Cal. Civ. Code § 704.02
Severability of rental agreement provisions.
Operative Text
704.02 Severability of rental agreement provisions. The provisions of a rental agreement are severable. If any provision of a rental agreement is rendered void or unenforceable by reason of any statute, rule, regulation, or judicial order, the invalidity or unenforceability of that provision does not affect other provisions of the rental agreement that can be given effect without the invalid provision.
Wisconsin Statute § 704.02 establishes that a rental agreement is treated as a collection of independent provisions rather than a single all-or-nothing contract. If a court or applicable law renders one clause void or unenforceable, the rest of the agreement remains intact and continues to govern the landlord-tenant relationship. This rule prevents an entire lease from collapsing simply because one of its terms is found to be legally invalid.
Plain English — not legal advice.
Under Wis. Stat. § 704.02, property owners and managers can take some assurance that a lease does not become entirely worthless if a single clause is struck down by a court or invalidated by a statute or regulation. Compliant operators generally review their lease templates to ensure that individual provisions stand on their own, so that the remainder of the agreement continues to function if one term is removed. Keeping lease clauses reasonably self-contained and independent supports the severability principle this section codifies.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wis. Stat. § 704.02 means that if a lease clause is found to violate Wisconsin law—such as a prohibited fee or an unlawful waiver of tenant rights—that clause can be set aside without voiding the entire rental agreement. Tenants who believe a specific lease provision is unenforceable may raise that issue as a defense in a court proceeding or consult a tenant-rights organization for general information about their options. The rest of the lease, including protections that benefit the tenant, generally remains in effect even if one problematic clause is removed.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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