Can a tenant terminate a tenancy at will?

Full question:

I am living in a rented house in Wisconsin. This tenancy is a tenancy at will, and I am thinking of leaving this house. Can a tenant terminate a tenancy at will or is only the landlord who has the right to terminate a tenancy at will?

Category: Landlord Tenant
Subcategory: Lease Termination
Date: 04/07/2025
State: Wisconsin

Answer:

In Wisconsin, a tenancy at will may be terminated either by the landlord or by the tenant by giving to the other party written notice pursuant to Wis. Stat. § 704.19. The relevant statutory provisions in this regard are stated below.

Wis. Stat. § 704.01reads:

“(5) "Tenant at will" means any tenant holding with the permission of the tenants landlord without a valid lease and under circumstances not involving periodic payment of rent; but a person holding possession of real property under a contract of purchase or an employment contract is not a tenant under this chapter.”

Wis. Stat. § 704.19 reads:

“ (a) A periodic tenancy or a tenancy at will can be terminated by either the landlord or the tenant only by giving to the other party written notice complying with this section, unless any of the following conditions is met:

1. The parties have agreed expressly upon another method of termination and the parties agreement is established by clear and convincing proof.
2. Termination has been effected by a surrender of the premises.”

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

What is the difference between eviction and termination of tenancy?

Eviction is a legal process initiated by a landlord to remove a tenant from a rental property due to violations of the lease or non-payment of rent. Termination of tenancy, on the other hand, refers to the end of a rental agreement, which can occur by mutual consent or notice from either party. In Wisconsin, a tenant can terminate a tenancy at will by providing written notice, while eviction requires a court order.

What are the rules for eviction in Minnesota?

In Minnesota, a landlord must follow specific legal procedures to evict a tenant, which typically starts with providing a written notice to vacate. The notice period varies based on the reason for eviction, such as non-payment of rent or lease violations. If the tenant does not leave, the landlord may file an eviction lawsuit in court. It's important to follow these steps to ensure a lawful eviction process.

What are the rules for eviction in Alabama?

In Alabama, landlords must provide tenants with a written notice to vacate before filing for eviction. The notice period can vary depending on the reason for eviction, such as non-payment of rent or lease violations. If the tenant does not comply, the landlord can file an eviction lawsuit in court. Following the proper legal procedures is essential for a valid eviction.

Is termination of tenancy the same as eviction?

No, termination of tenancy and eviction are not the same. Termination of tenancy refers to the end of a rental agreement, which can occur through notice from either the landlord or tenant. Eviction is a legal process initiated by the landlord to remove a tenant from the property, typically due to lease violations or non-payment. Eviction requires court involvement, while termination can occur without it.

What is the difference between a tenancy at will and a tenancy at sufferance?

A tenancy at will allows a tenant to occupy a property with the landlord's permission without a formal lease, and it can be terminated by either party with proper notice. A tenancy at sufferance occurs when a tenant remains in the property after the lease has expired, without the landlord's consent. In this case, the landlord may seek eviction to remove the tenant.

What is a tenancy at will in Wisconsin?

In Wisconsin, a tenancy at will is a rental arrangement where a tenant occupies a property with the landlord's permission but without a formal lease agreement. This type of tenancy can be terminated by either party by providing written notice, as specified in Wis. Stat. § 704.19. It offers flexibility for both landlords and tenants but requires clear communication regarding termination.