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Ending Your Lease

Also available as a PDF or en español for easy printing.

Purple bold or strikethrough language indicates changes under SB107 (Wis. Act 108). These apply to leases written after 12/21/11 or events that occur after that date, unless otherwise indicated in your lease. Have your lease available when calling the Tenant Resource Center so we can help you know what your rights are.

Red bold or strikethrough language indicates changes under SB466 (Wis. Act 143). These typically apply to leases written after 3/31/12 or events that occur after that date, unless otherwise indicated in your lease. Have your lease available when calling the Tenant Resource Center so we can help you know what your rights are.

IMPORTANT NOTE: Language adopted in SB466 or 2011 Wis. Act 143 indicates that any violation of chapter 704 may be an unfair trade practice and therefore entitled to double damages, court costs and reasonable attorney fees. 

704.95 "Practices in violation of this chapter may also constitute unfair methods of competition or unfair trade practices under s. 100.20.” 

This is in addition to the double damages, court costs and reasonable attorney fees that were allowed under DATCP 134. This means that any violation of tenant-landlord law by the landlord could be entitled to double damages, court costs and reasonable attorney fees.

Reasons To Get Out of Your Lease

Contrary to popular belief, there are no provisions in Wisconsin or local laws that permit tenants to cancel a lease if they buy a house, become ill, lose their job, get a job transfer, etc. However, there are now six clear ways to get out of a lease with no further obligation to pay rent. Most of these existed before the law changes, and the latest change actually contains several more reasons you can break your lease without consequences.

1. Mutual Agreement to End

The landlord and tenant(s) may mutually agree to end a tenancy at any time without further responsibility by either party. The landlord may be willing to sign an early termination in order to:

• avoid disputes between tenants,
• avoid the court costs of the eviction process,
• receive a fee that the tenant offers to pay,
• avoid the cost of a building inspector,
• have access to the apartment to make repairs, or
• have access to the apartment so they can sell it.

If the tenant has a written lease, the agreement to terminate should be in writing, and it requires the consent of everyone on the lease. Even if the tenant does not have a written lease, it is still a good idea to put the agreement to terminate in writing to protect both parties and to have a clear record about what the agreement was. If the landlord asks for a payment, the tenant cannot be required to pay more than the landlord's actual and reasonable costs (including lost rent and advertising costs, but not compensation for time spent re-renting the apartment), but may choose to pay more in order to motivate the landlord to end the lease. Sample mutual termination forms are available from the Tenant Resource Center.

2. Constructive Eviction

If there is a severe health or safety issue and the landlord knows about it and has been given a reasonable time to fix it, a tenant may be able to move out and no longer be liable for lease responsibilities. Wis. Stat. 704.07(4) Unfortunately, it has to be a very severe case to be able to break your lease. The law mentions floods and fires as examples It will be up to the judge to decide if their repairs were severe enough to break your lease so having building inspector reports or other evidence will be important. See our Repair page for more information on constructive eviction.

3. Servicemembers' Civil Relief Act

The Service members' Civil Relief Act allows tenants to end a lease if the tenant enters into a military service, if the tenant receives military orders to change station, or to deploy for 90 days or more. This applies to leases which are occupied or are intended to be occupied by a service member or a service member's dependents (spouse, child or an individual for whom the servicemember provided more than half the individual's support for 180 days preceding application for relief). Tenants must give written 30 days' notice and a copy of the military orders to the landlord in order to use this act.

4. The Safe Housing Act

The Safe Housing Act allows victims of domestic violence, sexual assault, stalking and child abuse to terminate a lease if they feel they are in imminent threat of physical harm by remaining on the premises and have an accepted form of documentation, such as a permanent restraining order Wis. Stat. 704.16(1)(b). To end a lease under these laws, the tenant must write a letter to the landlord saying that they wish to end their rental obligation because they and/or their child face imminent danger of physical harm, and provide a copy of the accepted documentation (example: a court order) to the landlord. Under these limited circumstances, the lease would end as if giving a termination notice for a month-to-month tenancy (see below). Wis. Stat. 704.16 If you have questions about this, contact either the Wisconsin Coalition Against Domestic Violence, the Wisconsin Coalition Against Sexual Assault or a local Victim Witness program or local agency that addresses these issues.

