renting laws in wi can they charge you when you have a month to month lease for the winter months if you move?

Question

when you give a 60 day notice and it is the winter months can they still charge me rent even if i am not living there until they find someone to rent the apt

Answer 1

If you are month to month, then no, they can not charge you after your notice expired. If you have a lease then they can charge you until the end of it. The season is not taken into the contract.

Answer 2

Wisconsin is, indeed a thirty (or 28) day notice state, as others have posted. Something, however, does not add up here. It would be RARE for a landlord to ask for continued rent in the absence of any such agreement otherwise. Are you CERTAIN that you are on a month-to-month lease?

The demands for continued rents indicate that the landlord thinks that you are NOT month-to-month.

You need to verify that you are truly month-to-month. The time of the year is irrelevant to any rental agreements. The same rules apply year around in Wisconsin.

Answer 3

I am not an attorney, nor have I lived or rented property in that State. But this seems pretty simmple. Look at the terms of the lease that you signed. If it gives them that right, then yes you have to pay it. If not, you don't. If you do not have a written lease, then just give the landlord written notice of when you are vacating the property and stop paying them as of that date.

If the landlord presses you for rent after you leave, contact your city or county govt. to see if there is such an expectation. Just because the landlord is asking for more money does not mean that they have that right.

Answer 4

If you are on a month to month rental agreement all you are required to give is a 30 Day notice to move.
Once you have moved out of the apartment within the 30 days of course. Your contract ends and so will the rent obligation. When you give your notice put it in writing and keep a copy of the 30 day notice to move.

Answer 5

no the first guy is right, month to month means they have the right to vacate you w/30 days notice, you also have the right to vacate w/ 30 days notice, check your lease, i hope you had one, what does it say ??? if you give 30 days, not leave apt a mess, are they trying to take your security deposit ??? hell no !!! what if it takes em 6 months to fill the apt?? are you supposed to pay?? call the housing authority and *****.

Answer 6

if you are contracted into it yes they should charge you because you rent it no matter the cause or reason.I suggest you pay your rent winter spring summer or fall...get it got it good

Answer 7

Wisconsin requires 28 days notice to terminate a month to month tenancy.

The notice must be in writing and given to the landlord per the law. The notice must be given to coincide with the end of the rental term. This means that you are resposible for the full month in which you leave - no mid month notices or prorated rent.

704.19 Notice necessary to terminate periodic tenancies and tenancies at will. (1) Scope of section. The following types of tenancies, however created, are subject to this section:

(a) A periodic tenancy, whether a tenancy from year-to-year, from month-to-month, or for any other periodic basis according to which rent is regularly payable; and

(b) A tenancy at will.

(2) Requirement of notice.

(a) A periodic tenancy or a tenancy at will can be terminated by either the landlord or the tenant only by giving to the other party written notice complying with this section, unless any of the following conditions is met:

1. The parties have agreed expressly upon another method of termination and the parties' agreement is established by clear and convincing proof.

2. Termination has been effected by a surrender of the premises.

3. Subsection (6) applies.

(b) A periodic tenancy can be terminated by notice under this section only at the end of a rental period. In the case of a tenancy from year-to-year the end of the rental period is the end of the rental year even though rent is payable on a more frequent basis. Nothing in this section prevents termination of a tenancy for nonpayment of rent or breach of any other condition of the tenancy, as provided in s. 704.17 .

(3) Length of notice. At least 28 days' notice must be given except in the following cases: If rent is payable on a basis less than monthly, notice at least equal to the rent-paying period is sufficient; all agricultural tenancies from year-to-year require at least 90 days' notice.

(4) Contents of notice. Notice must be in writing, formal or informal, and substantially inform the other party to the landlord-tenant relation of the intent to terminate the tenancy and the date of termination. A notice is not invalid because of errors in the notice which do not mislead, including omission of the name of one of several landlords or tenants.

(5) Effect of inaccurate termination date in notice. If a notice provides that a periodic tenancy is to terminate on the first day of a succeeding rental period rather than the last day of a rental period, and the notice was given in sufficient time to terminate the tenancy at the end of the rental period, the notice is valid; if the notice was given by the tenant, the landlord may require the tenant to remove on the last day of the rental period, but if the notice was given by the landlord the tenant may remove on the last day specified in the notice. If a notice specified any other inaccurate termination date, because it does not allow the length of time required under sub. (3) or because it does not correspond to the end of a rental period in the case of a periodic tenancy, the notice is valid but not effective until the first date which could have been properly specified in such notice subsequent to the date specified in the notice, but the party to whom the notice is given may elect to treat the date specified in the notice as the legally effective date. If a notice by a tenant fails to specify any termination date, the notice is valid but not effective until the first date which could have been properly specified in such notice as of the date the notice is given.

(6) Tenant moving out without notice. If any periodic tenant vacates the premises without notice to the landlord and fails to pay rent when due for any period, such tenancy is terminated as of the first date on which it would have terminated had the landlord been given proper notice on the day the landlord learns of the removal.

(7) When notice given. Notice is given on the day specified below, which is counted as the first day of the notice period:

(a) The day of giving or leaving under s. 704.21 (1) (a) and (2) (a) and (b) ;

(b) The day of leaving or affixing a copy or the date of mailing, whichever is later, under s. 704.21 (1) (b) and (c) ;

(c) The 2nd day after the day of mailing if the mail is addressed to a point within the state, and the 5th day after the day of mailing in all other cases, under s. 704.21 (1) (d) and (2) (c) ;

(d) The day of service under s. 704.21 (1) (e) and (2) (d) .

(e) The day of actual receipt by the other party under s. 704.21 (5) .

(8) Effect of notice. If a notice is given as required by this section, the tenant is not entitled to possession or occupancy of the premises after the date of termination as specified in the notice.