Wisconsin Month-to-Month Rental Agreement

Last Updated: April 8, 2022 by Elizabeth Souza

A Wisconsin month-to-month lease agreement is a contract (written or oral) that allows a tenant to rent property from a landlord, in exchange for a fee (“rent”), for a period of thirty days at a time. The agreement remains active until either party gives proper notice to end it.

Note: For fixed term leases in Wisconsin (i.e., 1-year), click here.

How do Wisconsin Month-to-Month Lease Agreements Work?

A landlord and tenant can enter into a month-to-month lease through a written contract or oral agreement. It does not have to be written.

Once the lease is active, both parties are given full rights under Wisconsin landlord tenant law. This includes the landlord’s responsibility to provide a habitable living space, the tenant’s responsibility to pay rent in a timely manner and all other rights and responsibilities.

How Much Notice is Needed to End the Lease?

In Wisconsin either party may terminate a month-to-month lease with at least a 28 days’ notice. Wis. Stat. Ann. § 704.19

Notice must be provided in written form.

How Much Notice is Needed to Raise the Rent?

A Wisconsin landlord is not required to provide a written notice before an increase in rent. However, it is customary for the landlord to provide at least a 28 days’ notice before the expected rent increase.

Are There Notice Delivery Requirements?

In Wisconsin there are notice delivery requirements. The landlord must deliver notice by using one of the following methods: Wis. Stat. § 704.21

  • Delivering a copy in person or by leaving a copy with a tenant’s family member who is 14 years old or older.
  • Leaving a copy with a competent person in charge of the dwelling unit and mailing a copy via regular or other mail to the tenant’s last known address.
  • If no person is found, a copy may be affixed to a conspicuous place where it can be conveniently read and a copy must be mailed via regular or other mail to the tenant’s last known address.
  • Mailing a copy via registered or certified mail to the tenant’s last known address.

The tenant must deliver notice by using one of the following methods:

  • Delivering a copy in person to the landlord or to anyone who is authorized to receive rent or anyone who manages the property. A copy can also be left at the landlord’s usual place of abode in the presence of the landlord’s family (who is 14 years or older.
  • Delivering a copy of the notice to a competent person who is in charge of the landlord’s regular place of business.
  • Mailing a copy via registered or certified mail to the landlord’s last known address.

How are Month-to-Month Tenants Evicted in Wisconsin?

After the landlord gives proper notice, and that period of time elapses, the lease expires and is no longer active.

If a tenant remains on the property after lease expiry, the landlord may move forward with the eviction process to remove the tenant by filing a complaint with the applicable county court in Wisconsin. The process for eviction can be completed 2-4 months, but can take longer depending on the circumstances.

For more information on the eviction process in Wisconsin, click here.