Can my landlord charge me whatever they want for breaking a lease in Wisconsin?

No, the fee must be listed in your lease and landlords must try to re-rent your unit.

How much notice do I have to give before I move out early?

Give written notice as soon as possible; for month-to-month leases, at least 28 days is standard.

What if my apartment becomes unlivable?

You may break your lease without penalty if the landlord fails to fix serious housing code issues after notice.

Are there situations where I can break my lease for free?

Yes, such as for military duty or if you are a victim of domestic violence and provide proper documentation.

Where can I file a complaint if my landlord overcharges fees?

Contact Wisconsin DATCP or file a claim in Small Claims Court.

Wisconsin Early Lease Termination Fees: Renter’s Guide

Moving Out & Ending a Lease Wisconsin published: June 21, 2025

Moving out before your lease ends in Wisconsin can be stressful, especially if you're worried about early lease termination fees. Understanding the requirements, your legal rights, and the process can help you avoid unnecessary costs and take control of your rental situation with confidence.

What Is Early Lease Termination in Wisconsin?

Early lease termination means ending your rental agreement before the agreed move-out date. While renters sometimes need to leave early for job changes, family, or health reasons, landlords may charge fees for breaking the lease early. However, in Wisconsin, the law provides renters with certain rights and responsibilities regarding these situations.

Are Early Termination Fees Legal?

Yes, landlords in Wisconsin can charge early termination fees if they are clearly stated in your lease agreement. However, there are important restrictions:

The fee must be a set dollar amount or a formula outlined in your lease.
Landlords must make reasonable efforts to re-rent the unit as soon as possible (this is called their “duty to mitigate damages”). You may only owe rent until a new tenant is found.^[1]
If the unit is re-rented, you typically do not owe rent for the months after your replacement moves in.

If your lease is silent about a specific fee, you may still be responsible for rent until the lease ends or a new tenant is found, but extra penalty fees cannot be added without your written agreement.

Common Early Termination Fee Scenarios

Wisconsin landlords often include a flat fee (such as one or two months’ rent) or specify you’re responsible for rent until the unit is re-rented. Always check your lease for details about costs, notice requirements, and procedures.

Flat-fee termination: The lease states an exact dollar amount due if you break the lease early.
Pay until re-rented: You pay rent only until a new renter moves in—landlords must actively seek a new tenant.

Legitimate Reasons for Early Termination Without Fees

Certain situations may allow you to end your lease early without facing fees or penalties according to Wisconsin Statutes Chapter 704:

Active military duty: Federal laws under the Servicemembers Civil Relief Act may permit early termination.
Unsafe or uninhabitable conditions: If the landlord fails to fix serious health or safety issues after written notice.
Domestic abuse or stalking cases: Tenants who provide proper documentation may end a lease early for safety reasons.^[2]

Notice Requirements: How Much Warning Must You Give?

Written notice is usually required. Check your lease, but in most cases, you must give your landlord a written statement explaining your intent to leave. The standard is 28 days’ notice for month-to-month tenants, but fixed-term lease tenants should refer to their lease or to state law for details.

Official Forms for Early Lease Termination

While Wisconsin does not provide a specific early termination form for all renters, certain situations require documentation:

Notice of Termination for Victims of Domestic Abuse, Sexual Assault, or Stalking (Form DJ-985)
When to use: If you are leaving for safety reasons covered by state law.
Example: A renter experiencing abuse serves this form to the landlord to terminate the lease early without penalty.
Download the official Notice of Lease Termination for Victims (Form DJ-985)

For other early terminations, create a written notice with your name, address, intended move-out date, and reason.

Where to Get Help: Wisconsin Rental Authorities

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) – Landlord/Tenant Section oversees rental law disputes and provides information.^[3]

Tribunal for disputes: The county Small Claims Court is the primary venue for lease disputes related to early termination, fees, and returns of security deposits.

Wisconsin Small Claims Court Self-Help

Key Steps if You Need to Break Your Lease

If you’re considering early termination:

Review your lease for any specific early termination clauses or fees.
Provide written notice to your landlord, keeping a copy for your records.
Communicate respectfully and ask about potential for lowering fees if you help find a new tenant.
Document all correspondence and keep proof of your efforts.
Consult official resources or your local Small Claims Court if you believe you’re being overcharged.

Tip: Make sure your landlord is trying to re-rent the unit after you move out. If they are not actively seeking a new tenant, you might not be responsible for continued rent.

FAQs: Wisconsin Early Lease Termination

Can my landlord charge me whatever they want for breaking a lease in Wisconsin?
No, early termination fees must be specifically stated in your lease and cannot be unreasonable. Landlords must also try to rent your unit to someone else.
How much notice do I have to give before I move out early?
You should give written notice as soon as possible, with at least 28 days’ notice for month-to-month leases. For fixed-term leases, review the lease agreement.
What if my apartment becomes unlivable?
You are allowed to break your lease without penalty if your landlord fails to address conditions that violate state or local housing codes, after written notice.
Are there situations where I can break my lease for free?
Yes, renters covered by the Servicemembers Civil Relief Act or those facing domestic violence can terminate without penalty under state and federal law.
Where can I file a complaint if my landlord tries to overcharge fees?
Contact the Wisconsin DATCP Landlord/Tenant Section or take your case to Small Claims Court if an agreement cannot be reached.

Conclusion: What to Remember

Early lease termination fees in Wisconsin must follow specific rules and be listed in your contract.
Landlords cannot simply “double dip”—they must try to re-rent and minimize your costs.
Special laws protect renters facing serious hardships, such as domestic violence.

Knowing your rights and responsibilities puts you in a better position to end your lease with confidence and minimal financial stress.

Need Help? Resources for Renters

Wisconsin DATCP Landlord/Tenant Section: Official resource on tenant rights, sample letters, and complaint info.
Wisconsin Small Claims Court Self-Help: File disputes relating to rental contracts, fees, and deposits.
Wisconsin DOJ: Victim Rights in Housing & Safety: Information for tenants seeking lease release for safety.
Wisconsin Statutes Chapter 704 – Landlord and Tenant Law: Full text of state tenancy legislation.

See: Wisconsin Statutes 704.29 – Landlord’s Duty to Mitigate Damages.
See: Wisconsin Statutes 704.16 – Termination for Threats to Safety.
Landlord/tenant information: Wisconsin DATCP Landlord/Tenant.