Wisconsin Month-to-Month Rental Agreement
A solid lease agreement is the best way for a property owner to rent out property. It sets the parameters for the relationship while protecting all parties. Fixed-term leases may be the most common type of lease because they establish a clear timeline for the rental, but Wisconsin month-to-month lease agreements offer a degree of flexibility that a fixed-term agreement doesn’t.
A month-to-month rental agreement creates a tenancy-at-will with no set expiration date. Instead, either party can cancel the lease at any time by providing the appropriate notice.
Wisconsin Month-to-Month Lease Agreement
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Wisconsin Lease Agreement
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Breaking a Lease in Wisconsin: Landlord/Tenant Guide 2024
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Wisconsin Month-to-Month Lease Laws
While month-to-month leases do not have an expressly set term, they must still follow all federal and local landlord-tenant laws in the same way. In this guide, we’ll review the differences between fixed-term leases and month-to-month leases.
To do so correctly, we’ll cover the following:
- Required disclosures
- Notices to terminate a Wisconsin month-to-month lease agreement
- Rent increases and limitations, if any
- Eviction procedures for month-to-month tenants
- Security deposit laws
- Pet deposits and pet rent
- Late fees for overdue rent
Required Landlord Disclosures (7)
Disclosures are essential to signing a lease. They allow landlords to highlight information to the tenant that the lease agreement might not otherwise include. In addition to the federal lead paint provision, the state legislature determines the required disclosures.
- Lead paint: Federal law requires all landlords to disclose the presence or knowledge of lead-based paint or lead-based paint hazards in all units constructed before 1978.
- Move-in checklist: When a tenant moves into a new unit, Wisconsin landlords must provide a move-in checklist to document the property’s features and condition at that time. Tenants have 7 days to return the checklist to the landlord (WI Adm. Code § 34.06(1)).
- Code violations: If the rental property has any current building or housing code violations, landlords must disclose them at lease signing (WI Adm. Code § 134.04(2)).
- Domestic abuse: Wisconsin landlords are required to present the tenant with specific language that explains the state-level protections for victims of domestic abuse when renting property (WI Stat. § 704.14).
- Landlord’s contact info: Landlords must disclose the name and address of the person responsible for managing the residential rental property (WI Adm. Code § 134.04(1)).
- Shared utilities: Wisconsin landlords must specify responsibility for utilities included in rent and those shared between units (WI Adm. Code § 134.04(3)).
- Nonstandard rental provisions: If the lease agreement includes “nonstandard” language, the landlord must inform the tenant (WI Adm. Code § 134.09).
Note: TurboTenant includes each disclosure in every lease agreement.
Required Notice to Terminate Month-to-Month Agreement
Since a Wisconsin month-to-month lease agreement has no specified end date, special notice is required to terminate it.
Required notice for landlord: 28 days’ written notice.
Required notice for tenant: 28 days’ written notice.
Rent Increase Laws
While landlords have more flexibility to raise the rent on a month-to-month lease than on a fixed-term lease, they must still follow proper guidelines. Since Wisconsin has no rent control laws, landlords can raise rent on a month-to-month tenant by giving them 28 days’ written notice before the increase takes effect.
Rent Payment Laws
Grace period: Wisconsin does not impose a mandatory grace period for rent payments.
Late rent fees: Landlord-tenant law does not regulate late fees in Wisconsin, but if a landlord intends to include them, they should specify that information in the lease agreement.
Tenant’s right to withhold rent: If the landlord does not quickly remedy a condition that threatens the health and safety of the tenant, they may withhold rent (WI Stat. § 704.07(4)).
Pet rent laws: Wisconsin landlords can charge additional pet rent fees, and the Wisconsin legislature doesn’t regulate the amount.
Security Deposit Rules
Maximum security deposit: Wisconsin does not limit the amount landlords can charge for security deposits.
Security deposit receipt: Wisconsin landlords must give the tenant a receipt when they collect the security deposit unless the tenant pays it by personal check (WI Adm. Code § 134.03(2)).
Deduction tracking: Landlords in Wisconsin are allowed to withhold security deposit funds to cover unpaid rent costs or repair damage beyond normal wear and tear. If done, the landlord should provide the tenant with an itemized list of the deductions (WI Stat. § 704.28(1)).
Returning a tenant’s security deposit: The security deposit funds should be returned to the tenant within 21 days of the tenant’s move-out (WI Stat. § 704.28(4)).
Pet deposit rules: Wisconsin landlords can charge a deposit for pets with no limitations.
Property Access Regulations
Advance notice: Wisconsin landlords must give tenants at least 12 hours’ notice before entering the unit, and entry must be within reasonable times for fair reasons (WI Adm. Code § 134.09(2)).
Immediate access: In Wisconsin, landlords may enter a tenant’s unit without notice only in cases of emergency (WI Stat. § 704.05(2)).
Landlord harassment: Landlords that repeatedly enter a tenant’s unit outside of Wisconsin law could be subject to claims of landlord harassment, which could allow the tenant to sue for damages or end the lease early (WI Stat. § 704.07(4)).
Rental Agreement Violations
Missed rent payment: If a tenant misses a rent payment, landlords may deliver a 5-day Notice to Pay or Quit. If the tenant misses a second payment within a calendar year, the landlord may issue a 14-day Notice to Quit immediately and terminate the lease agreement (WI Stat. § 704.17(2)(a)).
Lease violation: If a tenant violates the terms of the lease, landlords may deliver a 5-day Notice to Comply or a 14-day Notice to Quit. Wisconsin landlords are not required to allow the tenant to cure the violation (WI Stat. § 704.17(2)(b)).
Self-help evictions: Evicting a tenant on your own and without following the state’s eviction procedures is illegal. Self-help evictions are never allowed.
Lease abandonment: If a tenant leaves the property before the lease expires, they may be responsible for the entire rent remaining on the term. Wisconsin landlords must reasonably try to re-rent the unit and release the previous tenant from rent responsibility.
Wisconsin Month-to-Month Lease Agreement FAQs
What is a Wisconsin month-to-month lease agreement?
A Wisconsin month-to-month lease agreement does not have a specific end date; instead, it renews automatically each month until either party cancels it. (You can find legally reviewed lease templates when you sign up for a free TurboTenant account.)
What’s the difference between a fixed-term lease and a month-to-month agreement?
A fixed-term lease has an end date and cannot be broken unless the tenant meets a qualifying condition. A Wisconsin month-to-month lease agreement is more flexible. It allows landlords and tenants to continue the relationship until one party ends the arrangement.
How to end a Wisconsin month-to-month lease agreement?
Either party can terminate a Wisconsin month-to-month lease agreement by providing 28 days’ written notice.
