Can a tenant sublet in Wisconsin?
In Wisconsin, a tenant at will or a periodic tenant on less than a year-to-year basis may assign or sublease only with the landlord’s agreement or consent, while any other tenant may transfer the tenant’s interest unless the lease expressly restricts it. Unless the lease says otherwise or there is an express release, a transfer or a consent to transfer does not relieve the transferring tenant of the contractual obligations under the lease, apart from one special situation the statute names. When a lease restricts transfer, consent to one transfer is not consent to later transfers. The lease can add its own conditions where the statute allows, so read the lease’s sublet clause together with this rule. This is Wis. Stat. § 704.09.
| What | Wisconsin |
|---|---|
| Subletting | Allowed unless the lease restricts it; month-to-month tenants need consent |
| Kind of rule | A right the statute gives the tenant |
Source
Wis. Stat. § 704.09
Read the statute in the Wisconsin Statutes (Wisconsin State Legislature): docs.legis.wisconsin.gov.
Checked against the statute on November 13, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
Seayora keeps every lease’s term, rent and signers in one record and dates every change to it. This page states the state’s rule so a lease’s own early-termination and sublet clauses can be checked against it before the lease is signed.
Guides on this rule
- Subletting Laws by State: When a Tenant May Sublet — Whether a tenant may sublet an apartment, the 18 states with a statute on subletting, and who owes the rent during a sublease.
Compare this rule in every state
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The same question in other states
- Alaska
- Delaware
- District of Columbia
- Georgia
- Hawaii
- Kansas
- Kentucky
- Louisiana
- Missouri
- Montana
- New Hampshire
- New York