Things to Consider Before Signing a Lease
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
Reading Your Lease
One of the most frequent pieces of advice that we give at the TRC is to tell someone to read their lease. Tenants, landlords, cosigners, subletters... everyone should know what's in the legal contract that they are signing.
We see this with different faces: occasionally, landlords come into our office hoping to evict a tenant for a clause that isn't in their lease; tenants are startled to find they are being held to a rule that they didn't know about; cosigners are shocked to discover that they can end up with a bill due to the damages of all the tenants. Here are some tips for making sure you don't miss the important parts:
Read moreRenting With a Criminal Conviction or Arrest Record
PLEASE NOTE: A Memo from the Dept. of Housing and Urban Development (4/4/16) says denying applicants due to criminal history may be discrimination (more information here). Landlords should exercise caution pending enforcement of new rules (here is some information for landlords about this memo). Tenants who are denied may be able to file discrimination complaints in the future (here is some information for tenants about this memo).
Housing Options
Short-Term Housing After Incarceration
- Halfway Houses. If you are looking for housing immediately upon your release from prison or jail, you may qualify for a halfway house or other short-term housing programs, such as ARC Community Services (for women). These programs require a referral from a probation or parole officer, or a social worker.
- Subletting. Another option for quick, short-term housing is to sublet. You are on a lease and have all the protections of a tenant, you're just replacing one tenant who moved out early. Sometimes the tenant(s) can sublet directly to you without the landlord's permission, if they have a term lease that doesn't prohibit subletting. Even when the landlord has to give approval, they are sometimes more flexible with subletters. Look for listings on Craigslist.
- Motels/Hotels/Hostels. This may be an option for short-term housing. If you stay in a motel and have no other permanent residence, you are a tenant under the law. Wis. Stat. 704.01(1), ATCP 134.01(4) & 134.02(12). Some probation/parole officers don't allow this practice, but if you're staying in one it is very important to keep good documentation of having paid for your room. This proves you are a tenant in case the landlord does not respect your rights.
- Staying with Friends or Family/Tenant-at-Will. Many people live with friends or family after a criminal conviction. If you pay money for household costs, even if you don’t have a signed lease you are legally a “tenant at will.” If you pay on a regular schedule (i.e. weekly or monthly), you are a "periodic tenant." Wis. Stat. 704.01(5). Your rights will depend on whether the person you pay is the owner or a tenant. If the person you pay is a tenant, make sure you are not violating a guest policy or other provision in their lease or the landlord could make you move out. If the person you pay owns the unit, or if they are a tenant who wants you to move, they must serve you a written, 28-day “non-renewal” notice as though you were a month-to-month tenant. Wis. Stat. 704.19. If you don’t move out they must take you to court in order to evict you. For more information, see Eviction.
Long-Term Housing After Incarceration
- Renting from Large Management Companies. Larger management companies often have policies against renting to people with a criminal conviction or arrest record. There may be exceptions if you have a co-signer, if you have been off paper (completed a parole or probation obligation) for a certain amount of time, or if you were not convicted of a violent or drug-related crime. You can usually find their applications on their websites, and see what kinds of questions they ask. Enclose a letter with your application (see below for more information).
- Renting from Smaller, Private Landlords. People with criminal backgrounds often have more luck renting from small landlords, who might only own a few properties and thus have a more personal relationship to their tenants. This makes it easier to put a face to your story, and ask them to look past your record and see you as a person. You can often find their listings on Craigslist, which is free for everyone to use, or on "For Rent" signs in a neighborhood you want to live in. Enclose a letter with your application (see below for more information).
- Finding "Flexible" Landlords. Your local re-entry programs (such as Circles of Support) might have tips on local landlords who rent to people with criminal convictions. These groups can provide very helpful advice in other areas as well. Enclose a letter with your application (see below for more information).
- Public & Affordable Housing. Many affordable housing programs (such as Section 8, public housing or Section 42 housing projects) will deny applications based on criminal background. Applicants can request an appeal. For more information, contact your local housing authority or WHEDA (Section 42).
Applying for An Apartment with a Private Landlord
What The Landlord Will Search For
When reviewing an application, most landlords will run a criminal background check using a free website called CCAP (Consolidated Court Automation Program) where they can see all criminal charges filed in Wisconsin against the prospective tenant, including sentences and other details. CCAP records also show evictions, charges, small claims court cases, traffic violations, and more. The landlords will use the basic information they are allowed to ask for on an application to search for you on CCAP: your full name and date of birth.
To avoid confusion with people who share your first and last name, include your middle initial on the application. This may help to prevent associating your name with the criminal actions of other individuals with familiar names.
