A Wisconsin 30 Day Notice To Comply or Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for a lease violation. The tenant must take appropriate corrective action or else move out within thirty (30) calendar days of receiving notice.
When To Use a Wisconsin 30 Day Notice To Comply or Vacate
A Wisconsin 30 Day Notice To Comply or Vacate begins the eviction process when the tenant violates the lease. In a tenancy of more than one (1) year, this notice is used for a tenant’s first lease violation, or if the tenant violates the lease more than once during the term.
The tenant must take appropriate corrective action to resolve the lease violation within thirty (30) calendar days of receiving notice, or else be evicted.
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 30 Day Notice To Comply or Vacate
To help ensure the legal compliance of a Notice To Comply or Vacate:
- Use the full name of the receiving party, and address of record, if known
- Specify the termination date of the lease or tenancy
- Specify the basis for terminating the tenancy, and the corrective action(s) required to avoid termination
- 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 30 Day Notice To Comply or Vacate
Wisconsin landlords may deliver a Notice To Comply or Vacate using any of these methods:
- Hand delivery to the other party
- Hand delivery to a family member of the other party at least age 14 on the property and informing them of the contents of the notice
- Hand delivery to someone in charge of or occupying the tenant’s address of record, PLUS delivery by mail
- Only after all hand delivery attempts fail: Posting at a conspicuous place on the premises, such as the entry door, PLUS delivery by mail
- Delivery by registered or certified mail to the tenant’s last known address
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 § 704.17
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Lease for more than one year.
(a) If a tenant under a lease for more than one year fails to pay rent when due, or commits waste, or breaches any other covenant or condition of the tenant’s lease, the tenancy is terminated if the landlord gives the tenant notice requiring the tenant to pay the rent, repair the waste, or otherwise comply with the lease on or before a date at least 30 days after the giving of the notice, and if the tenant fails to comply with the notice. A tenant is deemed to be complying with the notice if promptly upon receipt of the notice the tenant takes reasonable steps to remedy the default and proceeds with reasonable diligence, or if damages are adequate protection for the landlord and the tenant makes a bona fide and reasonable offer to pay the landlord all damages for the tenant’s breach; but in case of failure to pay rent, all rent due must be paid on or before the date specified in the notice
Source Link - 2 Wis. Stat. § 704.21(1)
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704.21 Manner of giving notice.
(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.
Source Link - 3 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).
