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Landlord/tenant law is governed by individual state statutes, of which Section 704 Wisconsin Statutes, is applicable in Wisconsin. This statute provides the basic rules surrounding a variety of issues that may arise in the landlord/tenant arena. Please keep in mind that your specific locality may have passed more stringent ordinances that could effect your rights. Also remember that the most important single document in any landlord/tenant dispute is the lease. This section is designed to provide information on Residential Leases.

The most common problems in this area involve disputes concerning the lease. Click here for the statutory definition of a lease. Usually difficulties arise out of a poorly drafted lease, or the lack of a written lease altogether. Generally, if the lease covers a period of more than one year, then it must be in writing to be enforceable. If the lease is in writing, then it also must contain a limited number of provisions set out in Section 704.03(1) Wisconsin Statutes and Section 706.02 Wisconsin Statutes which are basically: the identity of the parties to the lease, the identity or description of the property being leased, the amount of rent and when it is to paid, the duration of the lease, and a signature by all parties to the lease.

Informal agreements with no specific termination date are referred to as "periodic tenancies" and "tenancies at will." Periodic tenancies can include day-to-day, week-to-week, month-to-month, and year-to-year arrangements. Tenancies at will are simply arrangements where the landlord has agreed to allow the tenant to stay at the property without a valid lease, and where no regularly scheduled rent payments are due. The general rule for these types of tenancies is that 28 days written notice is required to terminate the tenancy by either party, however, the specific rules regarding termination of periodic tenancies and tenancies at will are explained in Section 704.19 Wisconsin Statutes. The rules prescribing the way in which this written notice is served are provided in Section 704.21 Wisconsin Statutes.

A separate set of procedures apply to the termination of formal leases. Oftentimes, these procedures are dependent upon the lease itself. However, there are basic rules that prevent certain terminations and basic rules that apply to breaches by the landlord and tenant.

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