Part 4: Non-Renewal Notices
When is a non-renewal notice required?
It varies depending on the type of rental agreement.
In a lease with a term, notice is NOT required. Unless there is an automatic renewal provision, the lease is assumed to end on the end date.
In a periodic month-to-month tenancy, written notice IS required. From landlord to tenant or vice versa, at least 28 days written notice must be given to the other party. Wis. Stat. 704.19 explains specific rules of how that notice must be given.
In a tenancy at will, written notice is required in the same manner as a periodic tenancy above.
Does there need to be a reason for non-renewal? What is allowed?
With only some exceptions, and as long as notice was given properly, landlords and tenants do NOT have to give a reason for choosing not to renew a lease in Wisconsin. However, there are two types of reasons a landlord is not allowed to give a non-renewal notice.
Discrimination means giving tenants different treatment because they are different from other tenants in a way that is protected by the government. A landlord cannot give a non-renewal, and cannot choose to not renew a lease, for reasons that are discriminatory.
Retaliation means that the landlord opted to not renew a lease because a tenant asserted or attempted to assert their rights as tenants. A landlord cannot give a non-renewal, and cannot choose to not renew a lease, for reasons that are retaliatory.
How must a non-renewal notice be given?
A non-renewal notice must be in writing, even if the original agreement wasn't.
At least 28 days notice must be given - it can be longer, but can NOT be shorter.
The notice must end on the last day of a rental period. This means that if a 28-day non-renewal notice is given in the middle of a rental period, the end of the rental agreement may extend one period further.
For example, in a month-to-month tenancy with rent due on the first of the month, if a 28-day non-renewal notice is given on Nov 15th, the rental agreement ends on Dec 31st since 28 days after Nov 15th is not the end of the month. The tenant can remain in the unit through Dec 31st, and December rent is still due.
Where can I learn more about my rights on lease renewals?
Learn More at TRC!
tenantresourcecenter.org/notice_when_ending_a_tenancy
tenantresourcecenter.org/how_to_end_your_lease
Or visit our office! See website for locations.
How does non-renewal of leases work? What kind of notices must be given? 🪧
Part 2 of our Know Your Rights quick guide is here to answer your questions on non-renewal notices! As always, check out our website for even more information, or visit our office.
