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.


Asked on 3/17/09, 12:55 pm

1 Answer from Attorneys

Thomas Olson David F. Gram & Associates, LLC

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.

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Answered on 3/17/09, 1:17 pm


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