Can my landlord terminate my rental agreement for unpaid rent?

Full question:

I live in a rented house in Wisconsin. I have a monthly tenancy agreement with the landlord. I have not been able to pay my rent this month. Can my landlord terminate the rental agreement?

  • Category: Landlord Tenant
  • Subcategory: Lease Termination
  • Date:
  • State: Wisconsin

Answer:

In Wisconsin, if you have a month-to-month rental agreement and fail to pay rent, your landlord can terminate the tenancy. The landlord must provide you with a notice that requires you to either pay the overdue rent or vacate the property. This notice must give you at least five days to pay the rent. If you do not pay within that time, the landlord can terminate the agreement.

Additionally, if you are in default on rent, the landlord can give you a notice asking you to vacate the rental premises. This notice must allow you at least fourteen days to move out. The relevant law is found in Wis. Stat. § 704.17, which states:

“(a) If a month-to-month tenant or a week-to-week tenant fails to pay rent when due, the tenant's tenancy is terminated if the landlord gives the tenant notice requiring the tenant to pay rent or vacate on or before a date at least 5 days after the giving of the notice and if the tenant fails to pay accordingly. A month-to-month tenancy is terminated if the landlord, while the tenant is in default in payment of rent, gives the tenant notice requiring the tenant to vacate on or before a date at least 14 days after the giving of the notice.”

In your case, the landlord may terminate your monthly tenancy under this statute.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Owners have legal title to a property, giving them the right to occupy, sell, or lease it. Renters, on the other hand, have a temporary right to occupy the property under a lease agreement. This means renters do not own the property but pay rent to the owner for its use. The rights and responsibilities of both parties are typically outlined in the lease agreement.