5 Day Notice to Pay Rent or Lease Terminates - Month-to-Month Lease - Residential
704.17 Notice terminating tenancies for failure to pay
rent or other breach by tenant.
(1) Month-to-month and week-to-week tenancies.
(a) If a month-to-month tenant or a week-to-week
tenant fails to pay rent when due, the tenant's tenancy is terminated if
the landlord gives the tenant notice requiring the tenant to pay rent or
vacate on or before a date at least 5 days after the giving of the notice
and if the tenant fails to pay accordingly. A month-to-month tenancy
is terminated if the landlord, while the tenant is in default in payment
of rent, gives the tenant notice requiring the tenant to vacate on or before
a date at least 14 days after the giving of the notice.
(b) If a month-to-month tenant commits waste or a material
violation of s. 704.07 (3) or breaches any covenant or condition of the
tenant's agreement, other than for payment of rent, the tenancy can be
terminated if the landlord gives the tenant notice requiring the tenant
to vacate on or before a date at least 14 days after the giving of the
notice.
(c) A property owner may terminate the tenancy of a week-to-week
or month-to-month tenant if the property owner receives written notice
from a law enforcement agency of a city, town or village that a nuisance
under s. 823.113 (1) or (1m) (b) exists in that tenant's rental unit or
was caused by that tenant on the property owner's property and if the property
owner gives the tenant written notice requiring the tenant to vacate on
or before a date at least 5 days after the giving of the notice.
The notice shall state the basis for its issuance and the right of the
tenant to contest the termination of tenancy in an eviction action under
ch. 799. If the tenant contests the termination of tenancy, the tenancy
may not be terminated without proof by the property owner by the greater
preponderance of the credible evidence of the allegation in the notice
from the law enforcement agency of a city, town or village that a nuisance
under s. 823.113 (1) or (1m) (b) exists in that tenant's rental unit or
was caused by that tenant.
(2) Tenancies under a lease for one year or less, and year-to-year
tenancies.
(a) If a tenant under a lease for a term of one year
or less, or a year-to-year tenant, fails to pay any installment of rent
when due, the tenant's tenancy is terminated if the landlord gives the
tenant notice requiring the tenant to pay rent or vacate on or before a
date at least 5 days after the giving of the notice and if the tenant fails
to pay accordingly. If a tenant has been given such a notice and
has paid the rent on or before the specified date, or been permitted by
the landlord to remain in possession contrary to such notice, and if within
one year of any prior default in payment of rent for which notice was given
the tenant fails to pay a subsequent installment of rent on time, the tenant's
tenancy is terminated if the landlord, while the tenant is in default in
payment of rent, gives the tenant notice to vacate on or before a date
at least 14 days after the giving of the notice.
(b) If a tenant under a lease for a term of one year or less,
or a year-to-year tenant, commits waste or a material violation of s. 704.07
(3) or breaches any covenant or condition of the tenant's lease, other
than for payment of rent, the tenant's tenancy is terminated if the landlord
gives the tenant a notice requiring the tenant to remedy the default or
vacate the premises on or before a date at least 5 days after the giving
of the notice, and if the tenant fails to comply with such notice.
A tenant is deemed to be complying with the notice if promptly upon receipt
of such notice the tenant takes reasonable steps to remedy the default
and proceeds with reasonable diligence, or if damages are adequate protection
for the landlord and the tenant makes a bona fide and reasonable offer
to pay the landlord all damages for the tenant's breach. If within one
year from the giving of any such notice, the tenant again commits waste
or breaches the same or any other covenant or condition of the tenant's
lease, other than for payment of rent, the tenant's tenancy is terminated
if the landlord, prior to the tenant's remedying the waste or breach, gives
the tenant notice to vacate on or before a date at least 14 days after
the giving of the notice.
(c) A property owner may terminate the tenancy of a tenant
who is under a lease for a term of one year or less or who is a year-to-year
tenant if the property owner receives written notice from a law enforcement
agency of a city, town or village that a nuisance under s. 823.113 (1)
or (1m) (b) exists in that tenant's rental unit or was caused by that tenant
on the property owner's property and if the property owner gives the tenant
written notice requiring the tenant to vacate on or before a date at least
5 days after the giving of the notice. The notice shall state the
basis for its issuance and the right of the tenant to contest the termination
of tenancy in an eviction action under ch. 799. If the tenant contests
the termination of tenancy, the tenancy may not be terminated without proof
by the property owner by the greater preponderance of the credible evidence
of the allegation in the notice from the law enforcement agency of a city,
town or village that a nuisance under s. 823.113 (1) or (1m) (b) exists
in that tenant's rental unit or was caused by that tenant.
