Wisconsin Renewal Option Provision

State:
Multi-State
Control #:
US-OL24014
Format:
Word; 
PDF
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Description

This office lease clause provides the tenant with two consecutive renewal options each consisting of five years, under the same terms and conditions as those set forth in the lease for the initial term, except that Base Rent for the renewal terms differ.

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FAQ

If the lease provides that it will be automatically renewed or extended unless you give advance notice of termination, the landlord must ?remind? you of the provision at least 15-30 days in advance of the notice deadline, Wis. Stat.

Removal from premises The landlord may not confiscate your personal belongings, turn off your utilities, lock you out of your apartment, or use force to remove you. If the small claims court judge rules in the landlord's favor, the judge may issue a court order requiring you to leave the property.

The Wisconsin law that governs the use of these type of clauses can be found in Section 134.49 of the Wisconsin Statutes. It requires businesses to notify customers of automatic renewal provisions in business contracts.

If the seller does not provide timely notice with the required disclosures, the automatic renewal provision is not enforceable and the contract will terminate at the end of its current term.

Generally, a landlord can terminate a lease without reason at the expiration of the lease term. That means your landlord is under no obligation to renew your lease or allow you to stay on the property for additional time unless you are able to invoke an anti-retaliation law.

Withholding Rent: If the landlord refuses to eliminate a condition hazardous to the health or safety of the tenant, the tenant may either move out or take a rent abatement to match the extent to which the tenant is deprived of full normal use of the unit. Tenants may not withhold rent in full (WI Stat. § 704.07(4)).

Wis. Stat. 704.15 says that a landlord must give written notice to the tenant within 15-30 days before when the tenant's non-renewal notice is due, informing the tenant of their right to stop the automatic renewal process.

An option to renew confers on the tenant a right to continue to rent the property for a fresh term after the expiry of the current term, i.e. to renew the existing tenancy. With an option to renew, the tenant obtains another term of tenancy and the landlord is somewhat secured with rental income as agreed beforehand.

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Wisconsin Renewal Option Provision