Wisconsin Notice to Terminate Periodic Tenancy — No Cause (28-Day / 7-Day)

WISCONSIN NOTICE TO TERMINATE PERIODIC TENANCY — NO CAUSE

TABLE OF CONTENTS

1. Caption / Notice Header
2. Identification of Premises and Tenancy
3. Notice of Termination
4. Surrender Instructions
5. Security Deposit Return Procedure
6. Reservation of Rights and Non-Waiver
7. Tenant Rights Notices (Required Disclosures)
8. Service
9. Signature
10. Affidavit / Proof of Service
11. Wisconsin Practice Notes
12. Sources and References

1. CAPTION / NOTICE HEADER

STATE OF WISCONSIN — COUNTY OF [COUNTY]

NOTICE OF TERMINATION OF PERIODIC TENANCY

Pursuant to Wis. Stat. § 704.19

Date of Notice: [__/__/____]

2. IDENTIFICATION OF PREMISES AND TENANCY

2.1. Premises. The rental dwelling unit located at:

[STREET ADDRESS, UNIT/APT NUMBER, CITY, WISCONSIN, ZIP] (the "Premises").

2.2. Rental Agreement. Tenant occupies the Premises pursuant to a [☐ written / ☐ oral] rental agreement dated [__/__/____] (the "Lease").

2.3. Tenancy Type:

• ☐ Week-to-week periodic tenancy (notice ≥ 7 days)
• ☐ Month-to-month periodic tenancy (notice ≥ 28 days)
• ☐ Periodic tenancy of [____] days, less than a month (notice equal to length of rental period)
• ☐ Tenancy at will (notice ≥ 28 days under Wis. Stat. § 704.19(2)(a)1.)

2.4. Rent Period. Rent is paid in advance for the period ending on the [____] day of each [week / month].

3. NOTICE OF TERMINATION

3.1. Termination. YOU ARE HEREBY NOTIFIED, pursuant to Wis. Stat. § 704.19, that Landlord terminates the periodic tenancy described above effective [__/__/____] (the "Termination Date").

3.2. Notice Period Selected (check one):

• ☐ 28 days' notice under Wis. Stat. § 704.19(2)(a)1. for a month-to-month or longer periodic tenancy or tenancy at will. The Termination Date falls on the last day of the current rental period.
• ☐ 7 days' notice under Wis. Stat. § 704.19(2)(a)2. for a week-to-week tenancy. The Termination Date falls at the end of the current weekly rental period.
• ☐ 30 days' notice as required by 15 U.S.C. § 9058 (CARES Act) for a "covered dwelling," or as required by the Lease.
• ☐ [____] days' notice as agreed in the Lease pursuant to Wis. Stat. § 704.19(4).

3.3. End-of-Period Rule. The Termination Date is the LAST DAY of the rental period in which the notice period expires, as required by Wis. Stat. § 704.19(3).

3.4. No Cause Required. Landlord is not required to state a reason for terminating a periodic tenancy under Wis. Stat. § 704.19, but Landlord's exercise of this right is in no way retaliatory and is not based on any protected characteristic.

4. SURRENDER INSTRUCTIONS

4.1. On or before the Termination Date, Tenant shall:

a. Vacate the Premises completely;

b. Remove all personal property;

c. Return all keys, fobs, garage remotes, and access cards to Landlord at the address in Section 9 below or via a key drop at [LOCATION];

d. Leave the Premises in clean and undamaged condition (subject to ordinary wear and tear under Wis. Stat. § 704.28(2));

e. Provide a forwarding address for return of the security deposit.

4.2. Move-Out Inspection. Pursuant to ATCP 134.06(2), Tenant has the right to be present at a check-out inspection. To schedule, contact Landlord at the number in Section 9 below.

5. SECURITY DEPOSIT RETURN PROCEDURE

5.1. 21-Day Return. Pursuant to Wis. Stat. § 704.28(4) and ATCP 134.06(2), Landlord will mail Tenant the security deposit (less any lawful deductions) and an itemized statement of any deductions within TWENTY-ONE (21) DAYS after Tenant surrenders the Premises.

5.2. Permitted Deductions. Landlord may deduct only:

a. Unpaid rent for which Tenant is legally responsible under the Lease and Wisconsin law;

b. Unpaid utilities Tenant was obligated to pay;

c. Damage to the Premises beyond ordinary wear and tear;

d. Other charges expressly authorized by a separate written "Nonstandard Rental Provisions" document signed by Tenant under ATCP 134.06(3).

