1. Wisconsin’s Commercial Real Estate Market
Wisconsin’s commercial real estate market in 2026 is defined by two dynamic metro areas — Milwaukee and Madison — along with a robust network of mid-market cities (Green Bay, Appleton, Eau Claire, Racine-Kenosha) that serve the state’s manufacturing, dairy processing, and logistics industries. The state’s low unemployment, strong university pipeline, and proximity to Chicago make it an increasingly attractive alternative for tenants seeking lower occupancy costs without sacrificing access to a skilled workforce.
Milwaukee CRE Market
Milwaukee’s commercial market has transformed over the past five years, anchored by the Third Ward/Historic District renaissance and the downtown corridor along Wisconsin Avenue. Class A office space in the CBD commands $24–$34/SF gross, while the Third Ward’s creative office and mixed-use spaces range from $26–$38/SF. Industrial and flex space in the Menomonee Valley trades at $7–$12/SF NNN. Retail vacancy in the Third Ward has tightened to under 4%, making it one of the most competitive small-market retail corridors in the Midwest.
Madison CRE Market
Madison’s market is driven by the University of Wisconsin research ecosystem and a fast-growing biotech/life sciences sector. Office rents on the Capitol Square and along University Avenue range from $22–$30/SF gross. The University Research Park has seen lab and R&D space climb to $28–$42/SF NNN as biotech tenants compete for HVAC-intensive, high-spec space. Madison’s retail market — particularly the State Street corridor and Hilldale area — remains tight, with asking rents of $20–$35/SF NNN for prime locations.
2. Wis. Stat. §704.17: Termination for Breach & Notice Rules
Wisconsin’s notice-and-cure framework for commercial lease breaches is governed by Wis. Stat. §704.17, which establishes a two-tier system based on the original lease term. This distinction has significant practical consequences for tenants — it determines how much time you have to cure a rent default before the landlord can proceed with eviction.
The Two-Tier Notice System
Leases with a term of one year or less (including month-to-month periodic tenancies): The landlord must provide a 5-day written notice to cure or vacate under Wis. Stat. §704.17(2). This includes month-to-month holdover tenancies that arise after a longer lease expires.
Leases with a term exceeding one year: The landlord must provide a 30-day written notice to cure or vacate. This is one of the more generous cure periods in the Midwest — compare Illinois (10 days for nonpayment) or Iowa (3 days for nonpayment).
Critical distinction: The notice period is determined by the original lease term, not the remaining term. A tenant in month 35 of a 36-month lease still gets 30 days to cure. But once that lease expires and the tenant holds over month-to-month, the cure period drops to 5 days — a massive reduction in protection that many tenants overlook.
Real Dollar Impact — 5-Day Notice on $18,000/Month Rent:
$18,000 ÷ 30 days = $600/day
5-day cure window = $3,000 accruing during cure period
If tenant misses 5-day window: eviction filing + $4,500–$8,000 legal costs
Compare: same tenant on a multi-year lease gets 30 days to cure = $18,000 accruing, but far more time to arrange financing, negotiate, or find alternative space.
What Constitutes Proper Notice
Wisconsin courts strictly construe the notice requirements under §704.17. The notice must:
- Be in writing — oral notice is insufficient for commercial leases
- Identify the specific breach — vague references to “lease violations” will not satisfy the statute
- State the cure period — the notice must give the tenant the full statutory period to cure
- Be properly served — personal service or certified mail to the tenant’s address specified in the lease
A defective notice restarts the clock. Wisconsin courts have dismissed eviction proceedings where landlords failed to identify the specific breach or served notice to an incorrect address.
3. Abolished Landlord’s Lien: Wis. Stat. §704.11
This is one of Wisconsin’s most tenant-friendly provisions and a critical distinction from neighboring states. Wis. Stat. §704.11 abolished the common-law landlord’s lien on commercial tenant property. A Wisconsin landlord has no automatic lien on your equipment, inventory, furniture, or other personal property for unpaid rent.
What Was Abolished
At common law, landlords had an automatic lien on all tenant property located on the leased premises as security for rent. This meant a landlord could seize equipment, inventory, and fixtures without a court order. Wisconsin’s legislature eliminated this right entirely for commercial tenancies. The only surviving lien is on crops in agricultural tenancies — a nod to Wisconsin’s farming heritage.