If you have a parole or probation officer, or you’re following other court orders (for example, drug court), tell the landlord when you apply. Some landlords are more willing to rent to people who are still under supervision.
Especially with the new guidance that prohibits blanket denials for convictions, landlords must take specific factors into account, so don't be afraid to make a case for yourself!
Other Forms of Discrimination
If a landlord is checking criminal backgrounds and/or denying tenants because of criminal convictions, they should do it for everyone, or be able to give a non-discriminatory reason for checking some people and not others. Just because landlords in Wisconsin can choose between people based on criminal backgrounds does not mean they can discriminate on the basis of race, color, religion, gender, national origin, mental or physical disability, familial status (including pregnancy), age, sexual orientation, marital status, ancestry, lawful source of income, and being a victim of domestic violence. Dane County and Madison have even more protections.
If a landlord were to do a criminal background check only for people of one race, for instance, then checking criminal histories could end up being discriminatory. See Discrimination.
Landlords Can Now Charge Out-of-State Applicants for Background Checks
If a prospective tenant is currently living out of state, a landlord can charge up to $25 for a background check in addition to a credit check fee. The tenant must be notified of the charge before it happens and the landlord must provide a copy of the report. However, tenants can continue to be charged by other prospective landlords even if the tenant has a recent report. Wis. Stat. 704.085(2), 2017 Wis. Act 317, Sec. 41. Eff. on or after 4/18/18. 2017 Wis. Act 317, Sec. 56.
Disclosing Your Own Background Information
It is much better to disclose your record than to let the landlord discover it in CCAP without any explanation from you. When you take responsibility for and are honest about disclosing your background, you can make a good impression and put a human face to your story.
You might want to write a short letter (one page or less) and make copies to attach to all of your applications. Or, if you’re meeting a landlord in person, plan out what you’re going to say ahead of time.
Tips for writing a letter
Be polite, professional, and brief. You might mention one or two positive, personal details about yourself, such as community service, hobbies, or things you will enjoy doing around the neighborhood.
Examples of Things To Say In A Letter
- “I’m writing to let you know that when you do a criminal background check, you will find the following charges: [list charges and dates.] I want to be honest with you about my past, which is very different from my present [add details] and my plans for the future [add details]. I think I will make a good tenant and I hope you will consider my application.”
- You might also list: The time you have served, programs you participated in (counseling, drug court, anger management, treatment, etc.), and any positive examples like early release for good behavior or mitigating circumstances.
- “If you have any questions or concerns please contact the following personal or professional references (including your probation or parole officer, if applicable): [List names, phone numbers, and addresses of personal or professional references.]”
- Thank them for their time, then sign and print your name.
Some sample letters are available here.
Tips For Using CCAP
- Look up your own record in CCAP before writing or talking to a landlord. That way you know what they’re going to see and can plan your response.
- Some landlords are not very careful when they search CCAP. If someone else with your name (or a similar name) has charges the landlord might mistake for yours, let them know. Point out that the other “Jane/John Doe” has a different birth date or middle initial, or if the charges were filed while you were incarcerated, or they live in a different county.
- Some landlords don’t look to see the results of a case. If charges against you have been dismissed, let the landlord know this and tell them they can confirm it in CCAP by checking the full record and case details. You can also print this out and enclose it with your letter and application. More information on how to find those details is here.
How To Check CCAP
- Visit the website: www.wcca.wicourts.gov
- Read the agreement and click “I Agree” to enter the website.
- Enter your last name, first name, middle initial, and birth date, and click “Search.” Try it again without your initial and birth date to see who else shows up.
- To see the details for a particular case, click on the case number. You may be required to click “View Case Details” on another screen summarizing the results of the case.
- The case details will include the type of case, charges, and the names and addresses of the parties involved (where applicable). At the top of this screen, click the button for “Court Record Events” for more information.
- For help understanding the court records, visit the main CCAP page and click the links at the bottom under “Court Terms.”
Removing Civil Cases in CCAP
Unless a civil case is closed, confidential or sealed, a civil case may be removed from CCAP as follows:
- If a writ (court order) has been issued in an eviction, the case can now be removed after 10 years have passed, or Stat. 758.20(2)(a), 2017 Wis. Act 317, Sec. 46.
- If an eviction has been dismissed and there is no money judgment docketed, the case can be removed after 2 years. Stat. 758.20(2)(b), 2017 Wis. Act 317, Sec. 46. Eff. on or after 4/18/18. 2017 Wis. Act 317, Sec. 56.
These law changes do not apply to criminal cases, but it may help you with any old civil records that might also work against you.
