A Wisconsin month-to-month rental agreement is a contract (not necessarily in writing) for a tenant to rent property from a landlord, one month at a time, in exchange for a fee (“rent”). The agreement renews monthly, until either party gives proper notice to end it.
Basics of a Wisconsin Month-to-Month Rental Agreement
In Wisconsin, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written agreements are clearer and more reliable in case of disagreement, but month-to-month oral (unwritten) leases are legal.
Parties under a month-to-month lease have full rights under Wisconsin landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must ensure the tenant’s quiet enjoyment of the property. This includes keeping critical features of the property in good working condition.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party, for any reason, without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Required Disclosures for Month-to-Month Rentals in Wisconsin
Wisconsin landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:
- Landlord’s Name and Address – Wisconsin requires that landlords provide their name and address (or their agent’s) in a lease agreement. This helps ensure smooth communication and payment of rent in the event of any unusual situations. Typically includes additional contact information for the landlord and authorized agents, such as phone numbers and email addresses.
- Utilities – Wisconsin landlords must specify any utilities paid for by the tenant, to alert them of this responsibility.
- Shared Utilities – Wisconsin properties which share a utility meter with other units must disclose terms for how to divide utility costs up. This ensures tenants receive fair charges and understand what uses contribute to their bill.
- Check-In – Wisconsin leases must provide a move-in checklist (sometimes called a “check-in sheet”) outlining any flaws in the condition of the rental property. This sheet must be returned within 7 days of move-in. The landlord must keep the sheet until deductions are complete at the end of the lease.
- Pre-Existing Damages – Wisconsin leases must advise tenants of their inspection rights. The state grants new tenants the right to inspect a residence for seven days when beginning a new lease. Tenants also may request a receipt of any damages billed to the previous tenant.
- Domestic Abuse – All Wisconsin leases must incorporate a specific notice from the domestic abuse protection law. This advises tenants they have a right to end their lease early in certain abuse cases.
- Nonstandard Provisions – Any nonstandard Wisconsin leasing procedures, such as terms of notice upon entry, must be outlined in a separate attachment. This must be titled “NONSTANDARD PROVISIONS” and signed by all parties. A landlord may otherwise have a hard time enforcing these provisions.
- Code Violations – Wisconsin landlords must disclose any known code violations that pose a health risk and exist at the beginning of the tenancy.
- Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
Required Notice To End a Month-to-Month Rental in Wisconsin
Wisconsin lets both the landlord or tenant end a month-to-month lease with at least 28 days of advance notice. In general, it’s valid to end a month-to-month lease for any reason that isn’t landlord retaliation.
Wisconsin requires written notice to end a month-to-month lease. State law requires proper delivery of notice to the person who’s legally responsible in the situation. In general, the safest way to deliver legal notice is registered or certified mail to the address of record.
Required Notice To Raise the Rent on a Wisconsin Month-to-Month Lease
Wisconsin doesn’t set a specific timeline for notice to raise the rent on a month-to-month lease. This means it’s reasonable for a landlord to use the standard notice period for lease termination or other major lease changes. In Wisconsin, this is 28 days.
Eviction in Wisconsin Month-to-Month Rentals
Wisconsin tenants may get evicted if they violate lease terms or stay on the property after the notice period allowed by a valid termination. Evictions in Wisconsin typically take two to four months.
For more information on the eviction process in Wisconsin, click here.
Sources
- 1 Wi. Stat. § 704.19(3)
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At least 28 days’ notice [prior to termination] 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.
Source Link - 2 Wi. Stat. § 704.21
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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.(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.(3) Corporation or partnership. If notice is to be given to a corporation notice may be given by any method provided in sub. (1) or (2) except that notice under sub. (1) (a) or (2) (a) may be given only to an officer, director, registered agent or managing agent, or left with an employee in the office of such officer or agent during regular business hours. If notice is to be given to a partnership, notice may be given by any method in sub. (1) or (2) except that notice under sub. (1) (a) or (2) (a) may be given only to a general partner or managing agent of the partnership, or left with an employee in the office of such partner or agent during regular business hours, or left at the usual place of abode of a general partner in the presence of some competent member of the general partner’s family at least 14 years of age, who is informed of the contents of the notice.(4) Notice to one of several parties. If there are 2 or more landlords or 2 or more cotenants of the same premises, notice given to one is deemed to be given to the others also.(5) Effect of actual receipt of notice. If notice is not properly given by one of the methods specified in this section, but is actually received by the other party, the notice is deemed to be properly given; but the burden is upon the party alleging actual receipt to prove the fact by clear and convincing evidence.Source Link - 3 Koble v. Marquardt, App. No. 2022AP182 at 46 (Wi. App. April 23, 2024)
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…when a transaction [including a covenant to rent] is void, the customer shall be entitled to retain the goods, services or money received pursuant to the transaction without obligation to pay any amount and shall be entitled to recover any sums paid to the merchant pursuant to the transaction.
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