Cal. Civ. Code § 704.31
Remedy on default in long terms; improvements.
Operative Text
704.31 Remedy on default in long terms; improvements. (1) If there is a default in the conditions in any lease or a breach of the covenants thereof and such lease provides for a term of 30 years or more and requires the tenant to erect or construct improvements or buildings upon the land demised at the tenant’s own cost and exceeding in value the sum of $50,000, and such improvements have been made and the landlord desires to terminate the lease and recover possession of the property described therein freed from all liens, claims or demands of such lessee, the landlord may, in case of any breach or default, commence an action against the tenant and all persons claiming under the tenant to recover the possession of the premises leased and proceed in all respects as if the action was brought under the statute to foreclose a mortgage upon real estate, except that no sale of the premises shall be ordered. (2) The judgment shall determine the breach or default complained of, fix the amount due the landlord at such time, and state the several amounts to become due within one year from the entry thereof, and provide that unless the amount adjudged to be due from the tenant, with interest thereon as provided in the lease or by law, shall be paid to the landlord within one year from the entry thereof and the tenant shall, within such period, fully comply with the judgment requiring the tenant to make good any default in the conditions of the lease, that the tenant and those claiming under the tenant shall be forever barred and foreclosed of any title or interest in the premises described in the lease and that in default of payment thereof within one year from the entry of the judgment the tenant shall be personally liable for the amount thereof. During the one-year period ensuing the date of the entry of the judgment the possession of the demised premises shall remain in the tenant and the tenant shall receive the rents, issues and profits thereof; but if the tenant fails to comply with the terms of the judgment and the same is not fully satisfied, and refuses to surrender the possession of the demised premises at the expiration of said year, the landlord shall be entitled to a writ of assistance or execution to be issued and executed as provided by law. (3) This section does not apply to a lease to which a local professional baseball park district created under subch. III of ch. 229 or the Fox River Navigational System Authority is a party.
Wisconsin Statute § 704.31 establishes a special legal process for landlords seeking to terminate long-term leases—those running 30 years or more—where the tenant was required to construct improvements worth more than $50,000 on the leased land and has done so. When a tenant defaults or breaches such a lease, the landlord may bring a court action modeled on mortgage foreclosure proceedings, but without any sale of the property. If the court finds a breach, the tenant receives a one-year window to cure the default and satisfy the judgment; failure to do so results in the tenant losing all title or interest in the premises, and the landlord may then seek a writ of assistance to recover possession. This section does not apply to leases involving a local professional baseball park district or the Fox River Navigational System Authority.
Plain English — not legal advice.
Under Wis. Stat. § 704.31, operators of long-term ground leases of 30 years or more—where the tenant has constructed improvements exceeding $50,000—have access to a foreclosure-style court action when a tenant defaults. A compliant and prepared landlord typically documents the lease terms, the improvements made, and the nature of the breach before initiating this specialized action, since the court will fix amounts due and set conditions the tenant must meet within one year. If the tenant fails to satisfy the judgment within that period and refuses to vacate, the landlord may pursue a writ of assistance or execution to recover possession of the property.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wis. Stat. § 704.31 provides important protections for tenants in qualifying long-term leases: even after a landlord initiates this foreclosure-style action, the tenant retains possession of the premises and continues to collect rents and profits during the full one-year period following the court's judgment. During that year, the tenant has the opportunity to cure the default, pay amounts found due, and comply with the judgment's terms in order to preserve their interest in the property. Tenants facing such an action may benefit from reviewing the specific judgment terms carefully and consulting a tenant-rights organization or legal aid service familiar with commercial lease disputes in Wisconsin.
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.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
Rules and statutes that cite this regulation