Update On Notices Available To Wisconsin Landlords In Residential Tenancies
Written by Atty. Jennifer Hayden of Pettit Law Group S.C.
By statute, there are several types of notices that a landlord can serve on a tenant if the tenant commits a breach of their Residential Rental Agreement or when the landlord wishes to terminate the tenancy. If your Residential Rental Agreement with the tenant specifies something different, you would want to use the longer notice period.
Most of these notices can be used in periodic tenancies (such as a month-to-month tenancy) as well as a lease for the term (such as a 12-month lease) but under different circumstances. Please be aware that some notices can only be used in periodic tenancies, while others can only be used in leases for term. Most of the notice types cannot be used in a lease for over one year unless the landlord and tenant agree in writing, usually in the Rental Agreement, that specifies that the landlord can serve either a 5-day or 14-day Notice, which we refer to as the “saving language.”
5-DAY NOTICE TO PAY RENT
Lease for Term (i.e., a lease for a term of one year or less or leases for more than a year with “saving language”)
Yes (Sec. 704.17(2)(a), Wis. Stats.)
Periodic Tenancy (i.e., month-to-month)
Yes (Sec. 704.17(1p)(a), Wis. Stats.)
14-DAY NOTICE TERMINATING TENANCY FOR FAILURE TO PAY RENT
Lease for Term (i.e., a lease for a term of one year or less or leases for more than a year with “saving language”)
Yes, but only if the tenant was served with a 5-day Notice To Pay Rent within the prior 12 months (Sec. 704.17(2)(a), Wis. Stats.)
Periodic Tenancy (i.e., month-to-month)
Yes (Sec. 704.17(1p)(a), Wis. Stats.)
5-DAY NOTICE TO CORRECT BREACH (other than for non-payment of rent) OR VACATE
Lease for Term (i.e., a lease for a term of one year or less or leases for more than one year with “saving language”)
Yes (Sec. 704.17(2)(b), Wis. Stats.)
Periodic Tenancy (i.e., month-to-month)
Yes (Sec. 704.17(1p)(b)(1), Wis. Stats.)
14-DAY NOTICE TERMINATING TENANCY FOR BREACH (other than non-payment of rent)
Lease for Term (i.e., a lease for a term of one year or less or leases for more than a year with “saving language”)
Yes, but only if the tenant was served with a 5-day Notice To Correct Breach in the prior 12 months (Sec. 704.17(2)(b), Wis. Stats.)
Periodic Tenancy (i.e., month-to-month)
Yes
5-DAY NOTICE TERMINATING TENANCY FOR CRIMINAL ACTIVITY
Lease for Term (i.e., a lease for a term of one year or less or lease for a term of one year or more)
Yes (Sec. 704.17(3m)
Periodic Tenancy (i.e. month-to-month)
Yes (Sec. 704.17(3m)
5-DAY NOTICE TERMINATING TENANCY FOR DRUG OR GANG NUISANCE
Lease for Term (i.e., a lease for a term of one year or less or lease for a term of one year or more)
Yes (Sec. 704.17(2)(c) and 704.17(3)(b) Wis. Stats.)
Periodic Tenancy (i.e., month-to-month)
Yes (Sec. 704.17(1p)(c), Wis. Stats.)
5-DAY NOTICE TERMINATING TENANCY OF IMMINENT THREAT OF SERIOUS PHYSICAL HARM
Lease for Term (i.e., a lease for a term of one year or less or lease for a term of one year or more)
Yes (Sec. 704.16(3))
Periodic Tenancy (i.e., month-to-month)
Yes (Sec. 704.16(3))
28-DAY NOTICE
Lease for Term (i.e., a lease for a term of one year or less or lease for a term of one year or more)
No
Periodic Tenancy (i.e., month-to-month)
Yes (Sec. 704.19, Wis. Stats.)
30-DAY NOTICE FOR NON-PAYMENT OF RENT OR OTHER BREACH
Lease for Term (i.e., a lease for a term of one year or less or lease for a term of one year or more)
Should only be used in leases for more than one year that do not contain “saving language”. (Sec. 704.19(3)(a))
Periodic Tenancy (i.e., month-to-month)
No
NOTICE OF NON-RENEWAL (or Letter Non-Renewing Tenancy)
Lease for Term (i.e., a lease for a term of one year or less or lease for a term of one year or more)
Yes, to notify the tenant that you will not be renewing their lease. Must be served just like a 5-day or 14-day notice.
Periodic Tenancy (i.e., month-to-month)
No. For a periodic tenancy, you would issue a 28-day Notice instead of a Notice of Non-Renewal.
IMPLICATIONS OF THE CARES ACT ON NOTICE OPTIONS
As outlined in the November 21, 2024, blog post by Atty. Gary D. Koch of Pettit Law Group S.C., the 30-day Notice Requirement for “Covered Dwelling Units” is still law and will alter your ability to serve a 5-day, 14-day, or 28-day Notice to tenants in “Covered Dwellings.”
As Wisconsin law requires notices to be AT LEAST 5, 14, or 28 days, a notice is not invalid if it provides a tenant with more time. Thus, there is no penalty for complying with the provisions of the CARES Act, even if you were not required to do so. It may be beneficial to err on the side of compliance with the CARES Act when issuing notices if you are unsure if your rental property is a “Covered Dwelling.”
We have maintained that a “curable” 30-day Notice can be used in place of a 5-day Notice and that a “non-curable” 30-day Notice can be used in place of a 14-day Notice to comply with both the CARES Act and Wisconsin Statutes. Some tenant advocates have maintained that all notices under the CARES Act must be curable, but they have not provided our law firm with any support for that assertion.
Written by Atty. Jennifer Hayden of Pettit Law Group S.C.