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Juwane D Brown
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how to give a 28 day notice Notice Wisconsin

Juwane D Brown
Pro Member
Posted Nov 11 2021, 02:37

Hello Everyone! 

First time post however I have a question. I have a month to month tenant in one side of a duplex that I need to leave as I am owner occupying. Now their Rent is due on the last day of the month. However, Im confused if I have to give 28 days notice before they pay again OR if its 28 notice before the day I want them out by. 

To my undestanding when they pay the last day of january, they are actually paying february rent. So, if their next payment is december, I would have to give them notice now so their month to month ends before they pay at the end of the month in december for january. 

Sorry for long confusion but this is pretty much the situation thus far. 

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Marcus Auerbach#2 Real Estate News & Current Events Contributor
  • Investor and Real Estate Agent
  • Milwaukee - Mequon, WI
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Marcus Auerbach#2 Real Estate News & Current Events Contributor
  • Investor and Real Estate Agent
  • Milwaukee - Mequon, WI
Replied Nov 11 2021, 05:16

@Juwane D Brown That's an unusual lease, typically rent is due on the first and late on the 5th. But that does not really chnage what you have to do: you want to serve notice before the 1st of the month that will be their last.

The sooner you give them notice, the more time they have to find a new home. Which is not easy at the moment, not enough properties on the market. Mention to them that you are happy to give them a positive reference if their new landlord calls you - this will make them understand its a bad ide to not pay you rent for the last month.

Make sure you follow protocoll: law required delivery in perosn or via mail. Email is not an approved method, however you can use email as an additional delivery to mail.

You can get the correct form at wisconsinlegalblanks .com - online or in person.

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Peter Falk
  • Real Estate Broker
  • Madison, WI
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Peter Falk
  • Real Estate Broker
  • Madison, WI
Replied Nov 11 2021, 08:03

Not an attorney, so you can confirm, but do think you have to give notice that you'll be ending the mo to mo lease at least 28 days before the next rent payment is due, but you can definitely give more notice as mentioned would be appreciated I'm sure by the tenant.  Most leases in colder climates end in the spring and summer, so they may have more limited options for finding a vacant property, but that's the risk tenants take with a mo. to mo. lease.

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