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What Is a Wisconsin Month-to-Month Lease Agreement?

A Wisconsin month-to-month lease agreement is a short-term rental agreement between a landlord and tenant. The tenant or the landlord can decide that a move out may occur with the required notice period fulfilled via a written notice. A rental agreement of this nature renews at the beginning of each month. They are generally considered an indefinite arrangement between the parties as long as the monthly rent is paid and neither party wishes to complete a written notice for a lease termination or an eviction isn’t necessary. However, it is necessary that both parties follow Wisconsin landlord-tenant laws during the term lease.

What Laws Apply to Wisconsin Month-to-Month Lease Agreements?

The Wisconsin state laws that apply to month-to-month leases are found in § 704.19. The State of Wisconsin refers to a month-to-month lease agreement as a tenancy at will. The state law is known as landlord-tenant law.

Wisconsin landlord-tenant law also determines when landlords may withhold and return the security deposit to the tenant under § 704.28. Landlords may withhold the security deposit to cover monthly rent that was not paid (known as nonpayment of rent), damage to the rental property by the month-to-month tenant, and unpaid utilities that were provided by the property owner and not included by the rent. The landlord must return the security deposit within 21 days of lease termination or if the landlord files an eviction under certain circumstances involving a month-to-month tenancy.

Terminating a Wisconsin Month-to-Month Lease Agreement

Under Wisconsin law, at least 28 days’ notice is required if the residential lease agreement requires that the tenant pays their rent on a monthly basis. The written notice must include the intent to terminate the tenancy and include the date of termination. The termination notice is not considered ineffective because of typos or other small mistakes made by the renter according to Wis. Stat. § 704.19.

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