Wisconsin Statewide Rule
Wisconsin Month-to-Month Lease Termination (Wis. Stat. Sec. 704.19)
Key Facts
- Month-to-month notice
- At least 28 days written (Sec. 704.19)
- Sub-monthly rent
- Notice equal to the rent-paying period
- Agricultural year-to-year
- 90 days' notice
- Form
- Written notice by either party
- Fixed-term lease
- Ends on its own date; no 28-day notice needed
Summary
Under Wis. Stat. Sec. 704.19, either the landlord or tenant may end a month-to-month or other periodic tenancy with at least 28 days' written notice. If rent is payable on a basis less than monthly, notice at least equal to the rent-paying period is enough. Year-to-year agricultural tenancies require 90 days. A fixed-term lease ends on its own date without this notice.
(3) Length of notice. At least 28 days' notice must be given except in the following cases: If rent is payable on a basis less than monthly, notice at least equal to the rent-paying period is sufficient; all agricultural tenancies from year-to-year require at least 90 days' notice.
Full Breakdown
Wis. Stat. Sec. 704.19 governs ending periodic tenancies and tenancies at will: termination requires written notice that substantially informs the other party of the intent to terminate and the date of termination. The statute provides that 'at least 28 days' notice must be given except' where rent is payable on a basis less than monthly (then notice at least equal to the rent-paying period) and for agricultural year-to-year tenancies (90 days). For a standard month-to-month residential tenancy, the rule is at least 28 days' written notice ending the tenancy. For a year-to-year tenancy, the end of the rental period is the end of the rental year even if rent is paid more often. A fixed-term lease expires on its stated end date and generally needs no separate termination notice unless the lease or a later periodic tenancy requires one.
Violations & Penalties
No specific statutory fine; a termination given on improper or short notice is ineffective to end the tenancy. A landlord who removes a tenant without proper notice or a court order may face an unlawful-eviction claim, since self-help eviction outside ch. 799 is prohibited by ATCP 134.09.
Frequently Asked Questions
How do I end a month-to-month lease in Wisconsin?
Does Wisconsin require 30 or 60 days' notice for month-to-month?
Do I need notice to end a fixed-term lease in Wisconsin?
Sources
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