5. The Tenant Has Died

Wis. Stat. 704.165 says that a lease is terminated 60 days after a landlord is notified of a tenant's death (or before, if the lease ends before the 60 days). After 60 days, the tenant's estate is not liable for any further rent. If the unit is surrendered by the estate prior to the completion of the 60 days, then a landlord would have to mitigate damages in the same way as if the lease had been broken. The lease would still be valid for any remaining co-tenants (for instance, a living spouse who was named on the lease).

6. Illegal Lease Clauses

If your lease has any of the following provisions, you can automatically break your lease - these provisions make your lease "void and unenforceable." Wis. Stat. 704.44 Previously, case law was most clear about the provision about legal fees. Recent changes to state law make it more clear that the other provisions also make a lease void and unenforceable. It is important to note that your landlord need not have acted (or tried to act) on the illegal provision(s). The presence of the provisions are illegal on their own. Your landlord cannot terminate your lease without your consent just because it contains an illegal provision since they are the ones that drafted the lease.

• Allowing a landlord to increase rent, decrease services, bring an action for eviction, refuse to renew, or to threaten any of these actions because a tenant has contacted law enforcement or emergency services for their safety Wis. Stats. 704.44(1m)
• Evicting in any other way besides by state law (see Eviction). Wis. Stats. 704.44(2m)
• Speeding up rent payments for breaking the lease. Wis. Stats. 704.44(3m)
• Requiring tenant to pay landlord attorneys fees or costs for defending your rights, unless the court awards them. Wis. Stats. 704.44(4m)
• Allowing the landlord to “confess judgment” for the tenant for any action in the rental agreement. Wis. Stats. 704.44(5m)
• Excusing the landlord for liability for property damage or personal injury due to negligent acts or omissions by the landlord. Wis. Stats. 704.44(6)
• Imposing liability on the tenant for personal injury arising from causes beyond their control, property damage caused by natural disasters, or by persons other than the tenant or their guests. Wis. Stats. 704.44(7)
• Waiving responsibility for landlord to provide premises in habitable condition or maintain the property. Wis. Stats. 704.44(8)
• Allowing the landlord to terminate the tenancy if a crime is committed in or on the rental property, even if tenant could not have reasonably prevented the crime. Wis. Stats. 704.44(9)

Leaving Your Lease Early

Tenants who need to move out early, and who aren't able to end the lease for the six reasons above, have two options: breaking the lease and subletting.

Breaking Your Lease

All tenants may break their leases, even if the landlord says that subletting is the only option. If you want to break your lease, write a letter to your landlord (keeping a copy for yourself) stating that you are breaking your lease and the date that you are moving out. all tenants on the lease must break the lease at the same time. Remind the landlord that s/he has a duty to mitigate (lessen) damages by making efforts to re-rent the apartment as soon as possible. Wis. Stat. 704.29 You will be obligated to the rental agreement until a new tenant signs a lease and moves in, but after that you will no longer be responsible for the apartment, unlike a sublet. Your landlord can bill you for the rent during the time that the unit remained unrented until your lease expires, provided they mitigate their damages.

Mitigation

The landlord has the obligation to mitigate the damages by trying to find a new tenant once you move out and stop paying rent. Wis. Stats. 704.29 (2) This means that:
• The landlord must advertise your apartment the same way s/he normally advertises vacant apartments. Wis. Stat. 704.28(20(a)
• The landlord must show your apartment to interested tenants. Although s/he cannot try to steer prospective tenants away from your apartment to other vacant apartments, s/he is not required to rent your apartment first. Wis. Stat 704.29(2)(b)
• The landlord may charge you the actual costs associated with re-renting your apartment (advertising, etc), but not for time spent. (see note in the history of the law) Fees to break the lease that go beyond advertising costs and unpaid rent are often something a tenant can recover.

If the landlord is not mitigating

• Compile evidence showing that your landlord hasn't mitigated. (See examples of such evidence below.)
• Send a letter to your landlord (keeping a copy for yourself) detailing your evidence of his/her failure to mitigate, and state that this failure means that you are no longer obligated to pay rent.
• If the landlord takes you to small claims court for unpaid rent, you will need to prove that s/he failed to mitigate or that his/her efforts to mitigate were not reasonable, so you should keep all evidence and correspondence relating to the landlord's failure to mitigate. Wis. Stat. 704.29 (3)

Proving whether the landlord is trying to mitigate

• Look for ads for your apartment in local newspapers, on Craigslist and in rental publications.
• Have a friend call to inquire about vacant apartments to see if the landlord mentions your unit. If there are many apartments available in a complex, your friend could mention specifics about your unit (such as the number of bedrooms, the floor it's on, which direction the windows face). Get a written statement from your friend.
• Find out if your landlord has raised the price of your apartment or changed the lease (for example, now not allowing pets or smokers). Significantly altering the rental terms in a way that makes the unit more difficult to rent, or makes it less desirable to potential tenants, can be failure to properly mitigate damages.
• Stop by to see if the landlord is renovating or using your apartment. Take photos if this is the case.

