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By: Davis Runde

When a landlord offers their property for rent and puts pen to paper with a tenant, the hope is that the landlord-tenant relationship will be harmonious and beneficial for both parties. Unfortunately, that is not always the case. The tenant may miss rent payments, may host loud parties that disturb the neighborhood, or commit crimes on the property, all common breaches of standard leases. 

When these breaches occur – often occurring on multiple occasions – a landlord may feel like it is time to terminate the tenancy. To do so, the landlord must be careful to follow the proper steps, first and foremost of which, is the Notice of Termination. 

The type of notice that is required to be served on your tenant hinges on the type of lease you have with your tenant. This column will address what notices are required under the most common types of leases, and how to go about serving the notice. 

Sidebar: If the landlord’s reason for terminating the tenancy is due to the property becoming a nuisance due to drug use, gang activity, or criminal activity occurring on the property, special rules apply. Under such circumstances, contrary to some of the provision discussed below, the landlord will only have to provide a 5-day non-curable notice of termination to the tenant. 

Month-to-Month 

For a month-to-month lease, upon the first breach of the lease, the landlord can choose to issue one of two types of notices, 1) a 5-day curable notice terminating the tenancy, which gives the tenant the option to either cure the breach or vacate the premises, or 2) a 14-day non-curable notice terminating the tenancy. 

The landlord can also issue a 28-day notice terminating the tenancy for any reason, or no reason at all. This essentially is just a nonrenewal of the month-to-month lease. The only exception to this option is that a landlord cannot terminate a tenancy for discriminatory reasons, such as reasons related to the tenant’s race, family status, religion, etc.

If following these notices, the tenant has not cured the breach or vacated the property, the landlord may initiate an eviction action. 

Leases for One-Year or Less

For leases that are year-to-year or less, a landlord has the same notices available to them, but there are restrictions on when exactly the notices can be given. 

A landlord must first issue a 5-day curable notice to their tenant, regardless of if the tenancy is being terminated for a breach for nonpayment of rent or rather a breach unrelated to rent. If the tenant fails to cure the breach, the landlord may then begin the eviction action. 

If the tenant does in fact cure the breach following the 5-day notice and the tenant once again commits the same type of breach within one year of the first breach, the landlord can then issue a 14-day notice terminating the tenancy which does not provide the tenant the right to cure. If the tenant fails to vacate the property following the 14-day notice, the landlord may then begin the eviction action. 

Alternatively, a landlord may also issue a 28-day notice terminating the lease, but such would only be able to provide that the lease will not be renewed, essentially terminating the tenancy at the end of the lease term.

Leases Longer than One-Year

Absent a contrary provision in the lease, a landlord must issue a 30-day notice to terminate a lease that is longer than year, no matter what type of breach has occurred. For these types of tenancies, it is possible for the lease to provide an alternative method of termination, such as 5-day and 14-day notices, so it is important to review the lease in full and know which type of notice options you have available. 

How to Serve the Notice of Termination

Thus far, a landlord may have determined what notice they want or need to serve. Now the landlord must address the question of how they serve the notice.

This process is detailed in Wis. Stat. § 704.21, and offers the landlord the option of serving the notice through:

  • Personal service;
  • Substitute service; 
  • Posting and mailing the notice after diligent attempts at personal or substitute service;
  • Sending certified or registered mail; or
  • By any other authorized method for service of a summons.

Additionally, in 2017, Wisconsin created Wis. Stat. § 799.40(1g), which states that if a landlord serves notice terminating a tenancy via certified or registered mail, the proof of the certified mailing “shall be sufficient to establish that proper notice has been provided for the purposes of filing a complaint or otherwise demonstrating that proper notice has been given in an eviction action, and an affidavit of service may not be requested to establish that proper notice has been provided. “

Therefore, often, the easiest and most effective means of service for a landlord is through certified or registered mail; this is because there is no requirement that the tenant actually receive the notice under this method of service. Thus, a landlord may send the notice via certified or registered mail to the tenant’s last known address. The only minor downfall to this method is that the notice is not considered given until the second day after the day of mailing, per Wis. Stat. § 704.19(7). Most landlords, however, are willing to wait the extra days for the benefit of not having to overcome an argument of nonreceipt of the notice.

The only practical caveat, however, is that if the tenant does not receive the notice, the action specified or required in the notice (payment of rent or curing a breach), is unlikely to occur. The hope of the notice is not just to comply with the law, but also for the tenant to take remedial action and cure the breach. It is often the best result for the tenant to actually receive the notice and cure the breach rather than having to proceed with an eviction action. 

Like landlords, we hope the landlord-tenant relationship does not get to this point. However, if it does, these are important steps to follow. Any good lawyer will stress the importance of proper procedure being followed, and a landlord should be careful to abide by the notice requirements prior to filing for an eviction. If you are a landlord questioning how to go about getting a bad tenant out of your property, consider calling an attorney for advice on how to properly do so. 

Davis Runde is an attorney with Weld Riley, S.C.. Davis is a Wausau native and is a member of Weld Riley, S.C.’s Labor & Employment, Business, and Municipal Law Sections. Prior to joining Weld Riley, S.C., Davis served as an Assistant District Attorney in Marathon County where he was awarded for Outstanding Achievement Supporting Survivors of Domestic Violence.