Wisconsin Statutes
Wis. Stat. § 704.44 (2026)
Residential rental agreement that contains certain provisions is void
✓ current as of July 2026
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704.44704.44 Residential rental agreement that contains certain provisions is void. Notwithstanding s. 704.02, a residential rental agreement is void and unenforceable if it does any of the following:
704.44(1m)(1m) Allows a landlord to do any of the following because a tenant has contacted an entity for law enforcement services, health services, or safety services:
704.44(2m)(2m) Authorizes the eviction or exclusion of a tenant from the premises, other than by judicial eviction procedures as provided under ch. 799.
704.44(3m)(3m) Provides for an acceleration of rent payments in the event of tenant default or breach of obligations under the rental agreement, or otherwise waives the landlord’s obligation to mitigate damages as provided in s. 704.29.
704.44(4m)(4m) Requires payment by the tenant of attorney fees or costs incurred by the landlord in any legal action or dispute arising under the rental agreement. This subsection does not prevent a landlord or tenant from recovering costs or attorney fees under a court order under ch. 799 or 814.
704.44(5m)(5m) Authorizes the landlord or an agent of the landlord to confess judgment against the tenant in any action arising under the rental agreement.
704.44(6)(6) States that the landlord is not liable for property damage or personal injury caused by negligent acts or omissions of the landlord. This subsection does not affect ordinary maintenance obligations of a tenant under s. 704.07 or assumed by a tenant under a rental agreement or other written agreement between the landlord and the tenant.
704.44(7)(b)(b) Property damage caused by natural disasters or by persons other than the tenant or the tenant’s guests or invitees. This paragraph does not affect ordinary maintenance obligations of a tenant under s. 704.07 or assumed by a tenant under a rental agreement or other written agreement between the landlord and the tenant.
704.44(8)(8) Waives any statutory or other legal obligation on the part of the landlord to deliver the premises in a fit or habitable condition or to maintain the premises during the tenant’s tenancy.
704.44(9)(9) Allows the landlord to terminate the tenancy of a tenant based solely on the commission of a crime in or on the rental property if the tenant, or someone who lawfully resides with the tenant, is the victim, as defined in s. 950.02 (4), of that crime.
704.44(10)(10) Allows the landlord to terminate the tenancy of a tenant for a crime committed in relation to the rental property and the rental agreement does not include the notice required under s. 704.14.
704.44 AnnotationA lease that prohibited the “use of the premises for an unlawful purpose” and did not include the notice of domestic abuse protections required by s. 704.14 was void and unenforceable under sub. (10). The fact that the relevant lease provision may have been valid under s. 704.17 (3m) had no impact on whether that same provision violated the distinct requirements under sub. (10). Koble Investments v. Marquardt, 2024 WI App 26, 412 Wis. 2d 1, 7 N.W.3d 915, 22-0182.
704.44 AnnotationA provision requiring the tenant to pay for professional carpet cleaning, in the absence of negligence or improper use by the tenant, does not render a rental agreement void under sub. (8). Because routine carpet cleaning is not a statutorily-imposed obligation of a landlord, assigning this responsibility to a tenant through a contractual provision does not render a rental agreement void. OAG 4-13.
Notes of Decisions
Cited in 9
cases (8 in the last 5 years), 2020–2026 · leading case: Koble Investments v. Elicia Marquardt, 2026 WI 19 (Wis. 2026).
Koble Investments v. Elicia Marquardt, 2026 WI 19 (Wis. 2026). “§ 704.44 provides, in pertinent part: “Notwithstanding s.”
Kimesha Williams v. Dist. Council of Madison Inc., 2021 WI App 62 (Wis. Ct. App. 2021). “§ 704.44(2m) (rental agreement void if it allows eviction outside statutory procedures).”
Koble Investments v. Elicia Marquardt (Wis. Ct. App. 2024). “§ 704.44(10) and WIS. ADMIN. CODE § ATCP 134.”
Brandon Henchey v. Wausau Landmark Corp. (Wis. Ct. App. 2023). “§ 704.44, [paragraph 4 of the rental agreement] does little more than incorporate WIS.”
Merrill Park LLC v. Party Sealed by Judge Morales-42 (Wis. Ct. App. 2026). “That statute provides that any residential lease is void and unenforceable if it “[a]uthorizes the eviction or exclusion of a tenant from the premises, other than by judicial eviction procedures as provided under [WIS.”
Hous. Auth. of the City of Milwaukee v. Party Sealed by Judge Morales-42 (Wis. Ct. App. 2026). “That statute provides that any residential lease is void and unenforceable if it “[a]uthorizes the eviction or exclusion of a tenant from the premises, other than by judicial eviction procedures as provided under ch.”
Tree Lane Apts., LLC v. Pamela Windom (Wis. Ct. App. 2020). “§ 704.44(10).2 The circuit court judge in each case denied the motion for relief and both former tenants appeal.”
H&J Props., LLC v. Jon Mark (Wis. Ct. App. 2022). “§§ 704.44 and 704.45 by increasing his rent in retaliation for Mark calling the health department.”
Dessa Bearden v. Wisconsin Dep't of Agric., Trade, & Consum. Prot. (Wis. Ct. App. 2025). “§ 704.44, bars the same lease terms as WIS.”
— Wis. Stat. § 704.44(10) — 3 cases
Koble Investments v. Elicia Marquardt, 2026 WI 19 (Wis. 2026). “§ 704.44 provides, in pertinent part: “Notwithstanding s.”
Koble Investments v. Elicia Marquardt (Wis. Ct. App. 2024). “§ 704.44(10) and WIS. ADMIN. CODE § ATCP 134.”
Tree Lane Apts., LLC v. Pamela Windom (Wis. Ct. App. 2020). “§ 704.44(10).2 The circuit court judge in each case denied the motion for relief and both former tenants appeal.”
— Wis. Stat. § 704.44(2m) — 3 cases
Kimesha Williams v. Dist. Council of Madison Inc., 2021 WI App 62 (Wis. Ct. App. 2021). “§ 704.44(2m) (rental agreement void if it allows eviction outside statutory procedures).”
Merrill Park LLC v. Party Sealed by Judge Morales-42 (Wis. Ct. App. 2026). “That statute provides that any residential lease is void and unenforceable if it “[a]uthorizes the eviction or exclusion of a tenant from the premises, other than by judicial eviction procedures as provided under [WIS.”
Hous. Auth. of the City of Milwaukee v. Party Sealed by Judge Morales-42 (Wis. Ct. App. 2026). “That statute provides that any residential lease is void and unenforceable if it “[a]uthorizes the eviction or exclusion of a tenant from the premises, other than by judicial eviction procedures as provided under ch.”
— Wis. Stat. § 704.44(3m) — 1 case
Koble Investments v. Elicia Marquardt, 2026 WI 19 (Wis. 2026). “§ 704.44 provides, in pertinent part: “Notwithstanding s.”
— Wis. Stat. § 704.44(8) — 1 case
Koble Investments v. Elicia Marquardt, 2026 WI 19 (Wis. 2026). “§ 704.44 provides, in pertinent part: “Notwithstanding s.”
— Wis. Stat. § 704.44(9) — 2 cases
Brandon Henchey v. Wausau Landmark Corp. (Wis. Ct. App. 2023). “§ 704.44, [paragraph 4 of the rental agreement] does little more than incorporate WIS.”
Koble Investments v. Elicia Marquardt (Wis. Ct. App. 2024). “§ 704.44(10) and WIS. ADMIN. CODE § ATCP 134.”
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