UCC Article 9: The Only Alternative
If a Wisconsin landlord wants a security interest in tenant property, they must follow the same process as any other creditor under UCC Article 9:
- Obtain a written security agreement signed by the tenant granting a security interest in specific collateral
- File a UCC-1 financing statement with the Wisconsin Department of Financial Institutions
- Perfect the security interest through proper filing — an unperfected interest loses priority to later-filed secured creditors
Red flag: Some Wisconsin landlords include a clause in the lease granting a “contractual lien” on tenant property. While §704.11 abolished the common-law lien, a contractual security interest created by agreement and perfected under UCC Article 9 may be enforceable. Strike any lease clause granting the landlord a lien on your property, or at minimum, negotiate it down to a subordination agreement that protects your equipment lender’s priority position.
| State | Landlord’s Lien Status | Enforcement Method |
|---|---|---|
| Wisconsin | ABOLISHED | UCC Article 9 only (by agreement) |
| Texas | ACTIVE | Automatic statutory lien, self-executing |
| Florida | ACTIVE | Statutory lien, enforced via distress proceedings |
| Illinois | ABOLISHED | UCC Article 9 only (by agreement) |
| Minnesota | ABOLISHED | UCC Article 9 only (by agreement) |
4. No Self-Help Lockout: Judicial Process Required
Wisconsin law does not permit self-help eviction or lockout of commercial tenants. A landlord who changes locks, shuts off utilities, removes tenant property, or otherwise physically prevents a tenant from accessing the leased premises without a court order faces liability for actual damages, lost business income, and potentially punitive damages.
This is a stronger protection than many tenants realize. In some states (e.g., Iowa and Michigan allow “peaceable” self-help for commercial tenancies), landlords can retake possession without judicial process under certain conditions. Wisconsin requires the landlord to go through the full judicial eviction process regardless of the severity of the breach.
What Landlords Cannot Do Without a Court Order
- Change the locks or install new access controls that exclude the tenant
- Shut off utilities (electricity, water, gas, HVAC) to force the tenant out
- Remove tenant property from the premises
- Block delivery access or interfere with the tenant’s loading docks, parking, or common areas
- Refuse to make essential repairs as a coercive tactic (constructive eviction)
Tenant strategy: If your Wisconsin landlord threatens or attempts a self-help lockout, document everything (photographs, timestamps, witness statements). File for a temporary restraining order immediately. Wisconsin courts take self-help violations seriously, and your documentation will support a claim for consequential damages including lost revenue during the lockout period.
5. Holdover Tenancy: Month-to-Month Default
Under Wis. Stat. §704.25, when a commercial tenant remains in possession after the lease term expires and the landlord accepts rent, a month-to-month periodic tenancy is created on the same terms and conditions as the expired lease. Wisconsin does not impose a statutory double-rent penalty for holdover tenants — unlike Florida (§83.06, double rent on demand) or Pennsylvania (statutory holdover penalties).
Practical Implications of Holdover Status
- Rent: The holdover rent defaults to the last monthly rate under the expired lease — unless the lease specifies a contractual holdover premium
- Notice to terminate: Either party can terminate the month-to-month tenancy with 28 days’ written notice (Wis. Stat. §704.19)
- Cure period drops to 5 days: Once a multi-year lease converts to month-to-month holdover, the tenant’s cure period for nonpayment drops from 30 days to 5 days under §704.17(2)
- All other lease terms survive: Use restrictions, maintenance obligations, insurance requirements, and other covenants carry forward into the holdover period
Holdover Cost Comparison — $25/SF Lease on 5,000 SF Space:
Monthly rent = 5,000 SF × $25/SF ÷ 12 = $10,417/month
Standard holdover clause (150%): $15,625/month
Annual holdover premium: $62,500 additional cost
Negotiate a holdover cap: 120% for first 90 days, 150% thereafter, with landlord required to give written notice before holdover rates activate.
6. Unique Wisconsin Rule: Tenant’s Right to Written Lease
Wis. Stat. §704.03 contains a provision that is unique to Wisconsin and virtually unknown in most other states: if a tenant requests a written copy of the lease and the landlord fails to provide it within 15 days of the request, the tenant may terminate the lease.
