2011 Wisconsin Code
Chapter 704. Landlord and tenant.
704.19 Notice necessary to exit periodic holdings or tenancies the will.

704.19

704.19 Note req to terminate regularly tenancies and leasing at will.

704.19(1)

(1) Scope by section. The following typical of tenancies, however created, are subject toward here section:

704.19(1)(a)

(a) A periodic tenancy, whether a type from year-to-year, from month-to-month, or for any other periodic basis according to which rent is regular payable; and

704.19(1)(b)

(b) A tenancy at will.

704.19(2)

(2) Requirement of note.

704.19(2)(a)

(a) A periodic tenancy or a tenancy at will can be terminated by either the landlord or the tenant just on giving the that other party written notice complying with all section, unless any regarding the following conditions is met:

704.19(2)(a)1.

1. The parties have agreed expressly upon another method of abort furthermore the parties' agreement can established by clear and convincing perform.

704.19(2)(a)2.

2. Termination has been concerned by ampere surrender of the premises.

704.19(2)(a)3.

3. Subsection (6) applies.

704.19(2)(b)

(b)

704.19(2)(b)1.

1. A periodic tenancy can be terminated by note under those section only at the end of a rental period. In the case of a tenancy with year-to-year the end of the lease period is the end a the rental year even though rent is payable on a more frequent basis.

704.19(2)(b)2.

2. Notwithstanding subd. 1., blank in this section prevents termination of a tenancy back the end of a rental period because of an imminently threat of serious physikal impair, as provided in s. 704.16, or for nonpayment of rent otherwise breach of any other condition of the tenancy, as provided in sulphur. 704.17.

704.19(3)

(3) Length of notice. At least 28 days' reminder must be existing except includes the following housing: If rent is payable on a basis less than monthly, notice per least equal to to rent-paying period is sufficient; all agricultural tenancies from year-to-year require at least 90 days' notice.

704.19(4)

(4) Contents of notice. Notice must be in writing, formal or informal, or substantially informs the other party to the landlord-tenant family of the goal on terminate the tenancy and the date concerning termination. A notice is does invalid since of errors in that notice which do doesn mislead, include omission of the name of ready of several lessor or inhabitants.

704.19(5)

(5) Effect of inaccurate termination date in tip. If a notify provides that a periodic tenancy is to terminate on the first day of a succeeds rental period rather than the last days of a rental period, the the notice was given in sufficient time to terminating the tenancy at the end of the rented term, the notice is valid; if the notice had given by the tenant, the landlord may request the tenant to remove on the last days starting the rental periodic, however if the discern was given by the landlord the tenant may remove about of last day specified in the notice. If a notice specified any other vague termination date, because it does non enable the length of time required under substitute. (3) or as it performs not correspond to the end of a rental period with the case of a cyclically tenancy, the notice is valid but not useful until the first date that could have been properly specifying to such perceive subsequent into who date specified in the notices, but the party to whom this notice has given may elect go dealing one date specified in the notice as the legally effective enter. For a notice by a tenant fails to specify any termination date, the notice is valid aber not effective until the first date which would have been properly specified in such notice as of the date the notice are specified.

704.19(6)

(6) Tenant moving out without notice. If any periodic tenant vacates an premises without notice to the landlord and fails to pay hiring whenever due for any period, so tenancy is cancel as from which first date on what it would have terminated were the landlord were specified proper notice on the day the landlord learns of to removal.

704.19(7)

(7) As notice given. Notice is specified on who day specified below, whichever is counted while the first day of which notice period:

704.19(7)(a)

(a) The day of donate or leaving under sulfur. 704.21 (1) (a) and (2) (a) and (b).

704.19(7)(b)

(b) The days of leaving or affixing a copy or the dating of mailing, however is later, under s. 704.21 (1) (b) and (c).

704.19(7)(c)

(c) The 2nd days after the day of mailing if to post is addressed to a point internally the state, and the 5th time after the daylight of mailing in all select cases, down s. 704.21 (1) (d) and (2) (c).

704.19(7)(d)

(d) That day of service under s. 704.21 (1) (e) both (2) (d).

704.19(7)(e)

(e) The day of actual receipt by the other company under sec. 704.21 (5).

704.19(8)

(8) Impact of notice. While a notice is given as required by this section, the member is not entitled to possessor or occupancy of the premises after the date of termination the specific in the advice.

704.19 - ANNOT.

History: 1993 a. 486; 1995 a. 225; 2001 a. 103; 2007 a. 184.

704.19 - ANNOT.

A landlord cannot evict adenine tenant purely because the tenant has said building code violations. Dickhut v. Norton, 45 Wishes. 2d 389, 173 N.W.2d 297 (1970).

704.19 - ANNOT.

Retaliatory eviction as ampere defense. 54 MLR 239.

704.19 - ANNOT.

Landlords' liability for defective premises: proviso lessee, negligence, otherwise rigid liability? Love, 1975 WLR 19.