One of the services that Tenant Resource Center provides are lease screenings. If you have any questions about your lease, bring it to our office! We can read through it with you, give clarification on the confusing wording of some things, and let you know what it says (and what it doesn’t say), but we cannot provide advice or interpretation (i.e. we cannot advise you on whether or not to sign something or whether to strike a clause from the lease, those are questions for someone who practices law). 

Thing for tenants to think about before signing a lease early 

• Roommate conflicts- The earlier you sign a lease, the more time there is for the possibility of falling out with your future roommates to occur. Remember, you'll live with these people for a year, so make sure you understand joint and several liability. If you are thinking about living with roommates, you may want to draft up a Roommate Agreement.
• Unknown plans- You may find an excellent opportunity for studying abroad or an internship. Still, if you've already signed a lease, you might have to pay rent in Madison while living in another city.
• Potentially lower rent- Historically, some landlords reduce rent prices as it gets closer to summer, and there may be apartments left un-rented in August.
• Once you sign a lease, you're obligated- You can't break a lease without consequences. Although the landlord must attempt to re-rent the apartment after you leave, they can charge you for all expenses (not including the cost of showing the apartment) incurred, plus the rent while the apartment is vacant. Subletting is an option, but it can be hard to find sublessees.

The following is a list of things to watch out for in a lease

• The amount of rent, apartment address, or occupancy dates must be filled in- If these things are not addressed in your lease, then the landlord could try to change the terms of your lease regarding the location, amount of rent, or potentially terminate your lease with only a 28 days’ notice.
• Set cleaning fees- Most court commissioners and judges will want proof of costs; landlords must usually provide receipts for cleaning costs if they go to court (in the case of a security deposit dispute, for example). Pre-set fees are a way for them to avoid having to provide proof of costs if you and the landlord become court involved. 
• Fees for carpet cleaning or painting- Landlords can only deduct from your security deposit for routine carpet cleaning or painting if the damage is beyond normal wear and tear. However, landlords may include language in their lease stating that tenants are still required to pay for routine carpet cleaning–the most important thing is that no part of that payment should be taken out of the security deposit.
• Responsibility for repairs is placed solely on the tenant- This is illegal. The landlord is responsible for the structure's repairs and supplied amenities. They may only require you to pay if you or your guest caused damages.
• Separate addenda- Typically, anything in a "NONSTANDARD RENTAL PROVISIONS" form waives your rights as a tenant in Wisconsin. A common nonstandard rental provision is where a tenant agrees to allow a landlord to enter their unit for reasons in addition to what is allowable by law.

Void and Unenforceable Clauses

Usually, an illegal rule in a lease will be unenforceable while the rest of the lease is still valid (a tenant would still be obligated under the terms of the lease, except for the illegal rule). However, specific illegal provisions in a lease can render the whole agreement void and unenforceable, and allows a tenant to end the agreement with a 28-day non renewal notice. 

State law and consumer protections have articulated that, if certain rental provisions are included in a lease, those provisions make that lease unenforceable. A lease being void and unenforceable is a one-way street: The tenant may quit the lease without any consequences, but the landlord cannot terminate the tenancy without the tenant’s consent. Also, it is not necessary for a landlord to have acted (or have tried to act) on an unenforceable rental provision. The provision’s mere presence in the lease makes it unenforceable on its own.

These provisions are: 

• Allowing a landlord to increase rent, decrease services, bring an action for Eviction, refuse to renew, or threaten any of these actions because a tenant has contacted law enforcement or emergency services for their safety. In other words, attempting to evict or non-renew a tenant because they called emergency services, such as the police, due to fear for their safety.
• Evicting in any other way besides by state law. State law requires that landlords who want to pursue eviction proceedings against tenants must go through the court process if they are seeking a judgment of eviction. 
• Speeding up rent payments for breaking a rule in the lease. 
• Waiving the landlord's duty to mitigate damages if the tenant vacates early.
• Requiring tenants to pay the landlord's attorney's fees or costs, unless the court awards them. 
• Allowing the landlord to "confess judgment" or speak for you in court about any action or inaction related to the rental agreement. 
• Excusing the landlord for liability for property damage or personal injury due to negligent acts or omissions by the landlord. 
• 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.
• Waiving responsibility for the landlord to provide premises in habitable condition or maintain the property. 
• Allowing the landlord to terminate the tenancy of a tenant based solely on the commission of a crime in or on the rental property if the tenant, or someone who lawfully resides with the tenant, is the victim of that crime. 
• Allowing the landlord to terminate the tenancy of a tenant for a crime committed concerning the rental property, and the rental agreement does not include the notice required under Wis. Stat. 704.14. See also the Safe Housing Protections- NOTICE OF DOMESTIC ABUSE PROTECTIONS section below.