How are Landlords allowed to use your criminal background in choosing whether to rent?
HUD released a memo in 2016, and the basic premise of that memo is this: In the US, African Americans and Hispanics are arrested, convicted and incarcerated at a rate disproportionate to the general population. ("Across all age groups, the imprisonment rates for African American males is almost six times greater than for White males, and for Hispanic males, it is over twice that for non-Hispanic White males.") Therefore, any policy that screens housing applicants based on their criminal history is likely to have a "disproportionate impact on minority homeseekers," even if the landlord had no intent to discriminate. (Disproportionate/disparate impact is a big deal in Fair Housing Law - it's the basis by which things can be legally classified as discriminatory.)
HUD sets out some pretty clear rules regarding what a policy must look like, if a landlord wishes to screen for criminal history.
The criminal screening policy can't:
- Deny all tenants with all kinds of criminal convictions.
- Deny tenants who have only been arrested, not convicted.
- Make any decisions to deny based on criminal history or make exceptions to criminal history denials based on race, or other protected classes. (That's illegal). For example, looking at the criminal history of only Hispanic applicants would be illegal. Or, allowing exceptions to a criminal history policy, but only to White applicants, would be illegal.
The criminal screening policy should:
- Take into account how long ago the conviction was.
- Distinguish between how severe past crimes were, and what kinds of crimes they were.
- Have some kind of evidence-based justification for existing. Why does the landlord need the policy? What evidence contributed to establishing that need?
The criminal screening policy is allowed to:
- Look at individual circumstances for each applicant, if the landlord wants to give someone an exception to the policy (which would otherwise deny them). Note: exceptions can't be based on an applicant's membership in a protected class.
- Deny potential tenants if they were convicted of the manufacture or distribution of drugs.
- Check other qualifications (i.e., credit scores, housing history) before addressing the criminal side of things.
How a Tenant Would Challenge a Discriminatory Screening Policy?
The big question is, how would this work? The HUD guidance seems to suggest these steps:
- Apply. A tenant applies for housing.
- Get rejected. The landlord denies the tenant.
- Ask for the reason for rejection. (HUD didn't say this one - we put this step in.) It's a really good idea to put this in writing - either ask for a written rejection, or if you get a verbal one, write it down and send it (suggestions here for how to make that work). (NOTE: Both the City of Madison and Dane County have ordinances currently in their written code that say that a landlord needs to give reasons for denials of rental applications. However, 2013 Wis. Act 76 seems to have made that requirement illegal, so it's best not to take those ordinances at face value).
- If the landlord says it's because of criminal history, ask for their criminal history screening policy. (HUD didn't say this one - we put this step in.) Do this in writing.
- Challenge the policy as being discriminatory. Explain, in writing, that this policy doesn't conform to HUD's guidance on use of criminal records. Cite the exact line that says so, if you can. (Look at our landlord's guide to these rules for some specific quotes.)
- Landlord responds to discrimination concerns, and explains why their policy is necessary. HUD says, "a housing provider must... be able to prove through reliable evidence that its policy or practice of making housing decisions based on criminal history actually assists in protecting resident safety and/or property."
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Option A. If the landlord doesn't explain why the policy is necessary, (either they don't say anything, or their explanation doesn't meet the standard in #6), then to take further action, a Fair Housing complaint would need to be made. Look at our Discrimination page for information, or seek help from the Fair Housing Council.
Option B. If the landlord does successfully explain why the policy is necessary, the policy can still be challenged by showing that the landlords could have had the same results with another policy that is less discriminatory. HUD says, "In the third step, the burden shifts back to the plaintiff or HUD to prove that such interest could be served by another practice that has a less discriminatory effect."
References and Rental History
Even if your most recent rental history was many years ago, provide as much information as you can. If you don’t have contact information for previous landlords, use a roommate, an old neighbor, or another community member who can provide a reference.
Personal references are not usually required but many people with criminal backgrounds will provide them as extra information. This might be someone you know through a faith-based organization, a friend or teacher, or someone you met through Circles of Support or another re-entry program. They should not be a spouse or family member. You can either provide their contact information or include a letter of reference.
Remember: You still have rights.