5.3. Routine Wear and Tear Excluded. Landlord may NOT deduct for routine carpet cleaning, routine painting, or other ordinary wear and tear not caused by Tenant's neglect or abuse. ATCP 134.06(3)(c).

5.4. Forwarding Address. Tenant should provide a forwarding address to Landlord by the Termination Date:

[FORWARDING ADDRESS]

5.5. Double Damages. Failure of Landlord to comply with § 704.28 entitles Tenant to recover double the amount wrongfully withheld, plus costs and reasonable attorney fees, under Wis. Stat. § 100.20(5) and ATCP 134.06(4).

6. RESERVATION OF RIGHTS AND NON-WAIVER

6.1. Acceptance of rent for any period after the Termination Date does NOT extend the tenancy or waive this Notice unless Landlord agrees in writing. (Wisconsin courts have held that acceptance of rent for a period after a § 704.19 termination date may, however, create an implied new periodic tenancy if not accompanied by a clear reservation of rights. Best practice: refuse rent after the Termination Date.)

6.2. This Notice does not waive any claim Landlord has or may have for unpaid rent, damages, or other amounts owed under the Lease.

7. TENANT RIGHTS NOTICES (REQUIRED DISCLOSURES)

7.1. Right to Be Free from Retaliation. Wis. Stat. § 704.45 prohibits Landlord from terminating tenancy in retaliation for Tenant's good-faith complaints to public agencies, complaints to Landlord under Wis. Stat. § 704.07, or exercise of any tenant right under Wisconsin law.

7.2. Right to Be Free from Discrimination. Wis. Stat. § 106.50 (Wisconsin Open Housing Act) prohibits discrimination based on race, color, sex, sexual orientation, gender identity, disability, religion, national origin, ancestry, marital status, family status, age (18+), lawful source of income (e.g., Section 8 / Housing Choice Voucher), or status as a victim of domestic abuse, sexual assault, or stalking. The federal Fair Housing Act (42 U.S.C. § 3601 et seq.) provides parallel federal protections.

7.3. Right to Habitability and Repairs. Wis. Stat. § 704.07 codifies the implied warranty of habitability. Landlord remains obligated to maintain the Premises through the Termination Date.

7.4. Right to Be Free from Self-Help. Landlord may NOT lock Tenant out, remove Tenant's belongings, shut off utilities, or otherwise constructively evict Tenant before the Termination Date or the entry of a writ of restitution. Wis. Stat. § 704.95; ATCP 134.09(7); Wis. Stat. § 704.44(9).

7.5. Right to Free or Reduced-Cost Legal Help.

• Tenant Resource Center (Madison): (608) 257-0006 — https://www.tenantresourcecenter.org
• Legal Action of Wisconsin: (855) 947-2529 — https://www.legalaction.org
• Wisconsin Judicare (northern WI): (715) 842-1681
• Milwaukee Justice Center: (414) 278-2912
• Wisconsin State Bar Lawyer Referral Service: (800) 362-9082

7.6. VAWA / SCRA. Federal Violence Against Women Act protections (34 U.S.C. § 12491) may apply if Tenant lives in federally subsidized housing. Active-duty service members may have additional protections under the Servicemembers Civil Relief Act, 50 U.S.C. § 3951.

8. SERVICE

This Notice is served upon Tenant in the manner indicated below pursuant to Wis. Stat. § 704.21:

• ☐ Personal delivery to Tenant on [__/__/____].
• ☐ Personal delivery to a competent member of Tenant's household 14+ on [__/__/____].
• ☐ First-class mail to [ADDRESS] on [__/__/____] (3 days added to the notice period).
• ☐ Certified mail, return receipt requested to [ADDRESS] on [__/__/____] (USPS Tracking #[___________________]).
• ☐ Posting + mailing on [__/__/____] after personal service was attempted with reasonable diligence.