Summary

• Read the lease carefully and watch out for the clauses mentioned above. (Learn more about Reading Your Lease)
• Describe needed repairs in writing with a set deadline to repair before you sign the lease.
• Bring your lease and any addenda to the Tenant Resource Center so we can look it over with you.
• Keep a copy of the lease for your records immediately after you've signed it. ATCP 134.03(1)

What the Landlord Must Disclose

Landlords must give applicants certain information before accepting money so tenants can decide if they are interested. Landlords are also required to write certain important information in the leases.

Tenants' Copies of Agreements

Tenants must be allowed to inspect copies of all written agreements and rules before they pay any money to the landlord or make any rental agreement. When a tenant signs a lease, the landlord must give them a copy of the signed lease per ATCP 134.03(1). If you request one from the landlord and they do not respond, you may file a complaint to Consumer Protection. Here are some things to consider when reading your lease.

Note: Reading your lease before signing is extremely important. Just because a landlord puts something in the lease does not mean it is legal. If the landlord puts specific illegal clauses in a lease, it could invalidate it. It will also tell you what they can do with your property when you move out or if you are evicted. See Ending a Lease and Property Left Behind for more information. If you have any questions, stop by during our walk-in hours at one of our locations before signing, and we can help you understand the lease and identify possible problems.

Disclosure of Owner/Manager Information

Landlords must give the following information to tenants in writing before or when they enter into a lease:

• Name and address of the person who collects the rent
• Name of the person who manages the building
• Name and address of the repair contact person. The tenant must be able to contact that person quickly.
• The name of the owner or other person authorized to accept legal papers and other notices (must be in Wisconsin and must be a street address, not a post office box). ATCP 134.04(1)

Landlords who reside in and manage a building with four or fewer units don't need to provide owner/manager info in writing according to ATCP 134.04(1)(c). In buildings with more than four units or where the owner doesn't live on-site, tenants must be notified of changes in contact information within ten days per ATCP 134.04(1)(b). Rental agreements can also be sent via email or text per Wis. Stats. 704.10

If the Landlord Does not provide this Information

• Contact the city assessor/treasurer or county register of deeds and find out what information they have available.
• Look up that person's office or home phone number if you need to reach the landlord in an emergency.
• Send any rent or repair requests to the owner's address, along with a request for any information not disclosed in the rental agreement and keep dated copies of all your written requests.
• Mail the rent payment at the post office and get a "certificate of mailing" (cheaper and faster than registered mail) or "delivery verification" to verify delivery. If everything runs smoothly, you may not need future receipts, but keep copies of each payment, the letters you send, and any receipts.
• Tenants may also file a complaint with Consumer Protection (DATCP online or at 800-422-7128).

Utility Disclosure Information

Before signing a rental agreement or paying any money, ask your landlord which utilities you'll be responsible for. Ensure you know any common area utilities, like hallways, parking lots, yards, and laundry rooms. If the apartments don't have separate meters, your landlord must explain how they calculate each renter's utility payments. ATCP 134.04(3). If they say you'll be paying for a shared meter, try negotiating a fairer arrangement, like paying a portion equal to the number of people in each unit. Once you've agreed to the terms, have the landlord sign the agreement and keep a copy for yourself.

If the Utility Information Was Not Disclosed

Call the local utility company for help. A service person may visit your home to see what services you should pay for.

If you find out you are paying for someone else's utilities, ask the utility company for a copy of previous bills and estimate the amount the landlord should refund you. The utility company can help with estimates. If you live in the MG&E service area in Dane County, you can find some information about estimates here.

Tenants who find out they have a shared meter that was not disclosed to them should write a letter requesting a refund and give the landlord a deadline (ten days to two weeks). If the landlord does not respond, file a complaint with Consumer Protection (DATCP online or 800-422-7128).

