How much notice to end a month-to-month lease in Wisconsin

In Wisconsin, a month-to-month lease ends with at least 28 days' written notice, and the tenancy can end only at the end of a rental period. Section 704.19 of the Wisconsin Statutes sets the rule, and it applies to notice from either the landlord or the tenant.

How much notice ends a month-to-month lease in Wisconsin?

At least 28 days. Section 704.19(3) states: “At least 28 days' notice must be given except in the following cases.” The main exception covers rent paid more often than monthly: “If rent is payable on a basis less than monthly, notice at least equal to the rent-paying period is sufficient.”

The end date has to line up with the rental period. Section 704.19(2)(b) says “a periodic tenancy can be terminated by notice under this section only at the end of a rental period.” When rent is due on the first of the month, the tenancy ends on the last day of a month, and the notice must be given at least 28 days before that day.

Here is the arithmetic for one month. To end a tenancy on November 30, count back 28 days. The notice must be given no later than November 2.

What must a Wisconsin termination notice say?

Section 704.19(4) requires the notice to be “in writing, formal or informal,” and to “substantially inform the other party” of the intent to end the tenancy and the date it ends. A dated letter that names the tenant, the property, and the termination date does the job.

Section 704.19(5) addresses a common mistake: a notice given on time that names the first day of the next rental period instead of the last day of the current one. The statute provides a way for that notice to still take effect, but getting the date right avoids the question.

How must notice be served in Wisconsin?

Section 704.21(1) lists five ways a landlord may give notice: handing a copy to the tenant or leaving it at the tenant's home with a competent family member at least 14 years old; leaving it with a competent person apparently in charge of the rented premises and mailing a copy to the tenant's last-known address; posting it in a conspicuous place on the premises and mailing a copy; sending it by registered or certified mail; or serving it the way a summons is served under section 801.11.

Section 704.21(2) gives tenants four ways: handing a copy to the landlord or leaving it at the landlord's home with a competent family member at least 14 years old; handing it to a competent person apparently in charge of the landlord's regular place of business or the place where rent is paid; sending it by registered or certified mail; or serving it like a summons under section 801.11.

Whichever method is used, keep a copy of the notice and a record of how and when it was delivered.

What notice applies when a month-to-month tenant does not pay rent in Wisconsin?

Section 704.17(1p)(a) gives the landlord two options when a month-to-month tenant fails to pay rent when due: a notice requiring the tenant to pay or vacate within at least 5 days, or a notice to vacate within at least 14 days.

Those notices end the tenancy for a tenant's default. The 28-day notice under section 704.19 is the tool for ending a month-to-month tenancy when nothing has gone wrong.

Which ATCP 134 rules apply to a Wisconsin month-to-month lease?

Chapter ATCP 134 of the Wisconsin Administrative Code, administered by the Wisconsin Department of Agriculture, Trade and Consumer Protection, covers most residential rentals. It does not apply to a dwelling unit in a hotel, motel, or boarding house rented only to tourist or transient occupants, meaning people who stay less than 60 days while traveling away from their permanent home.

Copies and receipts: written rental agreements and rules must be given to a prospective tenant to inspect before the agreement is signed or any deposit is accepted, and copies go to the tenant at signing, under ATCP 134.03(1). The landlord must give a written receipt for a deposit right away and for rent paid in cash, under ATCP 134.03(2).

Disclosures: the landlord must disclose in writing, at or before signing, the name and address of the person authorized to collect rent and manage the property, and of the owner or other person authorized to accept legal service, under ATCP 134.04(1). That rule does not apply to an owner-occupied structure with no more than 4 dwelling units. The landlord must also disclose certain known code violations before signing or taking a deposit, under ATCP 134.04(2).

Entry: the landlord must give at least 12 hours' advance notice before entering, unless the tenant consents to a shorter time, there is a health or safety emergency, or the tenant is absent and entry is needed to protect the premises, under ATCP 134.09(2). A person who loses money because of a violation of the chapter may sue and recover twice the amount of the loss, plus costs and reasonable attorney fees, under section 100.20(5) of the Wisconsin Statutes.

When must a Wisconsin landlord return a security deposit?

Within 21 days. Section 704.28(4) and ATCP 134.06(2) require the landlord to deliver or mail the deposit, minus allowed withholdings, within 21 days. For a tenant who leaves on the termination date, the count starts on that date.

Any withholding needs a written statement that describes “each item of physical damages or other claim made against the security deposit,” under ATCP 134.06(4). The landlord may not intentionally misrepresent or falsify any claim.

At move-in, ATCP 134.06(1) requires the landlord to tell the tenant in writing that the tenant may inspect the unit and report preexisting damage, with a deadline of at least 7 days after the tenancy starts. The tenant may also ask for a list of damages charged to the previous tenant's deposit.

Can a Wisconsin landlord raise rent on a month-to-month lease?

The statutes and ATCP 134 sections covered here do not set a separate notice period for a rent increase on a month-to-month lease. Section 704.19 requires 28 days' notice to end the tenancy at the end of a rental period, so a practical approach is to use the same timing for a rent change: written notice at least 28 days before the rental period when the new rent starts.

That timing gives a tenant who does not accept the increase enough time to give a 28-day notice and move. A fixed-term lease is different, since the agreed rent generally stays in place until the term ends unless the lease says otherwise.

Sources

• Wisconsin Statutes 704.19 (notice to end periodic tenancy)
• Wisconsin Statutes 704.21 (manner of giving notice)
• Wisconsin Statutes 704.17 (notice for breach and nonpayment)
• Wisconsin Statutes 704.28 (security deposit return)
• Wisconsin Administrative Code ATCP 134 (residential rental practices)
• ATCP 134.06 (security deposits)
• ATCP 134.09 (prohibited practices)