How can a tenancy be terminated in the State of Wisconsin?
For a periodic tenancy or tenancy at will, the landlord may terminate the tenancy by giving the tenant at least 28 days written termination notice. The tenant must also give at least 28 days notice unless a longer notice period was agreed to. A written termination notice may be served in person or by certified or registered mail.
A fixed term lease terminates automatically at the end of the lease, unless the rental agreement specifies otherwise. If the lease provides that it will be automatically renewed or extended unless the tenant gives advance notice of termination, the landlord must remind the tenant of that provision at least 15-30 days in advance of the notice deadline, otherwise, the automatic renewal or extension may not be enforceable.
Both the landlord and the tenant may agree to end the lease prior to the termination date, by written agreement signed by both parties.
On what grounds can a landlord evict a tenant?
A tenant who fails to pay all of the rent when it is due (even if only 1 day late), or who breaks the terms of the rental agreement, or who causes damage to the premises, is at risk of being evicted.
For a month-to-month or week-to-week tenancy, the landlord may give either a written 5-Day Quit or Pay Rent Notice, or a 14-day written notice to vacate the property.
5-Day Notice. The 5-Day Notice gives the tenant 5 days to pay the rent or move out within the 5-day period. If the tenant pays, the tenancy continues. This notice can also be used for violations of the rental agreement or for material damage to the property.
14-Day Notice. The 14-Day Notice states that the tenancy has ended and sets out the grounds for termination. This notice does not offer a tenant the option of paying the rent and staying in the premises. If the landlords wants to evict a tenant for violation of the rental agreement, a 14-day notice is usually given.
For year-to-year periodic tenancies or for fixed term leases of a year or less, the landlord may serve a 5-day written notice. If the tenant pays the rent within 5 days, the tenancy continues. If the tenant fails to pay the rent again within the following 12 months, the landlord may then give a 14-day termination notice for failure to pay rent without giving the tenant another opportunity to continue the tenancy. If a 5-day notice is given for breach of the rental agreement, the tenant may remain in the premises if he/she cures the breach and complies with the terms of the agreement. If a tenant breaks any rule or causes damage within the following 12 months, the landlord may give a final 14-day termination notice specifying the breach or damage.
If the tenant has signed a lease for more than 1 year, the landlord must give a 30-Day Pay or Vacate Notice.
Landlords are now allowed to evict tenants for nuisances related to drugs. The tenant is given a 5-day notice to vacate. If the tenant contests the eviction, the landlord must have a written notice from a law enforcement agency, stating that the nuisance exists.
if a tenant refuses to vacate the premises after the tenancy is terminated, the landlord may start an eviction action in Small Claims Court. The tenant will be served with a summons to appear in court. Both sides can present their evidence and the judge will make a decision regarding the eviction. If the court rules in the landlord’s favor, the judge may issue a court order requiring the tenant to leave the property. Only the County Sheriff may remove a tenant and his/her belongings from the premises, if necessary. The landlord may not confiscate the tenant’s belongings, turn off the utilities, lock a tenant out or use force to remove a tenant.
If the court determines that a tenant has wrongfully overstayed, the landlord may be awarded twice the amount of rent, prorated on a daily basis, for each day the tenant has unlawfully remained in the premises.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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