This office lease form states that if the tenant, without the written consent of Landlord, holds over after the expiration of the term of the lease, and if the landlord does not proceed to remove the tenant from the demised premises in the manner permitted by law, the tenancy will be deemed a month-to-month tenancy.
Wisconsin Addressing Holdover Tenancy in a Lease Holdover tenancy refers to the situation when a tenant remains in a rental property beyond the expiration of their lease without the landlord's explicit agreement. In Wisconsin, there are specific regulations and provisions that address holdover tenancy in a lease, ensuring the rights and responsibilities of both landlords and tenants are upheld. First, it is essential to clarify that holdover tenancy can happen in two distinct scenarios: when the tenant remains in the property after the lease term has ended but continues paying rent, or when the tenant stays without paying rent. 1. Holdover Tenancy with Rent Payments: In the first scenario, Wisconsin law recognizes that if a tenant remains in the rental unit after the lease expires and continues paying rent, the landlord can choose to accept the rent and create a new periodic tenancy. This new tenancy is typically month-to-month, but can be different if agreed upon by both parties. The terms and conditions of the original lease carry over, except for any provisions that have expired or were legitimately terminated. 2. Holdover Tenancy without Rent Payments: If the tenant remains in the property after the lease term ends and fails to pay rent, the landlord has several options to address the holdover situation. The landlord can choose to initiate eviction proceedings under Wisconsin's landlord-tenant laws. It is crucial to follow the correct legal procedures, including providing proper written notice to the tenant, to legally terminate the tenancy and regain possession of the property. Moreover, Wisconsin law allows landlords to impose a holdover fee on the tenant for the period they remained in the property without paying rent. This fee must be reasonable and cannot exceed double the amount of the monthly rent. However, the landlord must provide written notice to the tenant of the holdover fee at least 30 days prior to imposing it. Landlords should carefully review the specific terms mentioned in their lease agreements regarding holdover tenancy. Including a holdover clause in the lease can clearly outline the procedure and consequences should the tenant choose to holdover. Consulting with a legal professional when drafting or reviewing lease agreements is highly recommended ensuring compliance with Wisconsin law and protection of both parties' rights. Addressing holdover tenancy in a lease is crucial for landlords to properly handle and manage the situation. By understanding the different scenarios and following the appropriate legal procedures and regulations in Wisconsin, landlords can protect their rights and swiftly resolve the holdover tenancy matter.