(3) Lease for more than one year.
(a) If a tenant under a lease for more than one year
fails to pay rent when due, or commits waste, or breaches any other covenant
or condition of the tenant's lease, the tenancy is terminated if the landlord
gives the tenant notice requiring the tenant to pay the rent, repair the
waste, or otherwise comply with the lease on or before a date at least
30 days after the giving of the notice, and if the tenant fails to comply
with the notice. A tenant is deemed to be complying with the notice
if promptly upon receipt of the notice the tenant takes reasonable steps
to remedy the default and proceeds with reasonable diligence, or if damages
are adequate protection for the landlord and the tenant makes a bona fide
and reasonable offer to pay the landlord all damages for the tenant's breach;
but in case of failure to pay rent, all rent due must be paid on or before
the date specified in the notice.
(b) A property owner may terminate the tenancy of a tenant
who is under a lease for a term of more than one year if the property owner
receives written notice from a law enforcement agency of a city, town or
village that a nuisance under s. 823.113 (1) or (1m) (b) exists in that
tenant's rental unit or was caused by that tenant on the property owner's
property and if the property owner gives the tenant written notice to vacate
on or before a date at least 5 days after the giving of the notice.
The notice shall state the basis for its issuance and the right of the
tenant to contest the termination of tenancy in an eviction action under
ch. 799. If the tenant contests the termination of tenancy, the tenancy
may not be terminated without proof by the property owner by the greater
preponderance of the credible evidence of the allegation in the notice
from the law enforcement agency of a city, town or village that a nuisance
under s. 823.113 (1) or (1m) (b) exists in that tenant's rental unit or
was caused by that tenant.
(4) Form of notice and manner of giving. Notice must be in writing
and given as specified in s. 704.21. If so given, the tenant is not
entitled to possession or occupancy of the premises after the date of termination
specified in the notice.
(5) Contrary provision in the lease. Provisions in the lease
or rental agreement for termination contrary to this section are invalid
except in leases for more than one year.
704.19 Notice necessary to terminate periodic tenancies and tenancies
at will.
(1) Scope of section. The following types of tenancies, however
created, are subject to this section:
(a) A periodic tenancy, whether a tenancy from year-to-year,
from month-to-month, or for any other periodic basis according to which
rent is regularly payable; and
(2) Requirement of notice.
(a) A periodic tenancy or a tenancy at will can be
terminated by either the landlord or the tenant only by giving to the other
party written notice complying with this section, unless any of the following
conditions is met:
(b) A periodic tenancy can be terminated by notice under this
section only at the end of a rental period. In the case of a tenancy
from year-to-year the end of the rental period is the end of the rental
year even though rent is payable on a more frequent basis. Nothing
in this section prevents termination of a tenancy for nonpayment of rent
or breach of any other condition of the tenancy, as provided in s. 704.17.
(3) Length of notice. At least 28 days' notice 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.
(4) Contents of notice. Notice must be in writing, formal
or informal, and substantially inform the other party to the landlord-tenant
relation of the intent to terminate the tenancy and the date of termination.
A notice is not invalid because of errors in the notice which do not mislead,
including omission of the name of one of several landlords or tenants.
(5) Effect of inaccurate termination date in notice. If a
notice provides that a periodic tenancy is to terminate on the first day
of a succeeding rental period rather than the last day of a rental period,
and the notice was given in sufficient time to terminate the tenancy at
the end of the rental period, the notice is valid; if the notice was given
by the tenant, the landlord may require the tenant to remove on the last
day of the rental period, but if the notice was given by the landlord the
tenant may remove on the last day specified in the notice. If a notice
specified any other inaccurate termination date, because it does not allow
the length of time required under sub. (3) or because it does not correspond
to the end of a rental period in the case of a periodic tenancy, the notice
is valid but not effective until the first date which could have been properly
specified in such notice subsequent to the date specified in the notice,
but the party to whom the notice is given may elect to treat the date specified
in the notice as the legally effective date. If a notice by a tenant
fails to specify any termination date, the notice is valid but not effective
until the first date which could have been properly specified in such notice
as of the date the notice is given.
704.21 Manner of giving notice.
(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;
(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;
(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.
704.22 Service of process in residential tenancy on nonresident
party.