9. SIGNATURE

Date: [__/__/____]

[________________________________]

[LANDLORD / AGENT NAME]

Title (if agent): [________________________________]

Address: [STREET ADDRESS, CITY, WI ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

10. AFFIDAVIT / PROOF OF SERVICE

STATE OF WISCONSIN

COUNTY OF [COUNTY]

I, [SERVER NAME], being first duly sworn, depose and state:

10.1. I am over 18 and not a party to this matter.

10.2. On [__/__/____] at [__:__] [a.m. / p.m.], I served the foregoing NOTICE OF TERMINATION OF PERIODIC TENANCY upon [TENANT NAME] at [ADDRESS] by the method indicated in Section 8.

[________________________________]

[SERVER NAME]

Subscribed and sworn to before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public, State of Wisconsin

(My Commission Expires: [_______________])

11. WISCONSIN PRACTICE NOTES

• § 704.19 governs ONLY periodic tenancies and tenancies at will. A fixed-term lease ends on its own terms; no § 704.19 notice is required to terminate at the natural end. If the Lease itself requires advance notice of non-renewal, follow the Lease. 2017 Wis. Act 317 clarified that automatic-renewal clauses in residential leases are enforceable if they comply with the disclosure rules of § 704.085.
• End-of-period rule. § 704.19(3) requires the termination date to be the last day of a rental period. A 28-day notice served on the 5th of a month, terminating on the 3rd of the next month, is INVALID — it must terminate at end-of-month. Practical fix: serve early enough to allow the date to land on the last day of the next full rental period.
• Mailbox computation. Mail service adds 3 days under § 990.001(4)(g). For a March 31 termination on a month-to-month, mail must be served no later than approximately March 1 (28 days + 3 mail days, working backward to a safe end-of-period landing).
• Retaliation presumption. Wis. Stat. § 704.45 prohibits retaliation. Wisconsin's statutory framework lacks an explicit codified presumption period; case law and common practice treat actions taken within roughly 6 months of protected tenant activity as presumptively retaliatory. Document non-retaliatory reasons.
• Lawful source of income. Wis. Stat. § 106.50(1m)(nm) prohibits discrimination based on lawful source of income, including Housing Choice Vouchers (Section 8). A no-cause termination cannot be based on the tenant's voucher.
• Acceptance of rent post-termination. Acceptance of rent for a period after the Termination Date risks creating a new implied periodic tenancy. Best practice: refuse all post-termination rent and return any that arrives.
• CARES Act overlay. For "covered dwellings" (federally backed mortgages or federally assisted housing), 15 U.S.C. § 9058 requires 30 days' written pre-eviction notice. A 28-day state notice is insufficient where § 9058 applies. The 30-day federal floor remains in force.
• Local ordinance preemption. 2017 Wis. Act 317 preempted many local "just cause" eviction ordinances. Madison's "just cause" eviction protection has been substantially preempted, although a few local rules survive. Confirm before relying on local protections.
• Mobile home parks. Wis. Stat. § 710.15 governs mobile home park tenancies and supplies a different notice scheme. § 704.19 does not apply.
• Roommates and joint tenants. A § 704.19 notice must be served on every adult tenant in possession to terminate the entire tenancy. Service on one of two co-tenants is insufficient to terminate the tenancy of the other under common-law principles.

12. SOURCES AND REFERENCES

• Wis. Stat. ch. 704 — https://docs.legis.wisconsin.gov/statutes/statutes/704
• Wis. Stat. § 704.19 (notice required to terminate periodic tenancy) — https://docs.legis.wisconsin.gov/statutes/statutes/704/19
• Wis. Stat. § 704.21 (manner of giving notice)
• Wis. Stat. § 704.28 (security deposit return)
• Wis. Stat. § 704.45 (retaliation)
• Wis. Stat. § 106.50 (Wisconsin Open Housing Act)
• Wis. Admin. Code ATCP 134 — https://docs.legis.wisconsin.gov/code/admin_code/atcp/090/134
• 2017 Wisconsin Act 317
• 15 U.S.C. § 9058 (CARES Act 30-day pre-eviction notice)
• 42 U.S.C. § 3601 et seq. (federal Fair Housing Act)
• 50 U.S.C. § 3951 (SCRA)
• 34 U.S.C. § 12491 (VAWA)
• Wisconsin State Law Library — Landlord/Tenant — https://wilawlibrary.gov/topics/landlord.php
• Tenant Resource Center — https://www.tenantresourcecenter.org

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Wisconsin must review and customize this document before service. Verify current statutory text and local ordinances before use.