28 Day Notice to Terminate Year to Year Lease - No Right to Cure - Residential
704.19 Notice necessary to terminate periodic tenancies
and tenancies at will.
(1) Scope of section. The following types of tenancies, however
created, are subject to this section:
(a) A periodic tenancy, whether a tenancy from year-to-year,
from month-to-month, or for any other periodic basis according to which
rent is regularly payable; and
(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:
(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.
(3) Length of notice. At least 28 days' notice must be given
except in the following cases: If rent is payable on a basis less than
monthly, notice at least equal to the rent-paying period is sufficient;
all agricultural tenancies from year-to-year require at least 90 days'
notice.
(4) Contents of notice. Notice must be in writing, formal
or informal, and substantially inform the other party to the landlord-tenant
relation of the intent to terminate the tenancy and the date of termination.
A notice is not invalid because of errors in the notice which do not mislead,
including omission of the name of one of several landlords or tenants.
(5) Effect of inaccurate termination date in notice. If a
notice provides that a periodic tenancy is to terminate on the first day
of a succeeding rental period rather than the last day of a rental period,
and the notice was given in sufficient time to terminate the tenancy at
the end of the rental period, the notice is valid; if the notice was given
by the tenant, the landlord may require the tenant to remove on the last
day of the rental period, but if the notice was given by the landlord the
tenant may remove on the last day specified in the notice. If a notice
specified any other inaccurate termination date, because it does not allow
the length of time required under sub. (3) or because it does not correspond
to the end of a rental period in the case of a periodic tenancy, the notice
is valid but not effective until the first date which could have been properly
specified in such notice subsequent to the date specified in the notice,
but the party to whom the notice is given may elect to treat the date specified
in the notice as the legally effective date. If a notice by a tenant
fails to specify any termination date, the notice is valid but not effective
until the first date which could have been properly specified in such notice
as of the date the notice is given.