(1) A party to a residential tenancy in this state who is not a
resident of this state shall designate an agent to accept service of process
in this state for an action involving the tenancy. The agent shall
be a resident of this state or a corporation authorized to do business
in this state. If a party is a corporation, the agent is the corporation's
registered agent.
(2) Designation of an agent under sub. (1) shall be in writing and
filed with the department of financial institutions.
704.23 Removal of tenant on termination of tenancy.
If a tenant remains in possession without consent of the tenant's
landlord after termination of the tenant's tenancy, the landlord may in
every case proceed in any manner permitted by law to remove the tenant
and recover damages for such holding over.
704.25 Effect of holding over after expiration of lease; removal
of tenant.
(1) Removal and recovery of damages. If a tenant holds over
after expiration of a lease, the landlord may in every case proceed in
any manner permitted by law to remove the tenant and recover damages for
such holding over.
(2) Creation of periodic tenancy by holding over.
(a) Nonresidential leases for a year or longer.
If premises are leased for a year or longer primarily for other than private
residential purposes, and the tenant holds over after expiration of the
lease, the landlord may elect to hold the tenant on a year-to-year basis.
(b) All other leases. If premises are leased for less
than a year for any use, or if leased for any period primarily for private
residential purposes, and the tenant holds over after expiration of the
lease, the landlord may elect to hold the tenant on a month-to-month basis;
but if such lease provides for a weekly or daily rent, the landlord may
hold the tenant only on the periodic basis on which rent is computed.
(c) When election takes place. Acceptance of rent for
any period after expiration of a lease or other conduct manifesting the
landlord's intent to allow the tenant to remain in possession after the
expiration date constitutes an election by the landlord under this section
unless the landlord has already commenced proceedings to remove the tenant.
(3) Terms of tenancy created by holding over. A periodic tenancy
arising under this section is upon the same terms and conditions as those
of the original lease except that any right of the tenant to renew or extend
the lease, or to purchase the premises, or any restriction on the power
of the landlord to sell without first offering to sell the premises to
the tenant, does not carry over to such a tenancy.
(4) Effect of contrary agreement. This section governs except
as the parties agree otherwise either by the terms of the lease itself
or by an agreement at any subsequent time.
704.27 Damages for failure of tenant to vacate at end of lease or
after notice.
If a tenant remains in possession without consent of the tenant's
landlord after expiration of a lease or termination of a tenancy by notice
given by either the landlord or the tenant, or after termination by valid
agreement of the parties, the landlord may recover from the tenant damages
suffered by the landlord because of the failure of the tenant to vacate
within the time required. In absence of proof of greater damages,
the landlord may recover as minimum damages twice the rental value apportioned
on a daily basis for the time the tenant remains in possession. As
used in this section, rental value means the amount for which the premises
might reasonably have been rented, but not less than the amount actually
paid or payable by the tenant for the prior rental period, and includes
the money equivalent of any obligations undertaken by the tenant as part
of the rental agreement, such as payment of taxes, insurance and repairs.
704.29 Recovery of rent and damages by landlord; mitigation.
(1) Scope of section. If a tenant unjustifiably removes from
the premises prior to the effective date for termination of the tenant's
tenancy and defaults in payment of rent, or if the tenant is removed for
failure to pay rent or any other breach of a lease, the landlord can recover
rent and damages except amounts which the landlord could mitigate in accordance
with this section, unless the landlord has expressly agreed to accept a
surrender of the premises and end the tenant's liability. Except
as the context may indicate otherwise, this section applies to the liability
of a tenant under a lease, a periodic tenant, or an assignee of either.
(2) Measure of recovery.
(a) In this subsection, "reasonable efforts" mean
those steps that the landlord would have taken to rent the premises if
they had been vacated in due course, provided that those steps are in accordance
with local rental practice for similar properties.
(b) In any claim against a tenant for rent and damages, or
for either, the amount of recovery is reduced by the net rent obtainable
by reasonable efforts to rerent the premises. In the absence of proof
that greater net rent is obtainable by reasonable efforts to rerent the
premises, the tenant is credited with rent actually received under a rerental
agreement minus expenses incurred as a reasonable incident of acts under
sub. (4), including a fair proportion of any cost of remodeling or other
capital improvements. In any case the landlord can recover, in addition
to rent and other elements of damage, all reasonable expenses of listing
and advertising incurred in rerenting and attempting to rerent, except
as taken into account in computing the net rent under the preceding sentence.
If the landlord has used the premises as part of reasonable efforts to
rerent, under sub. (4) (c), the tenant is credited with the reasonable
value of the use of the premises, which is presumed to be equal to the
rent recoverable from the defendant unless the landlord proves otherwise.
