Wisconsin Lease Renewal Rules for Renters

Understanding how an apartment or home lease renews is essential for renters in Wisconsin. Automatic lease renewals can impact your rights, monthly rent, and ability to move out. This article explains what automatic lease renewal means, how Wisconsin law protects you, and what steps to take if you want to end or change your tenancy.

What Is Automatic Lease Renewal?

Automatic lease renewal (also called "holdover" or "rollover" renewal) means that the terms of your rental agreement renew without you or your landlord having to sign a new lease. This can happen if neither party gives notice to end or change the lease before it expires.

Wisconsin Laws on Lease Renewal

Wisconsin rental agreements are governed by Wisconsin Statutes Chapter 704 – Landlord and Tenant and related administrative codes. Here's what you need to know about automatic lease renewal:

• Renewal Clauses: If your lease contains an "automatic renewal" clause, Wisconsin law requires that this clause be clearly stated and separated from other text, and you must be specially notified, usually in bold and underlined, so it is not overlooked.
• Advance Notice: Landlords who want to enforce an automatic renewal generally must give you advance written notice. Unless otherwise stated in your lease, this notice is typically required to be given 15 to 30 days before the lease ends (see Wisconsin Stat. § 704.15).
• Month-to-Month After Lease End: If your lease ends and neither you nor your landlord gives notice, your rental may automatically convert to a month-to-month tenancy—subject to the same terms as before, unless renegotiated.

How Notices and Renewals Work

• Fixed-term Leases (e.g., year-long): Pay close attention to notice requirements in your lease. If there's an automatic renewal, your landlord should notify you as the end of your lease approaches.
• Month-to-Month Leases: These typically require at least 28 days’ written notice to end or change terms, unless the lease states otherwise.

Required Forms: Ending or Not Renewing Your Lease

If you want to prevent lease renewal or end your tenancy, provide your landlord with timely, written notice. Use the following official forms:

• Wisconsin 28-Day Notice to Terminate Tenancy
  When to use: If on a month-to-month lease or at the end of a fixed lease, submit this notice at least 28 days before you want to move out.
  How it works: Write a letter or fill out the template from the Wisconsin Department of Children and Families – Notice to Terminate Tenancy. Deliver it in person or by certified mail for proof.
• Lease Nonrenewal Notice (Sample Template)
  When to use: If your lease requires written notice to not renew (often 15-30 days before lease ends).
  How it works: Draft a notice stating you do not wish to renew. The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) provides a sample move-out letter.

For an example, if your lease runs through July 31 and requires notice 30 days before the end, you must submit written notice by July 1.

Who Enforces Wisconsin Rental Laws?

Disputes involving lease renewals, eviction, or notice are generally heard in the Wisconsin Circuit Court, where small claims cases involving landlords and tenants are filed. The Wisconsin Department of Agriculture, Trade, and Consumer Protection (DATCP) also provides complaint handling and guidance for renters.

What to Do If You Receive an Automatic Renewal Notice

If your landlord provides notice of automatic renewal, review your lease agreement and consider your options. You may:

• Accept renewal, doing nothing if you wish to remain under the same terms
• Negotiate new terms (e.g., rent, duration)
• Provide written notice declining renewal, using an official form or written letter

If you disagree with the renewal or your landlord does not follow proper notice procedure, you can contact DATCP or file in small claims court for help.

FAQ: Wisconsin Lease Renewals

1. Can my landlord auto-renew my lease without telling me?
   If your lease has an automatic renewal clause, your landlord must provide clear, separate notice about this clause, and generally must give you written notice before the lease end date. Otherwise, the renewal clause may not be enforceable.
2. What happens if I stay after my lease expires?
   If you do not move out and neither you nor the landlord gives notice, your tenancy typically becomes month-to-month under the existing terms, unless your lease says otherwise.
3. How much notice must I give if I don't want to renew?
   For most leases, you must give written notice 28 days before you want to move out, or as specified in your lease agreement—typically 15–30 days before the end date.
4. What if my landlord raises the rent in the renewal?
   Your landlord must give written notice of any rent increase before renewal. You may negotiate, accept, or decline the new terms—but declining requires that you provide proper notice to move out.
5. Who can help if there's a dispute about my lease renewal?
   The Wisconsin Department of Agriculture, Trade, and Consumer Protection (DATCP) assists renters, and you may also file a case in Wisconsin Circuit Court if needed.

Need Help? Resources for Renters

• Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP): Landlord-Tenant Resources
• Wisconsin Circuit Court: Small Claims Information
• Department of Children and Families: Tenant Rights Information
• Wisconsin DOJ: Tenant Resource Guide

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1. Wisconsin Statutes § 704.15 – Automatic Renewal or Extension of Leases
2. Wisconsin Statutes Chapter 704 – Landlord and Tenant
3. DATCP Landlord-Tenant Program
4. Wisconsin Circuit Court

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