Not every rental scenario warrants a long-term lease agreement. In these cases, a month-to-month rental agreement keeps things flexible by allowing you and your tenant to rent month to month, with the agreement renewing automatically until either party provides proper notice to terminate.
A Wisconsin month-to-month lease agreement, sometimes referred to as a tenancy at will, is still a legally binding contract. Even though it doesn’t have a fixed end date, it must comply with Wisconsin landlord-tenant laws. Below is a complete overview of the disclosures, rules, and legal requirements that apply to month-to-month rentals in the Badger State.
Disclosures (8)
Before a tenant moves in, Wisconsin law requires landlords to provide specific disclosures. These ensure tenants understand the condition of the property and what to expect during the tenancy.
- Lead-based paint: Federal law mandates landlords to disclose any known information about lead-based paint and its hazards in all rentals built before 1978.
- Move-in checklist: Landlords must provide a move-in checklist that details the condition of the unit at move-in, including any damage to the property (Wis. Stat. § 34.06(1)).
- Code violations: Landlords must inform tenants whether they know of any building or housing code violations (Wis. Stat. § 134.04(2)).
- Domestic abuse: State law provides verbiage for a disclosure that outlines the protections for domestic abuse victims (Wis. Stat. § 704.14).
- Shared utilities: Landlords must disclose whether you include a tenant’s utility costs in the rent. If not, and if any common areas share a meter with a unit, you must explain how you split utility costs among tenants (Wis. Stat. § 134.04(3)).
- Landlord name and address: You must include your name and address in your rental agreement template, for ease of tenant communication (Wis. Stat. § 134.04(1)).
- Utility: Before collecting a security deposit from your tenant, you must disclose whether you do not include utility charges in the rent (Wis. Stat. § 134.04(3)).
- Nonstandard rental provisions: Any lease template that includes nonstandard rental provisions must include them in writing (Wis. Stat. § 134.09).
Optional Disclosures and Addenda
Optional disclosures help clarify expectations and reduce misunderstandings during a month-to-month tenancy. While not required by law, these additions help provide clarity and prevent disputes.
Asbestos: Informs tenants of any known asbestos in the unit and provides tips to avoid or limit exposure.
Bed bugs: Discloses any known or suspected bed bug infestations in the unit or in adjacent units.
Late/returned check fee: Discloses fees for late or returned rent checks. Wisconsin law does not limit what you can charge as a late fee. Returned check fees, however, are usually set at $15 per check.
Medical marijuana use: Details the guidelines for the use of medical marijuana in the rental.
Mold disclosure: Discloses any known or suspected mold issues in the unit, as well as options for treatment and removal.
Move-in checklist: Outlines the condition of the rental at move-in, including any existing damages in the unit.
Non-refundable fees: Details any fees that the landlord will not refund or return at the end of the agreement.
Smoking: Explains the smoking policy for the rental, including any designated smoking areas on the property.
Additional Wisconsin Month-to-Month Lease Laws
In addition to disclosure requirements, Wisconsin law outlines the terms and conditions for month-to-month rentals once the tenancy begins. These rules address notice periods, rent changes, lease violations, deposits, and property access.
Notice to Terminate a Month-to-Month Agreement
Ending a month-to-month tenancy in Wisconsin requires written notice to the other party. Here’s what you need to know.
Required notice for tenant: Tenants must give landlords 28 days’ written notice (Wis. Stat. § 704.19).
Required notice for the landlord: Landlords must also give tenants 28 days’ written notice to terminate the lease agreement (Wis. Stat. § 704.19).
Laws Governing Rent Increases
Month-to-month agreements allow landlords to adjust rent more frequently than fixed-term leases, but Wisconsin law still imposes notice requirements.
Wisconsin does not have rent control or rent stabilization laws. Landlords may increase rent by any amount as long as they provide proper written notice. For month-to-month tenancies, landlords must give at least 28 days’ notice before a rent increase takes effect.
Lease Violations and Eviction
When issues arise during a month-to-month tenancy, Wisconsin law outlines the steps landlords must follow before pursuing eviction.
Missed rent payment: If your tenant misses a rent payment, you may issue a 5-day Notice to Pay or Quit. If they miss another payment within a year, you may issue a 14-day Notice to Quit and terminate the lease (Wis. Stat. § 704.17(2)(a)).
Lease violation: For other lease violations, landlords may issue a 5-day Notice to Cure or a 14-day Notice to Vacate, depending on the nature and frequency of the violation (Wis. Stat. § 704.17).
Lease abandonment: If a tenant vacates the unit without notice and doesn’t return, landlords may consider the property abandoned and take steps to re-rent while attempting to recover unpaid rent, subject to mitigation requirements.
Self-help evictions: Self-help evictions are illegal in Wisconsin. Landlords must follow the court eviction process and may not change the locks or remove the tenant’s belongings without a court order.
Rent Payment Laws
Clear rent payment rules help ensure month-to-month rentals operate smoothly and fairly.
Rent control/stabilization: Wisconsin has no rent control or rent stabilization laws.
Late rent fees: State law does not set a maximum late fee, but any fee must be reasonable and disclosed in the lease agreement.
Grace period: Wisconsin law does not require landlords to provide a grace period for rent payments unless the lease includes one.
Tenant’s right to withhold rent: Tenants may not withhold rent unless they follow Wisconsin’s legal procedures for habitability issues, such as repair-and-deduct or court-approved remedies (Wis. Stat. § 704.07(4)).
Pet rent laws: You may charge a pet deposit or monthly pet rent, provided the amount is reasonable and clearly outlined in your lease agreement template.
Security Deposits
Wisconsin has detailed rules for handling security deposits.
Maximum amount: Wisconsin does not cap the amount a landlord may collect as a security deposit.
Deposit receipt: Landlords are not required to provide a receipt for the security deposit unless the tenant pays in cash.
Interest payments: Wisconsin law does not require landlords to pay interest on security deposits.
Security deposit return: Landlords must return the tenant’s security deposit, minus any deductions, within 21 days after the tenant moves out (Wis. Stat. § 704.28).
Deductions: Landlords may withhold deductions from your tenant’s deposit to cover unpaid rent, damages, and other charges outlined in the lease. They must itemize and document all deductions tjeu make.
Property Access Laws
Landlords may need to access a rental unit for repairs or inspections, but you must still respect your tenant’s privacy.
Advance notice: Wisconsin law requires landlords to provide at least 12 hours’ advance notice before entering a tenant’s unit, except in emergencies (Wis. Admin. Code ATCP § 134.09).
Immediate access: In an emergency, landlords may enter the property without notice.
Harassment: If landlords do not follow the state’s guidelines for entry, tenants may sue for damages, withhold part of the rent payment, or even terminate their lease (Wis. Stat. § 704.07(4)).
