Breaking a lease in Wisconsin

A tenant who leaves early still owes rent, but the landlord must make reasonable efforts to rerent, and what the landlord recovers is reduced by the net rent those efforts could bring in. A lease clause that accelerates rent on default or waives this duty to mitigate makes the whole rental agreement void.

Wis. Stat. § 704.29 Wis. Stat. § 704.44(3m)

• You must show that you tried to rerent; the tenant must prove your efforts were unreasonable. You may also recover reasonable listing and advertising costs. Wis. Stat. § 704.29(2)(b) Wis. Stat. § 704.29(3)
• A tenant may end the tenancy by notice with a certified copy of a qualifying injunction, no-contact order or criminal complaint when the tenant or the tenant's child faces an imminent threat of serious physical harm, or based on sexual assault. The tenant owes no rent after the end of the month following the month of the notice or move-out, whichever is later, subject to your duty to mitigate. Wis. Stat. § 704.16(1) Wis. Stat. § 704.16(1m) Wis. Stat. § 704.16(2) Wis. Stat. § 704.16(2m)
• When a tenant dies, the tenancy ends 60 days after you learn of the death or at the end of the lease term, whichever is earlier. You may not contact the family to collect rent they do not owe. Wis. Stat. § 704.165
• A member of the Wisconsin National Guard or state defense force ordered into state active duty for 30 days or more after signing the lease may end it by written notice delivered personally or by first class mail. Wis. Stat. § 321.62(14)
• An agreement to end a written lease more than one year before its expiration date must be in writing and signed by both sides. Wis. Stat. § 704.03(4)
• Keep an early move-out file with the notice, key-return date, condition photos, listing dates, showing records, advertising receipts and any replacement tenancy start date. Use a separate account of rent claimed, payments and re-rental credits so the balance can be explained. If both sides agree to a release, put its end date, remaining amounts and the people released in a signed agreement; do not assume that discussing a replacement tenant settles every obligation. These records help explain the mitigation and agreement rules above. Wisconsin DATCP: tenants’ rights and responsibilities

Either side may end a month-to-month tenancy with at least 28 days' written notice, and the termination date must be the end of a rental period. If rent is paid more often than monthly, notice at least as long as the rent period is enough.

Wis. Stat. § 704.19(2)(b) Wis. Stat. § 704.19(3)

• The notice must be in writing and substantially tell the other side of the intent to end the tenancy and the termination date. Errors that do not mislead do not make it invalid. Wis. Stat. § 704.19(4)
• A notice naming a date that is too early or not at the end of a rental period is still valid, but takes effect on the first date that could properly have been named. Wis. Stat. § 704.19(5)
• The day the notice is given counts as day one. A notice sent by registered or certified mail to a Wisconsin address counts as given on the second day after mailing. Wis. Stat. § 704.19(7)
• If a periodic tenant leaves without notice and does not pay rent, the tenancy ends on the first date it could have ended had you received proper notice on the day you learned of the move. Wis. Stat. § 704.19(6)
• When a residential lease expires and the tenant stays, you may choose to hold the tenant month to month on the old lease terms, and accepting rent for a period after expiration counts as that choice unless you already started eviction. The lease may provide otherwise. Wis. Stat. § 704.25(2) Wis. Stat. § 704.25(3) Wis. Stat. § 704.25(4)
• A tenant who stays without your consent after the tenancy ends owes at least twice the daily rental value for each day of holding over, unless you prove greater damages. Wis. Stat. § 704.27