How much notice should a tenant give in Wisconsin?

Question

I own a duplex and have really good renters. When I was going through a horrible divorce, their lease ended and I never got around to renewing their lease... so I decided to leave it as month to month since they are so good. I do not know very much about this whole "landlord" buisness. Well, 2 days ago on the 25th, the renter told me that they are moving and want to be moved out by July 6th...so they are giving me an 11 day notice. In Wisconsin are they suppose to give a longer notice when it is month to month even if I do not have a lease written up? Can I still get July rent from them? Also I do not have a security deposit for them... my ex said he never got their security deposit when he bought the place. Does anyone know what I should do and what they laws are? Thanks.

Answer 1

Notice must be in writing - not verbal. So you have not received proper legal notice.



Notice must be at least 28 days. Since the tenant is wanting to give notice, they are liable for rent until the last day of the rental period (month of July).



If your tenant is to give you proper written notice anytime between today and July 3rd, the tenant is responsible for the full months rent. They can move out early, if they choose, but still have to pay for the full month.





704.19 Notice necessary to terminate periodic tenancies and tenancies at will



(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.

Answer 2

Not sure about Wisconsin but I'll bet they need to give 30 days notice (possibly more). However, with no deposit to withhold and no lease, any court is going to look at this, and listen to whatever the renter might think up (possibly make up) and conclude that this is a real mess. Also, even if you get a judgement how you going to collect it with no deposit to withhold?



If it were me, I'd just let them go and then do things right with the next tenant (and get a property management company if you don't feel qualified to do this). You probably have a case and therefore can maybe negotiate a bit (tell them if they pay an extra week you'll forget that they left early and give really good references to the next place they go). However, when push comes to shove, I don't think suing them with no lease or deposit it a really winning formula, it may work, but I suspect the court will have trouble giving you anything (and since your ex did much of the negitiations they could always say they agreed with them on different conditions and you'll be hard pressed to counter this).

Answer 3

Wisconsin law requires a thirty day notice for termination of a month-to month tenancy. Since you were informed on the 25th of June, the notice has the same effect as being tendered on June 30. You are entitled to the full month of July's rent, since Wisconsin law does not provide for proration of the rental period.



However, if these tenants paid a security deposit to a former owner and your husband failed to get that deposit from the former owner, you ARE responsible for it.

Answer 4

Few things



1. Most importantly on the security deposit matter, if the tenant can produce a receipt for the security deposit given to the old landlord when they moved into the unit, then its immaterial if your ex failed to get that monies at closing and you the current landlord is liable for that monies period, so you may owe monies that you never received but hopefully not



2. Under your state statute they must give a month notice so at this point if they gave notice in June they are liable for July's rent



3. if they do not agree then you will have to sue just beware of the SD issue

Answer 5

First thing: The lease normally reverts to a m2m with all clauses intact except the term. So dig out that expired lease.



Second: Thirty days notice is the norm.



Third: So many people get involved in property management that don't seem to have a clue about what they're doing. I suggest going to www.amazon.com and typing "landlording" in the search window. The last time I did that I got 200 hits. You can look at the reviews and then go to your library and see which ones they have.

Answer 6

I'm not sure because you didn't really have a written lease. you should def. call around to find out what you are entitled to do.



about the rent, again, because you didnt have a written lease, you may not be able to get the full rent for the month, instead you may get paid for the number of days that they were there.