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colormepinkus · Apr 20, 2009, 06:20 AM

We have a month to month lease. I live in Wisconsin. I paid my rent for April on the 6th. He said he was giving us a 30 day notice. I told him I wanted it in writing. He didn't get it to me until the following week. It gives us until the 10th of May to vacate.
Does the notice have to be 30 days from the day he hands it to me?
If we don't move out by the 10th, what is his next move legally?
Does he have to take us to court to remove us?

LisaB4657 · Apr 20, 2009, 06:22 AM

Yes, the notice is 30 days from the date he hands it to you. And yes, he has to file a lawsuit to evict you if you don't move out within 30 days.

ScottGem · Apr 20, 2009, 07:01 AM

What Lisa said is normally true, but Wisconsin law is a bit different. Here's the law for WI (Wisconsin Law Section 704 Landlord Tenant):
704.19 Notice necessary to terminate periodic tenancies and tenancies at will.
(2) Requirement of notice.

(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.
3. Subsection (6) applies.

(b) A periodic tenancy can be terminated by notice under this section only at the end of a rental period. In the case of a tenancy from year-to-year the end of the rental period is the end of the rental year even though rent is payable on a more frequent basis. Nothing in this section prevents termination of a tenancy for nonpayment of rent or breach of any other condition of the tenancy, as provided in s. 704.17 .

The bolded clause in Section 2(b) is what governs here. What this means is that notice has be one full rental period and no less than 28 days. If the rental period is a calendar month, then even if he gave you written notice on April 6, he cannot terminate until the end of May. The only caveat here is whether you committed any other breach of the lease. Since you stated that you paid the April rent on April 6th, I'm wondering if he decided to terminate because you are chronically late with your rent. That MIGHT give him cause to terminate with 30 day notice. The link above connect to the full set of statutes for landlord/tenant laws in WI so you can check to see if that constitutes a breach.

But if it doesn't, then you need to determine when your rental period ends. The lease can only be terminated at that point and written notice has to be given at least 28 days prior to that point.

LisaB4657 · Apr 20, 2009, 07:35 AM

Scott, 704.19 doesn't apply because according to that law the OP is not a periodic tenant. The law's definition of periodic tenant is one "without a valid lease". The OP said she has a month-to-month lease.

ScottGem · Apr 20, 2009, 07:44 AM

That is a point, so the OP needs to define what was meant by a month to month lease. I would suspect its rare for a landlord to allow a month to month expiration in a written lease. Priodic tenancies are generally what happens after the initial lease expires.

A month to month lease might simply be a lease with an early termination clause or no expiration listed.

However, if I were the OP, I would give the landlord a copy of 704.19 and tell him that he will be out by May 30th.