NOTICE TERMINATING TENANCY AND DEMAND TO VACATE

(Wisconsin – Compliant with Wis. Stat. §§ 704.17 & 704.21)

[Effective Date: [MM/DD/YYYY]]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Notice Provisions
IV. Representations & Warranties
V. Tenant Cure Rights (If Applicable)
VI. Default & Remedies
VII. Service of Notice
VIII. Dispute Resolution & Governing Law
IX. General Provisions
X. Execution Block
XI. Certificate of Service

I. DOCUMENT HEADER

FROM (Landlord):
[LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE]
Principal Address: [STREET ADDRESS, CITY, STATE, ZIP]

TO (Tenant):
[TENANT LEGAL NAME(S)]
Premises Address: [RENTAL PROPERTY STREET ADDRESS, CITY, WI ZIP]

Lease/Occupancy Information:
• Lease Commencement Date: [MM/DD/YYYY]
• Lease Term (check one): □ Month-to-Month □ Fixed Term (Ending [MM/DD/YYYY]) □ Week-to-Week
• Rent Amount: $[AMOUNT] per [month/week] payable on the [DAY] of each [month/week].

Recitals:
A. Landlord and Tenant are parties to that certain lease or rental agreement (the “Lease”) for the Premises identified above.
B. Landlord asserts that Tenant is in material default of the Lease and/or Wisconsin law as more fully set forth below.
C. Landlord delivers this Notice pursuant to Wis. Stat. §§ 704.17 and 704.21 to terminate the tenancy and demand surrender of the Premises unless Tenant cures as permitted herein (if any cure right is provided).

II. DEFINITIONS

For purposes of this Notice, the following capitalized terms have the meanings set forth below.

1. “Default” means the event(s) of non-compliance identified in Section III(A).
2. “Demand Amount” means the total sums itemized in Section III(B)(1) that must be paid to cure a monetary Default.
3. “Notice Period” means the statutory period selected in Section III(C) (e.g., 5-Day, 14-Day, 28-Day).
4. “Premises” means the residential dwelling located at the address stated in the Document Header.
5. “Service Date” means the date this Notice is delivered in compliance with Wis. Stat. § 704.21.

III. OPERATIVE NOTICE PROVISIONS

A. Nature of Default
1. □ Non-Payment of Rent for the period [MM/DD/YYYY] through [MM/DD/YYYY].
2. □ Repeated Non-Payment (prior 5-Day notice served within last 12 months).
3. □ Material Lease Violation: [DESCRIBE VIOLATION, e.g., unauthorized occupants, damage, illegal conduct].
4. □ Termination of Periodic Tenancy (no breach required).

B. Monetary Details (complete if money is owed)
1. Base Rent Arrearage……………… $[ ]
2. Late Fees (if permissible)………… $[ ]
3. Other Lawful Charges*…………….. $[ ]

TOTAL DEMAND AMOUNT……………… $[ ]

[// GUIDANCE: Include only charges expressly allowed under the Lease and* Wisconsin law (see Wis. Admin. Code ATCP 134). Strike any non-permissible fees before service.]

C. Selected Statutory Notice Period
(check one and complete corresponding dates)

• □ 5-DAY NOTICE WITH RIGHT TO CURE (Wis. Stat. § 704.17(1)(a)).
– Tenant must pay the TOTAL DEMAND AMOUNT or cure the non-monetary Default on or before the 5th calendar day following the Service Date (due by [MM/DD/YYYY]).

• □ 14-DAY UNCONDITIONAL QUIT (Wis. Stat. § 704.17(2)(a) or (2)(b)).
– Tenancy terminates at midnight on the 14th calendar day following the Service Date (vacate by [MM/DD/YYYY]). No right to cure.

• □ 28-DAY TERMINATION OF PERIODIC TENANCY (Wis. Stat. § 704.19).
– Tenancy terminates at midnight on [MM/DD/YYYY] (28 days after Service Date).

D. Surrender Requirement
Tenant shall vacate, remove all personal property, return all keys, and surrender exclusive possession of the Premises to Landlord by the termination date identified in Section III(C) (the “Termination Date”).

