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Notices Available To Landlords In Residential Tenancies

Posted by Tristan R. Pettit, Esq. in Notices / Comments

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 VacateYes

(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 NoticeNoYes (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.

IF YOU WOULD LIKE TO PRINT OUT A COPY OF THIS SUMMARY JUST CLICK HERE.

Tristan is the Executive Vice President and shareholder with the law firm of Petrie+Pettit and focuses his practice in the area of landlord-tenant law representing landlords and property management companies throughout Wisconsin.