A Wisconsin month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental 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 rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context.
Parties under a month-to-month lease enjoy 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 keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease.
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 – Landlords must give the tenant their name and address, or that of their authorized agent, to enable smooth communication of legal notice.
- Utilities – Landlords must note which utilities are not included in the rental price.
- Shared Utilities – Landlords renting a unit that shares a utility meter with other parts of the property must disclose how utilities are billed for the property.
- Check-In – Landlords must provide tenants with a move-in checklist to take inventory of existing property damage before move-in.
- Pre-Existing Damages – Landlords must disclose the tenant’s right to inspect the rental property for damages.
- Domestic Abuse – Landlords must provide notice that victims of domestic abuse have special protections as tenants under state law.
- Nonstandard Provisions – Leases which agree to nonstandard rental provisions (such as the landlord having the right to enter without notice) must place these provisions in a document clearly titled “NONSTANDARD PROVISIONS” alongside the lease.
- Code Violations – Landlords or building managers aware of any existing code violations on the rental property must disclose these violations to the tenant.
- 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 terminate a month-to-month lease with at least 28 days of advance notice. In general, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease.
Wisconsin requires written notice to end a month-to-month lease. There are specific requirements under state law to ensure notice is properly received by the person who is legally responsible in the situation. In general, registered or certified mail to the address of record is the safest way to deliver legal notice.
Required Notice To Raise the Rent on a Wisconsin Month-to-Month Lease
Wisconsin doesn’t have specific guidance on rental increases in a month-to-month context. State law implies at least 28 days of advance notice before a rental increase.
Eviction in Wisconsin Month-to-Month Rentals
Wisconsin tenants may face eviction for violating a month-to-month lease or remaining 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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