How to Exercise This Right
- Make the request in writing — send a letter via certified mail, return receipt requested, to the landlord’s address specified in the lease (or their registered agent)
- Be specific: “Pursuant to Wis. Stat. §704.03, tenant hereby requests a complete written copy of the current lease agreement, including all amendments, addenda, and exhibits”
- Retain proof: Keep the certified mail receipt and a copy of the letter
- Wait 15 calendar days from the date of delivery
- If no written lease is provided: Serve a termination notice citing §704.03 as the basis for early termination
Practical use case: This provision is most valuable to tenants operating under oral leases or leases where amendments have been made verbally. If you are paying rent on terms you cannot verify because the landlord has not provided documentation, §704.03 gives you leverage to either obtain clarity or exit the arrangement. It also protects tenants in property sale scenarios where the new owner claims different lease terms than the original landlord communicated.
7. Dairy, Food Processing & Manufacturing Lease Provisions
Wisconsin’s identity as America’s Dairyland translates directly into commercial lease law. Tenants operating dairy processing facilities, food manufacturing plants, cold storage warehouses, and USDA-inspected facilities face unique lease requirements that are far more complex than a standard office or retail lease.
Dairy & Food Processing Facility Requirements
- USDA inspection access: The lease must guarantee unimpeded access for USDA and Wisconsin DATCP (Department of Agriculture, Trade and Consumer Protection) inspectors at all times during operating hours. Any landlord restriction on government inspector access could jeopardize the tenant’s operating license.
- Cold storage specifications: Dairy and food processing facilities typically require refrigeration capable of maintaining 33–38°F (cooler) and -10°F to 0°F (freezer). The lease must specify whether the landlord or tenant is responsible for HVAC/refrigeration system maintenance, repair, and replacement — a single compressor failure can destroy $500,000+ in dairy inventory overnight.
- Floor drain and waste disposal: USDA Grade A dairy processing requires specific floor slope (1/8” per foot minimum), sealed floor drains with backflow prevention, and sanitary waste disposal systems. The lease must address who is responsible for drain maintenance, grease trap cleaning, and compliance with Wisconsin DNR wastewater discharge permits.
- FDA FSMA compliance: The Food Safety Modernization Act (FSMA) requires preventive controls for food facilities. Lease provisions must address pest control responsibilities, ventilation standards, facility sanitation, and the tenant’s right to make facility modifications necessary for FSMA compliance without landlord consent delays.
- Water quality & supply: Dairy processing requires potable water meeting specific bacteriological standards. The lease should specify water source responsibility and address who bears the cost of water treatment or well maintenance.
Wisconsin-specific risk: A dairy processing tenant in a leased facility near agricultural land may face unexpected environmental liability. Wisconsin’s agricultural runoff regulations (NR 151) can create shared liability between property owners and tenants. Ensure the lease includes a clear environmental indemnification clause that protects the tenant from pre-existing contamination and landlord-caused runoff issues.
Manufacturing Tenant Provisions
Wisconsin remains one of America’s top manufacturing states, with significant concentrations in paper products, machinery, metal fabrication, and plastics. Manufacturing tenants must address:
- Environmental compliance: Wisconsin DNR regulations require environmental permits for air emissions, wastewater discharge, and hazardous waste handling. The lease must clearly allocate responsibility for permit applications, ongoing compliance costs, and remediation of any contamination caused during the tenancy.
- Heavy load floor specifications: Manufacturing equipment often requires floor load capacity of 250–500 PSF or higher. The lease should specify the building’s floor load rating, and the tenant should obtain an engineer’s certification before installing heavy machinery. If the floor requires reinforcement, negotiate whether this is a landlord or tenant cost — and whether the improvement reverts to the landlord at lease end.
- Power and utilities: Heavy manufacturing may require 480V three-phase power, dedicated transformer capacity, and backup generator provisions. Specify utility capacity in the lease and address who pays for utility infrastructure upgrades.
- Noise and vibration: Manufacturing operations near mixed-use or residential areas must comply with Wisconsin’s municipal noise ordinances. The lease should include a representation from the landlord that the zoning permits the tenant’s specific manufacturing use and that the building provides adequate sound attenuation.
