I have a tenant who's 1-year lease ends on 10/31 and then goes month to month. I do not plan on renewing them but want to make sure I am giving the proper notice. The forms I have are nonrenewal of month-to-month tenancy but I'm not sure if this would be considered a month to month yet or if it would since it would be effective 10/31 at midnight. Does anyone have experience doing this and what form I should be using?
If I understand correctly, you are looking to terminate the lease at the end of the 1 year. I would follow Wisconsin 704, and most likely 704.19 (https://docs.legis.wisconsin.g...). You should follow 704.21 for giving notices. If you follow those laws, you should be good.
Look up Milwaukee Legal Blanks - they have all the forms you need. Highly recommended.
I also use Wisconsin Legal Blank and they are great.
Thank you for the information. Sorry it has taken a bit to respond. Will definitely review the statutes and legal blank forms.
Check the year-to-year lease to see if it specifies how far in advance the tenant or landlord has to give written notice for termination of lease. If there is nothing specified in the lease then a 28-day notice is sufficient. The written notice is based on the rent period.
Example: 28-day notice is issued on 9/28/2020. The tenant has legal rights to the premises until the end of October.
Notice was issued on 10/5/2020; tenant has the premises until the end of November because the 28 days doesn't expire until November 2. If the rent is based on the first of the month then they do not have to move out until the end of November.
When reviewing the statute be sure to review the manner in which a notice must be given as well; SS 704.21
So I am ending the tenancy on the 31st of October can I say they have until 5pm on the 31st or would I be best to say 8am on the 1st of November.
I'm not quite sure but I think if their lease expires on the 31st, you have to give them until 11:59p. Might be wrong about that. If you're concerned it would probably be worth a quick call to an attorney.