Mediation may be helpful if a tenant and their landlord are still unable to come to an agreement. The Wisconsin Academy of Mediators & Arbitrators or the Wisconsin Association of Mediators may be able to help resolve the situation. If the landlord does not comply, the tenant may sue in Small Claims Court for mandatory double damages, court costs, and reasonable attorney's fees. Wis. Stat. 100.20(5)

Disclosure of Building Code Violations

Before entering into a rental agreement or accepting earnest money, the landlord must tell the tenant about documented, uncorrected building code violations that they know of and are a significant threat to the prospective tenant's health or safety. ATCP 134.04(2)(a), Wis. Stat. 66.0104(1), 2013 Wis. Act 76, Sec. 2. These include: Any lack of hot or cold running water, safe electrical system, sewage disposal, heating systems unable to reach 67°F in all living areas in all seasons, and all other likely health or safety hazards. ATCP 134.04(2)(b)

In the City of Madison, the landlord must also disclose the tenant's right to abate rent (reduce rent payments to enforce the completion of inspector-mandated repairs), off-street parking requirements, and occupancy standards (how many people can live in an apartment). Violations of Madison's disclosure requirements can carry a fine.

Promises to Repair

When a landlord promises to make repairs before you sign your lease/move in, they must put these promises in writing. Consumer Protection can help you if they still need to be completed on time. For more information, see our Repairs page, or contact Consumer Protection (DATCP online or at 800-422-7128). 

The landlord can make a promise repair via email or text. Wis. Stat. 704.10(3), 2017 Wis. Act 317, Sec. 42

Lead Paint Requirements

According to Housing and Urban Development (HUD), a landlord must disclose that a dwelling built or remodeled before 1978 may contain lead paint and provide the tenant with a pamphlet about lead hazards. 42 U.S. Code § 4852d. Call HUD at (414) 297-1493 or the Environmental Protection Agency (EPA) for enforcement. For more information on lead paint, visit the HUD website or our article about lead paint. 

Safe Housing Protections

The following language (a summary of the Safe Housing Act) must be provided in every lease, or  addendum to a lease: (Wis. Stat. 704.14, 2013 Wis. Act 76, Sec.14)

"NOTICE OF DOMESTIC ABUSE PROTECTIONS

(1) As provided in section 106.50 (5m)(dm) of the Wisconsin statutes, a tenant has a defense to an eviction action if the tenant can prove that the landlord knew, or should have known, the tenant is a victim of domestic abuse, sexual assault, or stalking, and that the eviction action is based on conduct related to domestic abuse, sexual assault, or stalking committed by either of the following:

(a) A person who was not the tenant's guest.

(b) A person who was the tenant's guest, but the tenant has done either of the following:

• She sought an injunction barring the person from the premises.
• Provided a written statement to the landlord stating that the person will no longer be a tenant's guest and the tenant has yet to invite the person to be the tenant's guest subsequently.

(2) A tenant who is a victim of domestic abuse, sexual assault, or stalking may have the right to terminate the rental agreement in certain limited situations, as provided in section 704.16 of the Wisconsin statutes. If the tenant has safety concerns, the tenant should contact a local victim service provider or law enforcement agency.

(3) A tenant is advised that this notice is only a summary of the tenant's rights and the specific language of the statutes governs in all instances."

Note: If there is a clause in the lease prohibiting crime, and this language, quoted above, is not in the lease, then the lease is void and unenforceable. Wis. Stat. 704.44(10). For more information, see our Ending Your Lease page.

Sex Offenders

If tenants request information about sex offenders in writing, the landlord should inform them to get information from the sex offender registry or the Department of Corrections. While landlords are not obligated to keep this information themselves, landlords are obligated to disclose any "actual knowledge" they have about a specific person IF a tenant asks for it. They are not liable for any particular disclosure if they refer a tenant to obtain information about the sex offender registry and persons registered by contacting the Department of Corrections with appropriate contact information. Wis. Stat. 704.50

← Back to Eviction.

If you’ve been wondering about whether or not you can get out of your lease early and, if so, how, then this post is for you. Before you start considering your options, you should know what kind of tenancy you have.

The Types of Tenancies

All rental agreements can be sorted according to their rental durations.

Term Tenancies (e.g. 1 Year Lease)

The most commonly-offered type of rental agreement in Dane County is the term lease. Term leases are those which have specified start and end dates and recurring rental periods for which rent is to be paid on a regular schedule. You’ll know you’re looking at a term lease if it says the day the lease starts, the day the lease ends, and the day rent is due for each rental period. 

Usually term leases run for one year (though it’s totally ok for term leases to extend for only a few months or even a few years) and rent is to be paid within the first 3 to 5 days or so of the start of the month. Do note that the start of the month is not necessarily the 1st, even though that’s fairly standard practice. Also, the rental period doesn’t even have to be monthly. For example, a lease could say that rent payments are due once every other month, for example.

