Notices Available To Landlords In Residential Tenancies
There are several types of notices that a landlord can serve on a tenant when a landlord wishes to terminate the tenancy or when a tenant commits a breach of their residential rental agreement. Most of these notices can be used in both periodic tenancies -- like a month to month -- and a lease for term -- like a 12 month lease -- but under different situations. But there are some notices that can only be used in a periodic tenancy and others that can only be used in term leases.
In an effort to clarify under what circumstances you can use each notice I have put together this table for your reference.
| LEASE FOR TERM (i.e.
1 year lease or less) |
PERIODIC TENANCY (i.e.
month to month) |
|
| 5 Day Notice To Pay Rent or
Vacate |
Yes (Sec. 704.17(2)(a),
Wis. Stats. |
Yes (Sec. 704.17(1)(a), Wis. Stats.) |
| 14 Day Notice
Terminating Tenancy For Failure To Pay Rent |
Yes
but only if tenant
served with 5 Day Notice To Pay Rent in previous 12 months (Sec.704.17(2)(a), Wis. Stats.) |
Yes
(Sec. 704.17(1)(a), Wis. Stats.) |
| 5 Day Notice To Correct Breach (other than non-payment of rent)or Vacate | Yes
(Sec. 704.17(2)(b), Wis. Stats.) |
No |
| 14 Day Notice Terminating Tenancy for
Breach (other than non-payment of rent) |
Yes
but only if tenant served with 5 Day Notice To Correct Breach in
previous 12 months (Sec. 704.17(2)(b), Wis. Stats.) |
Yes (Sec. 704.17(1)(b), Wis. Stats.) |
| 5 Day Notice Terminating Tenancy for Drug
or Gang Nuisance |
Yes
(Sec. 704.17(2)(c), Wis. Stats.) |
Yes (Sec. 704.17(1)(c), Wis. Stats.) |
| 28 Day Notice | No | Yes (Sec. 704.19, Wis. Stats.) |
NOTE: I have chosen not to include a 30 day notice which must be used in leases for more than 1 year in most situations as residential leases greater than 1 year are infrenquently used.
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