Re-renting the apartment yourself

This is often the fastest way to find a new tenant, especially if you are worried that your landlord will not try to re-rent the apartment.

• Place ads for your apartment and have people call you directly.
• Show the apartment yourself.
• Give interested people applications (get them from the landlord). The landlord can only require they meet the same standards you were required to.
• Keep names and phone numbers of interested tenants so you can follow up with them in case the landlord is trying to keep people from renting the apartment. Get written statements, if possible.

If the landlord refuses to sign a lease with tenants you have found to re-rent the apartment to, remind the landlord that it is their duty to mitigate and that if they don't sign the lease, it will be evidence that they are not mitigating and you will no longer be required to pay rent for the apartment.

Subletting Your Apartment

If you sublet you will still be on the lease, even though you will no longer be living in the apartment. If the person you sublet to does not pay the rent or damages the apartment, you will be financially responsible. Although subletting can be risky, you may want to sublet if you wish to return to the same apartment after a time away, have a specific friend or relative who wants to move in, or feel that you'll need to offer an incentive, such as reduced rent, to find someone to move in. If you have roommates and you are the only one moving out, subletting may be your only option.

A sample Sublet Agreement Form is available as a PDF.

Issues to consider before subletting

• Landlord Permission. Tenants who have regular written leases that are not month-to-month can sublet without the landlord's permission unless the lease says otherwise. Wis. Stat. 704.09(1) Check your lease. If you sublet without the landlord's permission and permission is required in the written lease, the landlord can evict the sublessees and possibly hold the sublessor (you) liable for remaining rent payments and other costs until the place is re-rented.
• Landlord Sublet Procedures. Some landlords have specific procedures which you must follow for sublet permission. Some landlords require that you advertise, show the apartment, and forward interested parties to them for approval. Some landlords are willing to show the apartments. Some landlords demand "sublet fees" as well as the actual cost of ads. If a flat fee is required, ask in writing for itemized fees, so you know the actual and reasonable costs. Flat fees over $100 are likely illegal.
• Roommate Permission. If you have roommates, finding an acceptable sublessee may become an issue with them. All parties on the lease must agree to any major changes, including adding new tenants. Make sure that your roommates meet the potential sublessee. Remind your roommates that they are "jointly and severally" liable, so if you do not find a sublessee and do not pay the rent, the landlord may try to evict and/or collect your rent from them.
• Screen the Possible Sublessee. You will want to screen potential sublessees carefully, because you can be ultimately responsible for unpaid rent or apartment damages. You want to be assured that the sublessee you find is able to pay the rent and has not had past rental problems. You may ask for landlord references to find out if they paid rent late or caused damages in previous apartments. A landlord may also decide to screen the potential sublessees themselves.
• Sublet Agreements. The single most important step is using a written sublet agreement. List all terms of the sublet clearly, such as the starting and ending dates, amount of rent, and how rent will be paid, the security deposit arrangement, and who will clean the apartment at the end of the lease or pay charges to the deposit. Include any particular conditions such as whether or not the apartment will be furnished, responsibilities like taking care of plants or pets, and parking.
  
• Security Deposits. Because you are ultimately responsible in a sublet agreement, you may want to collect a deposit from the sublessee. In the event the landlord sues the sublessee and/or you, you will at least retain some of the sublessee's money. When you collect the deposit, you can keep it yourself and/or arrange with the landlord in writing for the deposit you paid to be returned directly to the sublessee. In some cases, the landlord may charge the sublessee a deposit while trying to keep the original tenant's deposit. In the cities of Madison and Fitchburg, this charge is illegal if the total deposit exceeds one month's rent. Landlords may charge a sublessee any amount for a deposit. See our Security Deposit page for more information.
  