Periodic Tenancies (e.g. Month-to-Month Lease)

Periodic leases do not have a specific end date but they do have recurring rental periods. The type of periodic tenancy - i.e. month-to-month, week-to-week, etc. - is determined by the intent of parties, which is generally (though not always) the interval between rent payments. So, if you pay at the start of a monthly period, that’s a month-to-month periodic tenancy. If you pay at the start of a weekly period, that’s a week-to-week. So on and so forth.

Tenancies-at-Will

The last kind of rental agreement is a tenancy-at-will. Basically, the tenancy-at-will continues the progression seen from the term to the periodic tenancy; a tenancy-at-will has neither a specific end date nor a recurring rental period. A tenancy-at-will is characterized by some sort of agreement in which the tenant agrees to give to the landlord something (usually other than money) in exchange for housing. For example, the tenant-at-will might agree to periodically perform groundwork for the landlord.

One quick point on work: If you receive housing as part of your job, then you are not a tenant (and therefore not entitled to the rights of a tenant). Any person who receives housing as part of an employment contract is not considered a tenant under Wisconsin State Law (Wis. Stat. 704.01(5)).

So, the kind of tenancy you have will (1) determine how your lease normally ends and (2) impact the various ways your lease can end early. If you’re feeling unsure about what kind of tenancy you have, TRC has a page designed to help you here.

Standard Endings for Tenancies

If you have a term tenancy, the tenancy ends at the date and time specified in the lease. This doesn’t change if you sign a lease renewal or extension. That first lease still ends on the stated day. What happens is that the second tenancy kicks in when the first expires.

Things get a little trickier when it comes to periodic and term tenancies. Remember these kinds of tenancies do not have definite end dates. So, to end a periodic tenancy, either the landlord or tenant has to give 28 days notice in writing to end the tenancy. Note that 28 days is the minimum. In some cases a landlord or tenant may opt for a longer notice; and, in other cases, the rental agreement may require longer notices, such as 60 days. (TRC has a post on how to count days in a notice here.)

Periodic tenancies must also end on the last day of the rental period. Since most periodic tenancies are month-to-month (and start on the first day of the month), the last day of the rental period is then usually the last day of the month. If rent is due on the 15th, then the last day in a period would be the 14th. Applying this condition to rental periods longer than one month is pretty clear. But, let’s say you have a week-to-week tenancy that runs Monday through Friday. What then? Well, both the landlord and tenant are still required to give at least 28 days notice. So, if the landlord decides to give the tenant a notice of non-renewal on the first day of the month, the tenancy would end on the Sunday after 28 days had elapsed.

Ending tenancies-at-will does not require terminating them on the last day of their rental period. (Remember tenancies-at-will don’t have those to begin with!) The tenancy-at-will can be ended on any day as long as sufficient notice is given. (Click here for TRC’s post devoted entirely to notices when ending a tenancy.)

Ending the Lease Early

The ways to end a lease early can be divided into two categories: ways to end the lease when some special circumstances exist and ways to end the lease when special conditions do not exist. We’ll start with the latter.

Ending the Lease: No Special Circumstances Exist

Mutual Agreement to Terminate

The landlord and tenant(s) may mutually agree to end a tenancy at any time without further responsibility by either party. Landlords and tenants might decide to pursue this course for any number of reasons. Maybe the landlord wants to renovate the space and offers to move the tenant into another newly-renovated unit without increasing the rent. Maybe the tenants are experiencing severe disputes and the landlord thinks letting the tenants out of the lease will be easier than working to resolve the issue. Maybe the landlord and the tenant just don’t want a rental agreement anymore.

Whatever the reason, if you and either your landlord or tenant are thinking of mutually terminating the rental agreement, make sure to get it in writing. Also, if there are more than two parties to the lease, make sure to get consent for termination from every party, otherwise the termination does not go into effect. If your landlord asks for payment, you 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) incurred as a result of the early termination. That said, you may choose to pay more as a way to convince the landlord. TRC has sample mutual termination forms here. You might also consider reviewing TRC’s posts on negotiation and getting things in writing.

Breaking the 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 (and be sure to keep a copy for yourself!) in which you state that you are breaking your lease and when you are doing so. Also, similar to how mutually terminating a lease works, all tenants on the lease must break at the same time. If one tenant refuses to break the lease, then the lease remains in effect. If, for whatever reason, tenants break the lease in phases, then the lease is not broken until the last tenant vacates the unit.

