60 day notice

6 Replies

Hi everyone!

Just rented a house to a tenant whose current landlord requires 60 days notice instead of 30.

Does anyone know the logic behind it? I see it now on the Standard WI Residential Lease as well if I'm reading it right.

Not crazy about the house sitting empty for an extra month when it's clean and ready to go now, and 30 days out from now would be July 1, but I'm getting the lease ready for Aug 1, with option to move in sooner.

Check local state law.

That said, from personal experience, 30days vs 60days make little practical difference.

I don't know why the old landlord is asking about this.  And I don't care.  Its not my problem.  If they want to find a place and then give notice, they're fooling themselves.  They need to give notice, then find a place.

You say you "just rented a house to...".  Its not clear if you have a tenant right now or not.  If I had a vacancy, there is absolutely no way I'd rent to someone now who wasn't going to move in until August 1.  But our market is very hot, and a vacancy won't last more than a day or two.  If I had a vacancy, and I found a good applicant today and they were willing to move in today, I'd give them them end of May for free.  If they wanted to move in on June 1, I would probably agree to hold the unit for them with a non-refundable holding deposit.  If they sign the lease on June 1, that becomes their deposit.  If not, I keep it.

If they wanted to move in July 1, I would not take a deposit.  Instead I would tell them I would give them the right of first refusal if I found someone who wanted to move in earlier.  If I found such an applicant (and here and now I certainly would), I would contact the first applicant and offer them the unit if they are willing to move in on the earlier date.  If not, the second applicant gets it.

Lease signing, them giving me money (first months rent and full deposit in cash or equivalent), and me giving them the keys all happens at the same time. The lease starts at that time, too.  If they're getting a few free days, I note that on the lease.

The lease can override certainly limits in state law where state law allows for that. Lots of landlords want as much notice as they can get away with (like 60 days notice by the tenant to end the lease), but want to give as little notice as they can get away with (like 30 days notice for the landlord to end the lease). 

This is one of the reasons I ask for their expected move in date. And if they don't say, I ask how much notice they must give to exit their lease without breaking the lease. Then I check whether that aligns with the move in date I want. And before proceeding with processing the application of somebody needing a move in date later than I want, I will look at applications with earlier move in date. 

One thing you can suggest is that the tenant  cover part of that extra month of vacancy, by allowing them to move things in a bit earlier. Sometimes that works, if you phrase it so that it's the tenant who is benefitting. 

Everything is negotiable. What would it take for the tenant and landlord to work it out so the tenant can move sooner without penalty? If the tenant has been a good tenant, the landlord might be willing to be flexible and release them from them from the 60-day notice obligation. If the landlord can find another suitable tenant sooner it could work out for all parties involved.

Generally, the terms in a lease/rental agreement can not override the landlord-tenant laws for the jurisdiction. From my understanding, in Wisconsin 28 days is all that is required to end a month-to-month rental agreement and a lease will automatically end at the end of the lease period if not extended, unless the tenant and landlord agreed to a longer notice period in the rental agreement... which seems to be the case here. @Dawn Anastasi perhaps could clarify what is usual and customary in Wisconsin.

Here is a government website I found on-line that seems to provide clear and practical information about the tenant and landlord relationship and law in Wisconsin. See the section on Tenants Rights and Responsibilities. http://datcp.wi.gov/Consumer/Top_Ten_Complaints/Te...

Holding a unit vacant for two months is not practical. Are there no other prospective tenants who could move in June 1st?

A 60-day notice is required by many big apartment complexes here in Texas. I think the long notice improves their ability to forecast vacancies, match rents to the forecast demand and squeeze a little more money out of tenants who fail to plan ahead.

I changed my leases to match the 60-day notice, because I want to advertise 60 days before a tenant is leaving so my rentals are available to people who do plan ahead and give a long notice. I also give tenants a 60-day notice of a rent increase. I typically show the house and try to sign a new lease while the current tenants are there, minimizing vacancy.

Unless it's very hard to rent your property, I don't understand why you need to accommodate a new tenant who wants to begin paying rent a full month after the property becomes available. I probably would have kept looking for tenants or tried to get the applicant to take the house sometime around July 10. A brief vacancy like that can allow time for maintenance, such as interior painting, that is difficult when the house is occupied.

Personally I tell my tenants that I would like a 30-day notice if they want to move.  That's what's in their lease.  60 days seems kind of extreme. Sometime it does take a while to find a good rental, and if someone decides that they want to move, they should tell the landlord first, then look for places.  Especially since if there is something that the landlord could do to make their stay more pleasant, they should do that.

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