages for failure of a tenant to vacate, under sec. 704.27, Stats., included certain…”
Scalzo v. Anderson, 275 N.W.2d 894 (Wis. 1979). “ere occupying the premises as holdovers from the date their tenancies were terminated and further had not paid the monthly parking permit fees assessed pursuant to the City of Kenosha ordinance; (2) as a result of the appellants’ refusal to pay the delinquent parking fees, the…”
Vincenti v. Stewart, 321 N.W.2d 340 (Wis. Ct. App. 1982). “This appeal raises the issue of whether a trial court is required to award a landlord a minimum of double rent damages against a holdover tenant in an eviction action under sec. 704.27, Stats. The trial court held that the decision of whether or not to award double rent damages…”
McKean Real Est., LLC v. Nancy Marquardt (Wis. Ct. App. 2019). “§ 704.27. However, the court offset the total amount to which McKean was entitled by awarding Marquardt damages due to McKean’s failure to send to Marquardt within the required time period a security deposit accounting.”
Ashley Cordes v. Victor Trevon Gray, Jr. (Wis. Ct. App. 2023). “§ 704.27. Gray and Heeringa, however, assert that monthly rent has been paid on time for August, September, and every month thereafter pursuant to the undertaking granted to stay the writ of restitution pending appeal.”
Bryan John Knutson v. Joseph Greggory Mercer (Wis. Ct. App. 2026). “§ 704.27 (“If a tenant remains in possession without consent of the tenant’s landlord after … termination of a tenancy by notice given by … the landlord …, the landlord shall, at the landlord’s discretion, recover from the tenant damages suffered by the landlord because of the…”
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