Cal. Civ. Code § 704.27
Damages for failure of tenant to vacate at end of lease or after notice.
Operative Text
704.27 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.
Wisconsin Statute § 704.27 addresses what happens when a tenant stays in a rental unit after their lease has ended or after a valid notice to vacate has been given by either party. Under this rule, a landlord is entitled to recover damages for the period the tenant remains without consent, with a statutory floor of twice the daily rental value for each day the holdover continues. 'Rental value' is defined broadly to include not just base rent but also the fair-market rental rate and any monetary obligations the tenant assumed under the lease, such as taxes, insurance, or repairs. The statute also preserves the landlord's right to pursue any additional damages beyond this minimum.
Plain English — not legal advice.
Under Wis. Stat. § 704.27, operators who face a holdover tenant—one who remains after lease expiration or a valid notice period—are generally positioned to seek at least twice the daily rental value for every day the unauthorized occupancy continues. Compliant operators typically document the end date of the tenancy, any notices given, and the rental rate in effect during the prior period, since those figures establish the baseline for the minimum damages calculation. Because the statute also allows recovery of damages exceeding that minimum, landlords commonly keep records of any additional losses—such as costs tied to a delayed incoming tenant or other financial harm—that may support a claim beyond the statutory floor.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wis. Stat. § 704.27 creates significant financial exposure for tenants who remain in a unit after their lease ends or after a proper notice to vacate has been served, since the law sets a minimum damages amount of twice the daily rental value for each day of holdover. Tenants who believe a notice was improperly given, that the landlord consented to continued occupancy, or that the rental value calculation is disputed may have grounds to raise those issues as defenses in any legal proceeding brought under this provision. Tenant-rights organizations and legal aid services in Wisconsin can help individuals understand how this statute applies to their circumstances and what options may be available to them.
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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