If the landlord has other similar premises for rent and receives an offer
from a prospective tenant not obtained by the defendant, it is reasonable
for the landlord to rent the other premises for the landlord's own account
in preference to those vacated by the defaulting tenant.
(3) Burden of proof. The landlord must allege and prove that
the landlord has made efforts to comply with this section. The tenant
has the burden of proving that the efforts of the landlord were not reasonable,
that the landlord's refusal of any offer to rent the premises or a part
thereof was not reasonable, that any terms and conditions upon which the
landlord has in fact rerented were not reasonable, and that any temporary
use by the landlord was not part of reasonable efforts to mitigate in accordance
with sub. (4) (c); the tenant also has the burden of proving the amount
that could have been obtained by reasonable efforts to mitigate by rerenting.
(4) Acts privileged in mitigation of rent or damages. The
following acts by the landlord do not defeat the landlord's right to recover
rent and damages and do not constitute an acceptance of surrender of the
premises:
(a) Entry, with or without notice, for the purpose
of inspecting, preserving, repairing, remodeling and showing the premises;
(b) Rerenting the premises or a part thereof, with or without
notice, with rent applied against the damages caused by the original tenant
and in reduction of rent accruing under the original lease;
(c) Use of the premises by the landlord until such time as
rerenting at a reasonable rent is practical, not to exceed one year, if
the landlord gives prompt written notice to the tenant that the landlord
is using the premises pursuant to this section and that the landlord will
credit the tenant with the reasonable value of the use of the premises
to the landlord for such a period;
(d) Any other act which is reasonably subject to interpretation
as being in mitigation of rent or damages and which does not unequivocally
demonstrate an intent to release the defaulting tenant.
704.31 Remedy on default in long terms; improvements.
(1) If there is a default in the conditions in any lease or a breach
of the covenants thereof and such lease provides for a term of 30 years
or more and requires the tenant to erect or construct improvements or buildings
upon the land demised at the tenant's own cost and exceeding in value the
sum of $50,000, and such improvements have been made and the landlord desires
to terminate the lease and recover possession of the property described
therein freed from all liens, claims or demands of such lessee, the landlord
may, in case of any breach or default, commence an action against the tenant
and all persons claiming under the tenant to recover the possession of
the premises leased and proceed in all respects as if the action was brought
under the statute to foreclose a mortgage upon real estate, except that
no sale of the premises shall be ordered.
(2) The judgment shall determine the breach or default complained
of, fix the amount due the landlord at such time, and state the several
amounts to become due within one year from the entry thereof, and provide
that unless the amount adjudged to be due from the tenant, with interest
thereon as provided in the lease or by law, shall be paid to the landlord
within one year from the entry thereof and the tenant shall, within such
period, fully comply with the judgment requiring the tenant to make good
any default in the conditions of the lease, that the tenant and those claiming
under the tenant shall be forever barred and foreclosed of any title or
interest in the premises described in the lease and that in default of
payment thereof within one year from the entry of the judgment the tenant
shall be personally liable for the amount thereof. During the one-year
period ensuing the date of the entry of the judgment the possession of
the demised premises shall remain in the tenant and the tenant shall receive
the rents, issues and profits thereof; but if the tenant fails to comply
with the terms of the judgment and the same is not fully satisfied, and
refuses to surrender the possession of the demised premises at the expiration
of said year, the landlord shall be entitled to a writ of assistance or
execution to be issued and executed as provided by law.
(3) This section does not apply to a lease to which a local professional
baseball park district created under subch. III of ch. 229 is a party.
704.40 Remedies available when tenancy dependent upon life of another
terminates.
(1) Any person occupying premises as tenant of the owner of a life
estate or any person owning an estate for the life of another, upon cessation
of the measuring life, is liable to the owner of the reversion or remainder
for the reasonable rental value of the premises for any period the occupant
remains in possession after termination of the life estate. Rental
value as used in this section has the same meaning as rental value defined
in s. 704.27.
(2) The owner of the reversion or remainder can remove the occupant
in any lawful manner including eviction proceedings under ch. 799 as follows:
(a) If the occupant has no lease for a term, upon
terminating the occupant's tenancy by giving notice as provided in s. 704.19;
(b) If the occupant is in possession under a lease for a term,
upon termination of the lease or one year after written notice to the occupant
given in the manner provided by s. 704.21 whichever occurs first, except
that a farm tenancy can be terminated only at the end of a rental year.
