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#1 by Debbie on June 14th, 2010
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Love this site! Thank you!
I have a question regarding ‘automatic renewal’ clause in a lease. The Property I manage, was purchased by owner I work for and many existing leases had an automatice renewal clause. If we do NOT notify does it still auto renew or does it go month to month. We have let them go with out notifing expecting they would automaticly be on Month-to-month status. Is this correct or does it have to state that in the terms of the lease? [this lease does not state that]
#2 by Tristan R. Pettit, Esq. on June 15th, 2010
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Debbie – Thank you for your kind words. I am glad that you find my blog helpful.
Automatic renewal clauses are not enforceable unless the landlord provides the tenant with the proper notice of the auto renewal. Proper notice would be giving the tenant at least 15 days but no more than 30 days notice on top of any required notice set forht in the rental agreement.
For instance, lets say you had a lease that automatically renews for another year. At least 15 days before the end of the lease but no more than 30 days you must notify the tenant in writing that the lease will auto renew. This “notice” period reminds the tenant that if they don’t do something proactive (i.e. give you notice that they are leaving or otherwise move out) that they will be on the hook for another year.
If you properly notify the tenant of the renewal and then 1 month into the new lease the tenant vacates, you can hold the tenant responsible for the remainder of the lease (subject to your duty to mitigate). If you fail to give the tenant the notice and the tenant still vacates 1 month later then you will not be able to enforce the auto renewal of the lease against the tenant.
#3 by James Trentadue on January 18th, 2011
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I just attended the seminar tonight and thought it was very informative. Great job!!! I was under the impression the forms on Wisconsin legal blank were free. Did I misunderstand or am I just looking in the wrong section?
#4 by Tristan R. Pettit, Esq. on January 18th, 2011
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James — thanks for attending the meeting and I am glad that you enjoyed it.
Wisconsin Legal Blank is a printer and legal forms retailer. They do sell the landlord-tenant law forms, which I draft for them, for a price. The price is very reasonable however and you can rest assured that the forms are legal in Wisconsin unlike many of the rental forms sold elsewhere.
T
#5 by Peter on June 9th, 2011
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Great site, but your subscribe button appears to be broken.
#6 by Kara on July 5th, 2011
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Tristan,
Can I use the 5 DAY notice to pay rent or vacate if the tenant has signed a lease for longer than one year, but is only in their 4th month of tenancy and has failed to pay rent in full for the first time within one year? Or, am I required to give them 30 days simply because their lease length is longer than one year?
Also, your blog subscription link is indeed broken:)
Kara
#7 by Tristan R. Pettit, Esq. on July 5th, 2011
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Kara – Thank you for letting me know about the broken subscription button — I will have our IT vendor look into that.
If a tenant breaches a lease for more than 1 year then a 30 day notice must be used unless the parties consented to a different notice period in writing and is signed by both parties.
If you are using the rental agreement that I draft for Wisconsin Legal Blank Co., there is such language included that if the tenant signed the rental agreement, would allow you to serve a 5 day notice or 14 day notice, even if the lease is for more than 1 year.
If you are using a different rental agreement then you will need to see if such language is included that would alloow you to serve something other than a 30 day notice. If not, you are stuck with a 30 day notice.
#8 by Kara on July 5th, 2011
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Hooray! I used your rental agreement! So, if I understand you correctly, I can use the 5 day notice. Right?
While fretting about various notices to serve, I looked on WI Legal Blank’s website and didn’t find a 30 day notice. Just an FYI.
Thanks for all of your help. I hope that I can repay you someday by needing an attorney. At the same time, you have helped me (several times) not need to hire you. Thanks!
Kara
#9 by Tristan R. Pettit, Esq. on July 6th, 2011
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Yes, you can use a 5 day in that case.
Since residential landlrods do not want to have a lease for more than 1 year — we have decided that selling a 30 day notice at WLB will only confuse purchasors since 30 day notices are rarely used.
T
#10 by Terri on August 12th, 2011
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My tennants decided to take the phrase you can caulk the bathroom as you can do what ever you please & I will pick up the tab. After looking at the tub the tennant decided to look at the sink and vanity. It was water damaged and he decided to remove it without permission or notifying me. Am I on the hook for the replacement costs? Is there a statute or law that covers this? I think the tennant should pay half if not more.
Thanks.
#11 by Tristan R. Pettit, Esq. on August 12th, 2011
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Sammy — Thanks for your question. Did this occur in Wisconsin? Each state has its own laws so I can’t answer your question for any state other than Wisconsin. In Wisconsin, what you described would most likley be considered to be damage which a landlord can sue a tenant for or deduct from tenant’s security deposit. If the person is still a tenant, it may also be a brach of their rental agreement and as such may be a basis to evict the tneant. You should consult with an attorny in your jurisdiction to explore your options
T
#12 by Terri on August 22nd, 2011
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FYI: Yes this took place in Wisconsin, Milwaukee County.
#13 by Marcy on August 23rd, 2011
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Love the site! I have been using it often.
I have a tenant who pays a portion of his rent and balance is paid by section 8 housing. I only signed a month to month with him because of a variety of issues. I gave him 60 day notice to leave premises. He claims that I am “evicting” him because he is disabled and he will fight me and win in court because he is disabled. Although I cannot sue “section 8″ should I still evict him if he “holds over”? I have avoided even re-renting unit because I fear he will not leave. Is he correct? Will they give me trouble in court because he is “disabled”? He has lists and lists of items he said he can “fight” us with, but basically I feel that in court all I have to prove is that I gave him proper notice, he didn’t pay his rent, etc. Is that correct? Section 8 told me to evict him if he doesn’t move out, but told me they will not continue to pay their portion of the rent once the notice has expired. I really don’t care about the rent for a month or two-I just want him out. Any suggestions?
#14 by Tristan R. Pettit, Esq. on August 29th, 2011
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Marcy — I cannot give leagl advice via this blog. You should retain and consult with an attorney since there is a chance that this tenant will sue you for discrimination and/or file a discrimination complaint with the feds or state.
#15 by Sarah on December 14th, 2011
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Tristin,
I currently have a tenant in WI in which their lease will expire the end of January 2012. I do not want to continue the lease due to the following: they keep the premise very dirty, and they pay their rent late the majority of the time. I have never given them a notice of late rent. I have done a few inspections of the property (never taken pictures) but have had to have them fix a few things already. Can I and how should I let them know that their lease will not be renewed? Thx
#16 by Tristan R. Pettit, Esq. on December 22nd, 2011
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Sarah — A landlord is allowed to non renew a tenant’s lease (unless it is a section 8 site-based project tenant or a tenant living in a mobile home) for any reason or no reason at all as long as the reason is not discriminatory or retaliatory. So you do have the right to not renew your tenant’s lease if this is a market rate rental. You are not required to provide a reason for non-renewal to the tenant if it is a market rate rental.. You just want to insure that the reason you are not renewing is not discriminatory or retaliatory.