Cal. Civ. Code § 704.40
Remedies available when tenancy dependent upon life of another terminates.
Operative Text
704.40 Remedies available when tenancy dependent upon life of another terminates. (1) Any person occupying premises as tenant of the owner of a life estate or any person owning an estate for the life of another, upon cessation of the measuring life, is liable to the owner of the reversion or remainder for the reasonable rental value of the premises for any period the occupant remains in possession after termination of the life estate. Rental value as used in this section has the same meaning as rental value defined in s. 704.27. (2) The owner of the reversion or remainder can remove the occupant in any lawful manner including eviction proceedings under ch. 799 as follows: (a) If the occupant has no lease for a term, upon terminating the occupant’s tenancy by giving notice as provided in s. 704.19; (b) If the occupant is in possession under a lease for a term, upon termination of the lease or one year after written notice to the occupant given in the manner provided by s. 704.21 whichever occurs first, except that a farm tenancy can be terminated only at the end of a rental year. (3) The occupant must promptly after written demand give information as to the nature of the occupant’s possession. If the occupant fails to do so, the reversioner or remainderman may treat the occupant as a tenant from month-to-month.
Wisconsin Statute § 704.40 addresses what happens when a tenancy is tied to someone's life — specifically, when the person whose life determined the estate's duration dies. Once that 'measuring life' ends, anyone still occupying the property owes the new owner (the holder of the reversion or remainder) fair market rent for every day they remain. The new owner may remove the occupant through lawful means, including formal eviction under Chapter 799, with the timing and notice requirements depending on whether the occupant holds a lease for a fixed term or a periodic tenancy. Occupants are also required to disclose the nature of their possession when asked in writing, or risk being treated as month-to-month tenants.
Plain English — not legal advice.
Under § 704.40, owners of a reversion or remainder who inherit control of a property after a life estate ends have defined legal tools to reclaim possession. A compliant operator generally identifies whether the occupant holds a fixed-term lease or a periodic tenancy, then issues the appropriate written notice — following § 704.19 for periodic tenancies or § 704.21 for lease-term situations — before initiating any eviction proceedings under Chapter 799. Operators also typically send a written demand for information about the occupant's possession status early in the process, since an occupant's failure to respond allows the reversioner to treat them as a month-to-month tenant under § 704.40(3).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wisconsin Statute § 704.40 establishes that tenants whose occupancy was tied to a life estate have specific rights regarding notice and timing when the measuring life ends. Depending on whether a fixed-term lease is in place, an occupant may be entitled to remain until the lease expires or for up to one year after written notice, whichever comes first, and farm tenants have additional protections tied to the end of a rental year. Tenants who receive a written demand for information about their possession under § 704.40(3) should be aware that failing to respond can affect how they are legally classified; tenant-rights organizations or legal aid services can help occupants understand what their specific tenancy type means for their situation.
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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