When a landlord accepts you as a tenant, you have the same rights as any other tenant in Wisconsin. For more information, see Tenant Resource Center’s website on topics like repairs, landlord entry, security deposits, and eviction. Here are some laws that specifically apply to people with a criminal background:
- Sex Offenders: If the Department of Corrections approves it, you can live anywhere. No rules say whether landlords can or cannot rent to you, although some will not. If you are a registered sex offender, your landlord is NOT required to give this information to the other tenants or to prospective tenants unless they ask in writing about you specifically, and the landlord knows you are in the registry, otherwise, the landlord is only required to tell them they can look it up in the sex offender registry. Wis. Stat. 704.50
- Eviction: Your landlord CANNOT evict you just because another tenant feels threatened by you. They can only evict you under the Safe Housing Act if that tenant (or their children) is named in an injunction, criminal complaint, or condition of release against you. Wis. Stat. 704.16
Calling Police: Lease Provisions May Void Your Lease Agreement
In some neighborhoods, landlords are under pressure from the police and neighbors to cut down on police calls. Landlords may be threatened with violations of a chronic nuisance ordinance (MGO 25.09) if there are too many police calls. This has caused many landlords to put potentially illegal clauses in their leases. MGO 25.09, Wis. Stat. 704.44, ATCP violation effective 11/1/15, ATCP 134.08, CR 14-038, Section 11.
Wisconsin law says that a rental agreement is "void and unenforceable" if it allows 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. Stat. 704.44(1m), CR 14-038, Section 11. ATCP 134.08. ATCP violation effective 11/1/15. If this happens, the tenant can break their entire lease if they choose and they will no longer be responsible for that rental contract. A landlord, however, may not break a lease for this reason because they drafted the lease. If the lease is not broken, that clause may not be enforced.
There have been several changes to the law about what language in a lease would make it illegal. The entire lease could be void and unenforceable if these clauses were in the lease. The clauses in the lease that could make the lease void are noted below. A clause that:
- Allows the landlord to terminate the tenancy if a crime is committed in or on the rental property, even if the tenant could not have reasonably prevented the crime. Wis. Stat. 704.44(9), 2011 Wis. Act 143, Sec. 35m. This was only effective for leases entered into or renewed after 3/31/12 through 3/1/14.
- Allows 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). Wis. Stat. 704.44(9), 2013 Wis. Act 76, Sec. 25. Eff. for leases entered into or renewed on or after 3/1/14. ATCP violation effective 11/1/15, ATCP 134.08 (9). CR 14-038, Section 11.
- Allows 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 of Domestic Abuse Protections required under Wis. Stat. 704.14. Wis. Stat. 704.44(10), 2013 Wis. Act 76, Sec. 26. Eff. for leases entered into or renewed on or after 3/1/14. ATCP violation effective 11/1/15, ATCP 134.08(10), CR 14-038, Section 11.
Tenants should not be afraid of being evicted for calling the police or emergency services for their own protection, or because there is criminal activity in the building or on the property which they (or their guests) did not cause!
However, while there are laws in place to protect you, if you are on probation or parole you may want to think carefully about the ramifications of calling the police and having them enter your apartment. If you are having ongoing issues at your residence you may want to talk to your probation or parole officer in advance about how to handle situations that might arise. Also, please read the next section for important news about evictions for suspected criminal activity by the tenant or their guests.
Evictions for Suspected "Drug-Related" and Other Criminal Activity
As of 3/2/16, landlords can serve a 5-day eviction notice that does not give the tenant a chance to fix or "cure" the problem if they suspect that the tenant, a member of their household, or any guests or invitees, have engaged in:
- Criminal activity that threatens the health or safety of other tenants, people residing in the “immediate vicinity” of the premises, or the landlord or their agent or employee;
- Criminal activity that threatens the right to peaceful enjoyment of other tenants or people residing in the “immediate vicinity” of the premises; or
- “Drug-related criminal activity” on or near the premises. Wis. Stat. 704.17(3m)(b), 2015 Wis. Act 176, Section 25
“Drug-related criminal activity” is the manufacturing or distribution of a controlled substance that is not prescribed by a doctor for medical use by a disabled person. The disabled person can manufacture, use or possess this controlled substance and it can be in the possession of their personal care giver or worker. Wis. Stat. 704.17(3m)(a)1. & 2., 2015 Wis. Act 176, Section 25
The 5-day no cure notice must:
- Require the tenant to vacate on or before a date at least 5 days after the giving of the notice,
- State the reason for eviction,
- Include:
- A description of the criminal activity of "drug-related criminal activity"
- The date it took place
- The identity or description of the individual(s) who engaged in the activity,
- Advise tenant she/he may seek assistance of legal counsel, a volunteer legal clinic, or "a tenant resource center", and
- State that the tenant has the right to contest the allegations in the notice before a court commissioner or judge if an eviction is filed. Wis. Stat. 704.17(3m)(b)1., 2015 Wis. Act 176, Section 25
The person engaging in the alleged criminal activity or "drug-related criminal activity" does not have to have been arrested or convicted for this activity in order for the landlord to issue a 5-day no-cure notice for a crime. Wis. Stat. 704.17(3m)(b)2., 2015 Wis. Act 176, Section 25
This process cannot be used against the person who was the victim of the crime. Wis. Stat. 704.17(3m)(c), 2015 Wis. Act 176, Section 25
If the tenant contests the eviction, the tenancy may not be terminated without proof by the landlord by the greater preponderance of the credible evidence of the allegations. Wis. Stat. 704.17(3m)(b)1., 2015 Wis. Act 176, Section 25
For important information about these notices, please see our page on Eviction!
