Legal Question in Real Estate Law in Wisconsin
Lease agreement
Do we have an oligation to pay for two months of rent for a sixty day notice when we didn't sign a renewal when our year lease was up, but instead went to a month to month lease. And didn't sign anything for the month to month either.
1 Answer from Attorneys
Re: Lease agreement
The original 60 day notice provision in the lease no longer applies when the lease ends and the tenant holds over (stays in possession) creating a month to month tenancy. Wis. Stat. 704.19 applies as to how this type of tenancy is terminated as follows:
704.19(2)(b)1.
1. A periodic tenancy can be terminated by notice under this section only at the end of a rental period. . . .
(3) Length of notice. At least 28 days' notice must be given. . .
So you must give at least a 28 day notice effective at the end of a rental period (usually the end of a month. Even if you do not give such notice you are still responsible for the period that the notice would become effective.