For a more in-depth look at breaking lease, please see here.

Mitigation

Once a tenant breaks their lease, the landlord is required to mitigate damages (Wis. Stat. 704.29). The landlord must make “reasonable efforts” to re-rent the unit as if it had been vacated at the standard end of the tenancy. “Reasonable” efforts are basically those actions that the landlord took to rent the unit in the first place (Wis. Stat. 704.29(2)(a)). So, if the tenant found out about the unit on Craigslist, presumably it would be reasonable for the landlord to post it again after the tenant had vacated it. And, if some prospective tenants express interest in the unit, the landlord cannot try to steer those tenants away. This prohibition does NOT mean that the landlord has to rent out the unit first however (Wis. Stat. 704.29(2)(b)).

If you (as a tenant) think your landlord is making reasonable efforts to mitigate, then you may decide to pay the landlord whatever damages they claim they experienced as a consequence of you vacating early. If you think your landlord is not making reasonable efforts to re-rent the unit, then you may decide not to pay the damages the landlord claims. In response, the landlord may try to recover the money in Small Claims Court. If you sense that things may be headed in this direction, compile whatever evidence on your landlord’s efforts to re-rent you can. For instance, you can pull screens from Craigslist or other similar sites showing that the landlord had yet to post a listing by such-and-such date. You can also drive by to see if the unit is being renovated or otherwise used by the landlord. If so, take a few pictures if possible. (It sounds creepy, but it might save you some money in the long run!) Also, if you find out the price of the unit is going up or that the new lease will come with additional provisions (like forbidding pets or requiring that the tenant now perform yard work), try to grab proof. 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 a failure to properly mitigate damages.

You could even try to re-rent the apartment yourself, especially if you think the landlord will not try to do so. You can then place ads for the unit, show it to prospective tenants, and even hand out applications (assuming the landlord gives them to you). If the landlord refuses to sign a new lease with similarly qualified potential tenants, remind the landlord that it is their duty to mitigate and that it may be evidence that they are not mitigating if they don't sign the lease.

The upshot of all of this is that, in order for the landlord to recover through Small Claims any damages they incurred as a result of you breaking your lease, the landlord has to show that they made reasonable efforts to re-rent the unit as soon as possible. This is where your compiled evidence comes in: If you can prove that the landlord’s efforts were not reasonable, you may be able to convince a judge that you don’t owe the landlord any money (Wis. Stat. 704.29(3)). 

To summarize: You can break your lease. If and when you do break your lease, you are still (potentially!) on the hook for any damages the landlord incurs as a result of you vacating early. And you are on that hook until the landlord re-rents the unit or lease expires (whichever comes sooner). However, in order to recover through Small Claims Court any damages the landlord incurs, the landlord must be able to show that they properly mitigated those damages. 

Subletting

Subletting actually does not end a tenant’s lease.  Instead, the tenant is effectively putting out a lease on their lease. So, since subletting does not end the lease, we won’t spend too much time on it.  If you’re looking for all you need to know about subletting, please check out TRC’s post on subletting here.

If you check your current (or prospective) lease, you may find that it contains a provision saying that you are prohibited from breaking lease. Alternatively, it may say something to the effect that you must sublet if you would like to vacate the unit early. TRC believes any rental provision which states only subletting is allowed is unenforceable (as it arguably “purport[s] to waive the landlord’s obligation to mitigate damages” (Wis. Stat. 704.44(3m), 2011 Wis. Act 143, Sec. 28). So, since the provision is unenforceable, you can still (according to us!) break your lease. But, now seems like a good time for the reminder: We at TRC are not lawyers and the information contained here and elsewhere on TRC’s site should not be used or construed as legal advice. If you have a rental provision saying that only subletting is allowed and you would like to break your lease, please consult a lawyer to get their take.

Ending the Lease: Special Circumstances Exist

These are more unique cases in which a tenant can get out of their lease with no further obligations to their landlord.

Clauses which Make the Lease Void and Unenforceable

State law and consumer protections have articulated 10 rental provisions such that, if they are included in a lease, make that lease unenforceable (i.e. the state or other regulatory power does not have interest in ensuring that the terms of the lease are fulfilled). A lease being void and unenforceable is a one-way street: The tenant may quit the lease without any consequences, but the landlord cannot terminate the tenancy without the tenant’s consent. Also, it is not necessary for a landlord to have acted (or have tried to act) on an unenforceable rental provision. The provision’s mere presence in the lease makes it unenforceable on its own.

