Are you on a month-to-month lease in Wisconsin? Here's what to know

Month-to-month leases are very common in Milwaukee, according to Maudwella Kirkendoll, chief operating officer for Community Advocates.

But while many renters value the flexibility of such leases, they don't always realize landlords can demand they vacate the property on short notice, he said.

"We see it all the time," Kirkendoll said. "When they receive a 28-day notice they're in shock, and say, 'Well, I didn't do anything wrong, so I shouldn't be evicted.'"

If you're on a month-to-month lease in Wisconsin or considering one, here's what you need to know:

What is a month-to-month lease?

A month-to-month lease is a rental agreement between the landlord and tenant without an exact end date. Similar to leases that are a year or longer, tenants in a month-to-month lease pay rent at the end of each month. A month-to-month lease can go on for years or end after just one month.

However, the terms of a month-to-month lease can change each month, since each month is the beginning of a new rental agreement. For example, a landlord can decide to increase rent, stop including utilities in rent or begin charging a pet fee.

What is a notice to vacate?

A notice to vacate is a written or printed letter that the month-to-month lease is terminated. The notice can be submitted by either the landlord or the tenant. The notice doesn't have to include a reason for terminating the lease.

Is a notice to vacate the same as an eviction notice?

No, a notice to vacate isn't the same as an eviction notice, Toman said. A notice to vacate isn't filed with the court.

How much notice does a landlord have to give a tenant to move out on a month-to-month lease?

In Wisconsin, both landlords and tenants are legally required to give at least 28 days notice to vacate before the first of the following month, said attorney Nick Toman from the Legal Aid Society of Milwaukee. However, it's common for these month-to-month lease agreements to state that the tenant needs to give landlords 60 days notice, Toman said.

How does a landlord or tenant initiate a notice to vacate?

Similar to an eviction notice, landlords can deliver the notice in person to the tenant or to a "competent member of the tenant's family" who is 14 years or older, according to Wisconsin state statute. If the landlord isn't able to hand over the notice with "reasonable diligence," then the landlord can place the notice in an easy-to-see spot, such as the front door, and mail a copy of the notice to the tenant's last-known address, according to state law.

The statute gives identical guidelines to tenants who are submitting a vacate notice. Tenants, however, can also submit the notice to whoever collects rent or manages the property on behalf of the landlord, such as a building manager or property manager.

What happens if a tenant doesn't leave after receiving a notice to vacate?

If the tenant doesn’t vacate the apartment by the stated date, the landlord can file an eviction notice with the court. The landlord can also collect damages from the tenant in court. Some of the damages the landlord can seek are rental value, insurance, taxes and repairs, according to Wisconsin law.

How soon do landlords have to return security deposits?

Whether the lease type is a month-to-month or yearly, landlords have 21 days following the end of the rental period to return security deposits to tenants, Toman said.

A common issue that Kirkendoll hears from renters is that the landlord or building management makes several deductions from the security deposit. By the time security deposits are returned, the tenants have likely already moved out and can't disprove the landlord's damage claims.

This situation isn't limited to month-to-month leases. That's why Kirkendoll always recommends renters do a walk through with the landlord on the move-out date.

I'm facing a notice to vacate and need legal or financial help. What resources are available?

Community Advocates offers many services that can help renters, such as rent assistance and security deposit assistance programs. It also has a list of available low-income housing that is refreshed each week. Community Advocates often helps people facing vacate notices and evictions.

Renters can also reach out to the Legal Aid Society of Milwaukee for advice.

You can call the Community Advocates at (414) 449-4777 and the Legal Aid Society at (414) 727-5300.

Gina Castro is a Public Investigator reporter. She can be reached at gcastro@gannett.com.

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This article originally appeared on Milwaukee Journal Sentinel: What to know about month-to-month leases, notices to vacate in Wisconsin