Cold Storage Lease Cost Analysis — 10,000 SF Dairy Processing Facility in Green Bay:
Base rent: 10,000 SF × $9/SF NNN = $90,000/year
Refrigeration energy cost (est. $3.50/SF): $35,000/year
Floor drain/waste compliance: $8,000–$15,000/year
USDA-compliant facility upgrades (amortized): $12,000–$25,000/year
Total occupancy cost: $145,000–$165,000/year ($14.50–$16.50/SF)
Base rent is only 55–62% of total occupancy cost for food processing tenants. Negotiate who bears refrigeration maintenance, USDA upgrade costs, and waste disposal compliance.
8. Assignment & Subletting: Wis. Stat. §704.09
Wis. Stat. §704.09 provides Wisconsin’s statutory framework for commercial lease assignment and subletting. The statute establishes a reasonableness standard that protects tenants from arbitrary landlord refusals — but the protection has important limits that tenants must understand.
The Reasonableness Standard
If a lease requires the landlord’s consent for assignment or subletting, the landlord’s consent cannot be unreasonably withheld unless the lease expressly states that the landlord has “sole and absolute discretion.” Wisconsin courts evaluate reasonableness based on:
- Financial strength of the proposed assignee or subtenant
- Intended use — whether the proposed use is compatible with the lease’s use clause and the building’s other tenants
- Business reputation of the proposed assignee
- Compliance history — whether the assigning tenant is in good standing under the lease
Watch for this language: “Landlord may withhold consent to any assignment or subletting in Landlord’s sole and absolute discretion.” This single phrase eliminates the statutory reasonableness protection under §704.09. If you see this language, negotiate it to “Landlord’s consent shall not be unreasonably withheld, conditioned, or delayed” — or at minimum, require the landlord to provide written reasons for any refusal within 15 business days of the request.
Original Tenant Liability
Under Wisconsin law, an assignment does not release the original tenant from liability unless the landlord expressly agrees to a release in writing. This means the original tenant remains on the hook for rent, CAM charges, and other lease obligations even after a successful assignment. Negotiate a release provision — or at minimum, a release that triggers after the assignee has performed for 12–24 months without default.
9. Wisconsin Commercial Eviction Timeline
Wisconsin’s commercial eviction process runs through the small claims or circuit court system and typically takes 25–40 days from the initial notice to writ of restitution. Here is the step-by-step timeline:
| Step | Action | Timeline |
|---|---|---|
| 1 | Serve notice to cure or vacate (5-day or 30-day per §704.17) | Day 0 |
| 2 | Notice period expires; tenant fails to cure | Day 5 or Day 30 |
| 3 | Landlord files eviction complaint with circuit court | Day 6 or Day 31 |
| 4 | Court issues 5-day summons to tenant | Day 7–12 |
| 5 | Tenant files answer (5 days from service of summons) | Day 12–17 |
| 6 | Court hearing scheduled and held | Day 15–25 |
| 7 | Judgment entered; writ of restitution issued | Day 20–35 |
| 8 | Sheriff executes writ of restitution | Day 25–40 |
Eviction Cost Analysis — Milwaukee 4,000 SF Office at $28/SF:
Monthly rent = 4,000 × $28 ÷ 12 = $9,333/month
Lost rent during 35-day eviction: $10,889
Legal fees (attorney + filing + service): $4,500–$8,000
Total landlord exposure per eviction: $15,389–$18,889
This cost exposure is why many Wisconsin landlords prefer to negotiate a voluntary surrender with 30–60 days of rent abatement rather than litigate.
10. Wisconsin vs. Neighboring States: Key Differences
Wisconsin’s commercial lease framework offers a meaningfully different balance of landlord-tenant rights compared to its Midwest neighbors. This comparison helps multi-state tenants understand what changes when crossing state lines.
| Metric | Wisconsin | Illinois | Minnesota | Iowa | Michigan |
|---|---|---|---|---|---|
| Nonpayment notice | 5 days (≤1yr) / 30 days (>1yr) | 10 days (5-day demand typical) | 14 days | 3 days | No statutory minimum |
| Landlord’s lien | Abolished | Abolished | Abolished | Limited | Limited |
| Self-help lockout | Prohibited | Limited (commercial) | Prohibited | Allowed (peaceable) | Allowed (peaceable) |
| Holdover penalty | None (statutory) | None (statutory) | None (statutory) | Lease-dependent | None (statutory) |
| Assignment consent | Reasonableness std | Lease-dependent | Reasonableness std | Lease-dependent | Lease-dependent |
| Right to written lease | Yes (§704.03) | No | No | No | No |
| Eviction timeline | 25–40 days | 30–60 days | 21–45 days | 15–30 days | 20–45 days |
| Class A office (major city) | $24–$34/SF | $35–$65/SF | $25–$40/SF | $18–$28/SF | $22–$35/SF |
Key takeaway: Wisconsin offers the strongest tenant protections among its immediate neighbors — abolished landlord’s lien, prohibited self-help, statutory reasonableness standard for assignments, and a unique right to a written lease. Only Minnesota comes close on overall tenant protection, but even Minnesota lacks the §704.03 written lease right.