• Check-In. It is wise to have your sublessee complete a check-in form when they move in to document the apartment conditions. Both you and the landlord should keep copies.

  The new law requires the landlord to provide the tenant a "standardized information check-in sheet that contains an itemized description of the condition of the premises at the time of check-in." This means the landlord should fill in the check-in sheet. Since the sublessor takes on the landlord's role, it would be wise to fill out the form yourself, as well as give them a form to fill out.

  The new law also says: "The tenant shall be given 7 days from the date the tenant commences his or her occupancy to complete the check-in sheet and return it to the landlord." This means there should also be an area for the sublessee to fill in the check in sheet with their description of the premises. It is unclear if there is a deadline for the sublessee to fill in the check-in sheet, but the sublettor should give them at least 7 days. Wis. Stat. 704.08. Failure to meet the sublessor's deadline in any way does not negate the information on the form.

  ATCP 134 says tenants have at least 7 days from when they move into an apartment to give the completed check-in form to the landlord. How this is impacted by 2011 Wis. Act 143 is unclear.

  No matter what, tenants should keep a copy of the completed check-in form or forms for themselves.

  Have the sublessee make a copy of the completed forms for him- or herself. Give the original to the landlord within several days of moving and keep a copy for your records.
• Check-Out. Make an appointment to check out with your landlord before the new sublessee moves in. You can also fill out a check-out form. Inform your landlord in writing that you completed your own check-out form. Make a copy of the completed check-out form and give the original to the landlord. If you believe you may have difficulty getting your deposit back, have a witness (not a roommate or relative) inspect with you and sign the completed check-out form. You can also take photos to document the condition of the unit.

Ending a Month-to-Month Tenancy

Month-to-month tenancies and other periodic tenancies are normally terminated by written notice given at least one full rental period before the termination takes effect. Wis. Stat. 704.19(3) Both the tenant and the landlord have the right to give notice without a reason and must follow the same procedures as specified in Wis. Stat. 704.19:

• Give written notice of intent to terminate. Verbal notices are not valid, no matter whether the lease was written or verbal. Wis. Stat. 704.19(20(a)
• State the date you are ending your lease. The date must be the last day of a rental period, and at least 28 days away. If the termination notice is given less than 28 days before the end of a rental period, it is still valid; however, it goes into effect at the end of the following rental period. Wis. Stat. 704.19(5) If your lease says that you must give more than 28 days notice, that is valid and enforceable, even if the lease has since expired. Check your most recent written lease to see the amount of notice required.

Termination of a month-to-month tenancy is not the same as an eviction. Please see Eviction for more information.

When a Regular Lease Ends...

Tenants and landlords can both choose to end a lease when the lease term is over (for example, a year long lease with no automatic renewal clause).

The landlord has no legal obligation to renew the lease, unless:

• The landlord is choosing not to renew for discriminatory or retaliatory reasons.
• There is an automatic renewal clause in effect, and the landlord hasn't given appropriate written notice. Wis. Stat. 704.15

A non-renewal notice is not the same as an eviction. Please see Eviction for more information.

The tenant has no legal obligation to renew the lease, unless there is an automatic renewal clause in effect, and:

• The landlord sent a written notice 15-30 days before the tenant's written notice to end the lease was due, and
• The tenant didn't give written notice in the time period specified on the lease required to end the lease. Wis. Stat. 704.15

Ending Your Lease Vocabulary

Automatic Renewal Clause: A clause in a lease causing it to continue after the lease term is over, with no further written agreement between tenant and landlord.

Break your lease: End a tenancy early by moving out without the agreement of the landlord.

Damages: The amount of money a tenant or landlord may be entitled to when the other breaks a lease or other agreement, including unpaid rent and utilities, and physical damages to the apartment.

Jointly and severally liable: All co-tenants, sublessors and sublessees are equally responsible for all terms of the rental agreement, including for example the full payment of rent. The landlord can hold one or any tenant responsible. Tenants can then hold each other responsible.

Mitigate: Lessen or minimize.

Rental Period: The period for which you pay rent. Usually in monthly increments, the rental period begins on the day that you are required to pay rent, and ends the day before you are next required to pay rent.

Sublessor: Original tenant.

Sublessee: New tenant.

Sublet: Make an agreement with a new tenant to assume responsibility for the lease. If the new tenant fails to fulfil responsibilities, the original tenant remains responsible.

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