Here are the 10 prohibited rental agreement provisions:

• 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 (ATCP 134.08(1).
• Evicting in any other way besides by state law (ATCP 134.08(2)).
• Speeding up rent payments for breaking a rule in the lease or otherwise waiving the landlord’s obligation to mitigate damages (ATCP 134.08(3)). (We’ve seen this one before! It’s part of the foundation for TRC’s position that tenants can break lease.)
• Requiring the tenant to pay the landlord's attorney's fees or costs for any court action related to the rental agreement (ATCP 134.08(4)). NOTE: This does not prevent a landlord (or tenant) from recovering court costs ordered by the court.
• Allowing the landlord to "confess judgment" or speak for you in court about any action or inaction related to the rental agreement (ATCP 134.08(5)). 
• Excusing the landlord for liability for property damage or personal injury due to negligent acts or omissions by the landlord (ATCP 134.08(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 (ATCP 134.08(7)).
• Waiving responsibility for the landlord to provide premises in habitable condition or maintain the property (ATCP 134.08(8)).
• Allowing the landlord to terminate the tenancy of a tenant based solely on the commission of a crime in or on the rental property, if the tenant, or someone who lawfully resides with the tenant, is the victim of that crime, as defined in Wis. Stat. 950.02(4) (ATCP 134.08(9)).
• Allowing the landlord to terminate the tenancy of a tenant for a crime committed in relation to the rental property and the rental agreement does not include the notice required under Wis. Stat. 704.14 (ATCP 134.08(10)).

Constructive Eviction

If your rental unit becomes unlivable and the landlord cannot make the repairs right away (if at all), then you can choose to move out. If you do decide to move, then you can’t be held liable for rent (or other charges) after the time at which the unit becomes uninhabitable (Wis. Stat. 704.07(4)).

Now, there are a lot of nuances at play when it comes to constructive eviction and TRC has a more expansive post on the topic available here. It is important to repeat here that constructive eviction is a defense the tenant uses in court. So, up to a point, constructive eviction works similarly to breaking lease: The tenant decides to vacate the unit early and lets their landlord know when they are doing so. At that time, the tenant stops making rent and related payments. Where constructive eviction departs from breaking lease is that, if the landlord decides to try to recover any money via a Small Claims Court, the tenant then claims that they do not owe the landlord money because the unit was uninhabitable (as opposed to claiming that the landlord failed to properly mitigate).

Servicemembers' Civil Relief Act

The Servicemembers' Civil Relief Act allows a tenant to end their lease if either (1) they enter military service or (2) if they receive orders to either change station or deploy for 90 days or more. This even applies to situations where the service member has dependents living in the unit or on the lease. For example, if a service member is set to leave behind a partner when they deploy, the partner can also quit the unit without further obligation to the landlord (assuming these protections are sought). Tenants must give written 30 days' notice and a copy of the military orders to the landlord in order to use this act.

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 remaining on the premises puts them at imminent risk of physical harm. There are rules similar to those in the Servicemembers' Civil Relief Act: To end a lease under these laws, tenants with a term lease must write a letter to the landlord saying that they wish to end their lease under Wis. Stat. 704.16 because they and/or their child(ren) face an imminent threat of physical harm. (Note: If you have a periodic lease, you may give notice to terminate your lease for no reason at all. See the above section ‘Periodic Tenancies’ for information on how to end your lease). When giving this notice to their landlord, tenants are to provide a certified copy of at least one piece of accepted documentation. Accepted documentation includes restraining orders, conditions of release, and criminal complaints. Under these limited circumstances, the lease would end as if giving a termination notice for a month-to-month tenancy (Wis. Stat. 704.16, Wis. Stat. 704.16(1)(b)).

If you need help getting accepted documentation, contact End Domestic Abuse WI, Wisconsin Coalition Against Sexual Assault, or a local Victim Witness Program.

The Tenant Has Died

In the event a tenant dies, their lease is terminated either 60 days after the landlord learns of the tenant’s death or when the lease expires, whichever is sooner (Wis. Stat. 704.165). There is a qualification: The lease continues if the deceased has any surviving co-tenants, such as a spouse or roommate. But, in those instances in which the deceased is the only tenant named on the lease, the deceased’s estate is liable for paying rent and related charges for those 60 days (at most). However, if the unit is surrendered by the estate prior to the completion of the 60 days, then the landlord would have to mitigate damages in the same manner as if the lease had been broken.