11. 12-Item Wisconsin Tenant Checklist
Before signing any commercial lease in Wisconsin, verify every item on this checklist. Each item addresses a Wisconsin-specific legal requirement or market practice that directly affects your rights and financial exposure.
- Confirm the lease term exceeds one year to secure the 30-day cure period under §704.17(2) instead of the 5-day cure period for shorter-term leases
- Strike any landlord’s lien clause or ensure it complies with UCC Article 9 requirements — the common-law lien is abolished under §704.11, but contractual liens may still be enforceable
- Verify the lease prohibits self-help lockout and includes a tenant remedy clause (actual damages + consequential damages) if the landlord attempts to lock you out without a court order
- Negotiate the holdover rate — cap at 120% for the first 90 days, require written landlord notice before holdover rates activate, and include tenant’s right to cure by vacating within 30 days
- Obtain and retain a complete written copy of the lease including all amendments, exhibits, and addenda — exercise your §704.03 right if the landlord does not provide one within 15 days
- Ensure assignment consent language uses the reasonableness standard from §704.09 — strike “sole and absolute discretion” language and require landlord to respond to assignment requests within 15 business days
- For dairy/food processing tenants: confirm the lease guarantees USDA/DATCP inspector access, specifies cold storage temperature requirements, and addresses floor drain and waste disposal compliance
- For manufacturing tenants: obtain floor load certification, confirm power capacity (voltage, phase, amperage), and verify environmental permit allocation between landlord and tenant
- Verify zoning compliance — obtain a written landlord representation that the premises are properly zoned for the tenant’s specific use under the applicable municipal zoning ordinance
- Include a casualty/condemnation termination right if the premises cannot be restored within 180 days of damage or if more than 25% of the premises are taken by eminent domain
- Negotiate CAM audit rights with the right to audit landlord’s operating expense records annually, at tenant’s cost, with landlord reimbursing audit costs if overcharges exceed 5%
- Include a relocation restriction — prevent the landlord from relocating the tenant to alternative space within the building or complex without tenant’s written consent and landlord’s payment of all moving costs
12. 6 Red Flags in Wisconsin Commercial Leases
Red Flag #1: Contractual Landlord’s Lien Despite §704.11
The lease grants the landlord a lien on tenant’s personal property, equipment, or inventory for unpaid rent. While the common-law lien is abolished, a contractual lien created by the lease agreement may be enforceable if structured as a UCC Article 9 security interest. Strike this clause entirely or negotiate a subordination agreement that preserves your equipment lender’s priority.
Red Flag #2: “Sole and Absolute Discretion” on Assignment
This language overrides the statutory reasonableness standard of §704.09, giving the landlord unrestricted power to block any assignment or sublease. The result: you cannot exit the lease through assignment even if you find a financially stronger replacement tenant. Negotiate to “consent not unreasonably withheld, conditioned, or delayed.”
Red Flag #3: Short Initial Term Designed to Limit Cure Rights
A landlord offers a series of 11-month leases instead of a multi-year term. This structure keeps the tenant permanently in the 5-day cure window under §704.17(2) instead of the 30-day cure period available for leases exceeding one year. Insist on a term exceeding 12 months with renewal options.
Red Flag #4: Waiver of Self-Help Lockout Protections
Some leases include a clause stating that the tenant “waives any and all claims arising from landlord’s re-entry and repossession of the premises.” This attempts to contractually authorize self-help lockout that Wisconsin law prohibits. Such waivers may be unenforceable, but their presence signals a landlord who may attempt extrajudicial remedies. Strike the waiver and add an affirmative prohibition on self-help.