IV. REPRESENTATIONS & WARRANTIES

1. Landlord represents that:
   a. Landlord is the lawful owner or managing agent entitled to possession of the Premises.
   b. All calculations in Section III(B) are true and correct as of the Effective Date.
2. Tenant is deemed to have received any statutory disclosures previously required under Wisconsin law.

V. TENANT CURE RIGHTS (If Applicable)

1. Applicability. Cure is available only if the 5-Day Notice option is selected in Section III(C).
2. Manner of Cure.
   a. Monetary Default: Deliver certified funds for the TOTAL DEMAND AMOUNT to Landlord at [PAYMENT ADDRESS] before close of business on the 5th calendar day after Service Date.
   b. Non-Monetary Default: Fully remedy the violation described in Section III(A) and provide written verification to Landlord within the same 5-day period.

[// GUIDANCE: Retain copies of all cure payments and correspondence; late or partial cures do not bar eviction absent express written waiver by Landlord.]

VI. DEFAULT & REMEDIES

1. Failure to Vacate or Cure. If Tenant neither (i) cures within the Notice Period (where permitted) nor (ii) surrenders the Premises by the Termination Date, Landlord will immediately file an eviction (unlawful detainer) action in the circuit court-housing/small-claims division having venue over the Premises.
2. Damages & Fees. Landlord will seek:
   a. Possession of the Premises;
   b. Past-due rent, holdover damages, and other lawful charges;
   c. Statutory costs, service fees, and, where authorized, reasonable attorney fees.
3. Reservation of Rights. All Lease rights and remedies not expressly waived herein are reserved. Acceptance of partial payment does not constitute waiver unless Landlord so agrees in a signed writing.

VII. SERVICE OF NOTICE

This Notice shall be served in strict compliance with Wis. Stat. § 704.21 by one or more of the following methods (check all that apply):
□ Personal delivery to Tenant.
□ Leaving a copy with a competent family member at least 14 years of age residing on the Premises.
□ Certified or registered mail (effective on date of mailing).
□ Posting the Notice in a conspicuous place on the Premises and mailing a copy on the same day.

[// GUIDANCE: Personal service is preferred. Improper service is the most common ground for dismissal of eviction actions in Wisconsin.]

VIII. DISPUTE RESOLUTION & GOVERNING LAW

1. Governing Law. This Notice and any related eviction proceeding shall be governed by the laws of the State of Wisconsin, without regard to conflict-of-law principles.
2. Forum Selection. Any eviction or related action shall be filed exclusively in the state housing/small-claims division of the circuit court having venue where the Premises are located.
3. Arbitration. Arbitration is not available for eviction matters under Wisconsin law.
4. Jury Trial. Tenant’s constitutional right to a jury trial in eviction actions is preserved.
5. Injunctive Relief. Landlord reserves the right to seek any equitable relief authorized by law, including writs of restitution.

IX. GENERAL PROVISIONS

1. Amendment & Waiver. No amendment or waiver of this Notice is effective unless in writing and signed by Landlord.
2. Severability. Any unenforceable provision shall be severed, and the remainder enforced to the fullest extent permitted by law.
3. Integration. This Notice embodies the entire termination demand; no prior oral statements modify its terms.
4. Electronic Signatures. Facsimile, PDF, and electronic signatures are deemed originals for all purposes.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, Landlord issues this Notice on the Effective Date first written above.

[LANDLORD LEGAL NAME]
By: _____
Name: [SIGNATORY NAME]
Title: [TITLE / CAPACITY]
Date: _____

XI. CERTIFICATE OF SERVICE

I, ______, being duly sworn, state that on [MM/DD/YYYY] I served the foregoing Notice on the Tenant(s) named herein by the method(s) indicated below:

□ Personal delivery to ___ at _ a.m./p.m.
□ Delivery to competent family member (name & relation): ______
□ Certified/registered mail (Tracking No. __) deposited at [POST OFFICE] at _ a.m./p.m.
□ Posting on Premises and mailing same day via first-class mail at ____ a.m./p.m.

I declare under penalty of perjury that the foregoing is true and correct.

Signature: ____ Date: __
Name (Print): ____ Title/Capacity: ___

[// GUIDANCE: Attach postal receipts or process server affidavit as applicable. Retain originals for court filing.]

© [YEAR] – Prepared for professional use. Customize all bracketed fields and confirm statutory compliance before service.