A Wisconsin 28 Day Notice To Vacate is a letter which complies with state legal requirements to terminate a rental agreement, including a month-to-month or year-to-year lease. The non-terminating party must receive notice at least twenty eight (28) calendar days before the date of termination.
When To Use a Wisconsin 28 Day Notice To Vacate
A Wisconsin 28 Day Notice To Vacate terminates the following types of tenancy:
- A rental agreement, including a month-to-month or year-to-year lease
- A rental situation with no written lease where the tenant pays rent monthly
- An expired lease
Some types of Wisconsin lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a Wisconsin 28 Day Notice To Vacate
To help ensure the legal compliance of a Notice To Quit:
- Use the full name of the receiving party, and address of record, if known
- Specify the termination date of the lease or tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a Wisconsin 28 Day Notice To Vacate
Wisconsin landlords and tenants may deliver a lease termination notice using any of these methods:
- Hand delivery to the other party
- Hand delivery to someone in charge of or occupying the other party’s address of record; if notice is going to the tenant, the landlord must ALSO deliver notice by standard mail
- Delivery through registered or certified mail to the other party’s last known address
- (Tenant only) Hand delivery to a member of the tenant’s family at least 14 years old, living at the tenant’s address, who is informed of what the notice contains
- (Tenant only) If ALL forms of hand delivery fail: Posting the notice on the premises, PLUS delivering notice by standard mail
Counting for a notice period begins immediately upon delivery unless there is a mailed component. If the letter is mailed by regular mail, counting begins when the notice has been both mailed, and hand-delivered/posted. When delivering by registered or certified mail ONLY, counting begins on the 2nd calendar day after mailing (or 5th calendar day, if mailed out of state).
Sources
- 1 WI Stat § 704.19
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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.
Source Link - 2 Wis. Stat. § 704.21(1)
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(1)Notice by landlord. Notice by the landlord or a person in the landlord’s behalf must be given under this chapter by one of the following methods:
(a) By giving a copy of the notice personally to the tenant or by leaving a copy at the tenant’s usual place of abode in the presence of some competent member of the tenant’s family at least 14 years of age, who is informed of the contents of the notice;
(b) By leaving a copy with any competent person apparently in charge of the rented premises or occupying the premises or a part thereof, and by mailing a copy by regular or other mail to the tenant’s last-known address;
(c) If notice cannot be given under par. (a) or (b) with reasonable diligence, by affixing a copy of the notice in a conspicuous place on the rented premises where it can be conveniently read and by mailing a copy by regular or other mail to the tenant’s last-known address;
(d) By mailing a copy of the notice by registered or certified mail to the tenant at the tenant’s last-known address;
(e) By serving the tenant as prescribed in s. 801.11 for the service of a summons.
Source Link - 3 Wis. Stat. § 704.21(2)
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(2)Notice by tenant. Notice by the tenant or a person in the tenant’s behalf must be given under this chapter by one of the following methods:
(a) By giving a copy of the notice personally to the landlord or to any person who has been receiving rent or managing the property as the landlord’s agent, or by leaving a copy at the landlord’s usual place of abode in the presence of some competent member of the landlord’s family at least 14 years of age, who is informed of the contents of the notice;
(b) By giving a copy of the notice personally to a competent person apparently in charge of the landlord’s regular place of business or the place where the rent is payable;
(c) By mailing a copy by registered or certified mail to the landlord at the landlord’s last-known address or to the person who has been receiving rent or managing the property as the landlord’s agent at that person’s last-known address;
(d) By serving the landlord as prescribed in s. 801.11 for the service of a summons.
Source Link - 4 Wis. Stat. § 704.19(7)
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(7) WHEN NOTICE GIVEN. Notice is given on the day specified below, which is counted as the first day of the notice period: Source Link(a) The day of giving or leaving under s. 704.21(1) (a) and (2) (a) and (b). (b) The day of leaving or affixing a copy or the date of mailing, whichever is later, under s. 704.21(1) (b) and (c). (c) The 2nd day after the day of mailing if the mail is addressed to a point within the state, and the 5th day after the day of mailing in all other cases, under s. 704.21(1) (d) and (2) (c). (d) The day of service under s. 704.21(1) (e) and (2) (d). (e) The day of actual receipt by the other party under s. 704.21(5).