Red Flag #5: No USDA/DATCP Access Provision (Food Processing Tenants)
A food processing or dairy facility lease that does not expressly guarantee government inspector access could result in the landlord restricting or delaying USDA or DATCP inspections — potentially causing the tenant to lose its operating license. The lease must include an unconditional right of inspector access during business hours without prior landlord notice or consent.
Red Flag #6: Holdover Rate Exceeding 200% with No Grace Period
Some Wisconsin leases impose holdover rates of 200–300% of base rent with no notice requirement and no grace period. On a $15,000/month lease, a 200% holdover rate means $30,000/month starting the day after lease expiration. Negotiate a 30-day grace period at 100% of rent before holdover rates activate, and cap the holdover premium at 150%.
13. Frequently Asked Questions
Does Wisconsin still have a landlord’s lien on commercial tenant property?
No. Wisconsin abolished the common-law landlord’s lien for commercial property under Wis. Stat. §704.11. Unlike Texas (which has an automatic statutory lien) or Florida (which has a lien enforceable through distress proceedings), Wisconsin landlords have NO lien on a commercial tenant’s personal property, equipment, or inventory for unpaid rent. The only surviving lien is on crops (agricultural tenancies). If a Wisconsin landlord wants a security interest in tenant property, they must obtain it through a consensual UCC Article 9 security agreement — the same process any other creditor would follow. Tenants should be wary of lease clauses that attempt to create a contractual lien, as these may effectively replicate the abolished common-law lien through private agreement.
What notice is required before a Wisconsin commercial landlord can terminate a lease for nonpayment?
Wisconsin’s notice requirements depend on the lease term under Wis. Stat. §704.17(2). For leases with a term of one year or less (including month-to-month), the landlord must provide a 5-day written notice to pay or vacate. For leases with a term exceeding one year, the landlord must provide a 30-day written notice. This is a significant distinction — a tenant on a 3-year lease has 30 days to cure a rent default, while a month-to-month tenant has only 5 days. The notice must identify the breach and give the tenant the opportunity to cure within the notice period. If the tenant cures within the notice window, the lease continues.
Can a Wisconsin commercial landlord lock out a tenant without a court order?
No. Wisconsin does not permit self-help eviction or lockout of commercial tenants. A landlord must go through the full judicial eviction process: filing a complaint, serving a 5-day summons, attending a hearing, and obtaining a writ of restitution from the court. Changing locks, shutting off utilities, or removing tenant property without a court order exposes the landlord to liability for actual damages, consequential damages (lost business income), and potentially punitive damages. This is more protective than some neighboring states — Illinois, for example, historically allowed self-help in commercial contexts under certain circumstances.
What happens when a Wisconsin commercial tenant holds over after the lease expires?
Under Wis. Stat. §704.25, a holdover commercial tenant who remains in possession after lease expiration — and the landlord accepts rent — creates a month-to-month periodic tenancy on the same terms and conditions as the expired lease. Wisconsin does not have a statutory double-rent penalty for holdover tenants like Florida does. However, most Wisconsin commercial leases include a contractual holdover provision specifying a penalty rate (typically 150% of the last month’s rent). Tenants should negotiate a holdover cap and ensure the holdover rate applies only after the landlord provides written notice that holdover status has triggered.
Can a Wisconsin tenant terminate a lease if the landlord refuses to provide a written copy?
Yes — this is a unique Wisconsin protection. Under Wis. Stat. §704.03, if a tenant requests a written copy of the lease and the landlord fails to provide it within 15 days of the request, the tenant may terminate the lease. This is a powerful tenant right that does not exist in most other states. To exercise this right, the tenant should make the request in writing (ideally via certified mail) and retain proof of the request date. If the landlord does not deliver the written lease within 15 days, the tenant can serve a termination notice. This provision protects tenants from oral lease disputes and ensures transparency in lease terms.
How does Wisconsin handle commercial lease assignment and subletting?
Wis. Stat. §704.09 governs assignment and subletting in Wisconsin. If the lease contains a clause requiring the landlord’s consent for assignment, the landlord’s consent cannot be unreasonably withheld unless the lease expressly states that the landlord has “sole and absolute discretion.” This is a statutory reasonableness standard — Wisconsin courts will evaluate whether a landlord’s refusal to consent was commercially reasonable based on the proposed assignee’s financial strength, intended use, and business reputation. The statute also provides that an assignment does not release the original tenant from liability unless the landlord expressly agrees to a release in writing.
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