Notes
- If leases contain processes that conflict with this law, the lease provisions are invalid unless it is a lease longer than a year. Wis. Stat. 704.17(5)(a) & (b), 2015 Wis. Act 176, Section 26 & 27
- The laws about criminal activity and “drug-related criminal activity” in Wis. Stat. 704.17(3m) and 704.19(2)(b)2. went into effect on March 2, 2016. 2015 Wis Act 176, Section 44, subsection 1
- The laws about leases and language related to criminal activity in Wis. Stat. 704.17(5)(b) go into effect for all leases entered into or renewed as of March 2, 2016. 2015 Wis Act 176, Section 44, subsection 2
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Wis. Stat. 704.44 Language that makes a lease void and unenforceable was not changed. Leases that contain the following provisions would be void and unenforceable. A provision that:
- Allows 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, as defined in s. 950.02 (4), of that crime.
- Allows 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 s. 704.14.
Contesting a 5-day No Cure Eviction for Criminal Activity based on the 2016 HUD Memo
Giving a 5-day notice with no right to cure because of "criminal activity" seems to contradict some components of the 2016 HUD guidance, which says that any policy using criminal records can't be based solely on arrests, and must take into account the kind of crime, severity of the crime, and time since it happened. The memo says, "this guidance addresses how the discriminatory effects and disparate treatment methods of proof apply in Fair Housing Act cases in which a housing provider justifies an adverse housing action – such as a refusal to rent or renew a lease – based on an individual’s criminal history." This is still relatively untested, as far as discrimination cases go, but it looks like if a landlord wanted to evict someone based on "criminal activity," that landlord would need to follow some of the same rules put forth in the HUD document before they could "exclude" that tenant from housing.
A tenant challenging an eviction notice based on these HUD laws would probably do well to follow similar steps to those above:
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Receive a 5-day notice with no right to cure for criminal activity. Before jumping in to argue the discriminatory impact of that notice, it seems like a good idea to check if it's a legal notice. You can check the law, but here are the basics. As stated above, according to Wis. Stat. 704.17(3m)(b)1., a 5-day no-cure notice for criminal activity must:
- Require the tenant to vacate on or before a date at least 5 days after the giving of the notice,
-
State the reason for eviction, including:
- a description of the criminal activity or “drug-related criminal activity,”
- the date it took place, and
- the identity or description of the individual(s) who engaged in the activity, - Advise tenant she/he may seek assistance of legal counsel, a volunteer legal clinic, or “a tenant resource center,” and
- State that the tenant has the right to contest the allegations in the notice before a court commissioner or judge if an eviction is filed.
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Dispute that notice, in writing. This is standard for what we recommend. You'd probably want to follow one of these three methods:
- Dispute the notice. Explain why it didn't follow the criteria stated in the law.
- Dispute the criminal activity. Since this is a no-cure notice, your only real grounds for dispute here is saying that the criminal activity didn't occur.
- Dispute the notice based on this HUD document. Ask for a written policy describing under what circumstances they use criminal activity eviction notices.
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Argue your case in court. More about Small Claims Court is here, and more about the general eviction process is here. Keep in mind:
- A landlord's evidence-based justification for the policy might be that a crime occurred that threatened the safety of residents. If this is true, they don't need to prove it in criminal court.They only need to prove that it reasonably happened in Small Claims Court, where the burden of proof is lower (only 51%, compared to criminal court's 100%, "beyond a shadow of a doubt"). The penalty is also less extreme (losing housing vs. going to jail).
- If your case is being heard at the "return date" or "initial court hearing" or "joinder conference," you always have the right to ask for a trial in front of a judge on a different day. If your case was decided by a court commissioner, you can ask for a do-over right away, and ask that the case be heard by a judge.
- It is illegal for a landlord to choose to evict only certain residents for criminal activity when that decision to evict is different based only on protected classes: race, gender, age, family status, and so many more.
You might want some help with this! Here is our attorney referral list.
Ending Your Lease
This page contains everything you need to know about Ending Your Lease in Wisconsin. Looking for something in particular? Use the links below to navigate to specific information found on this page and elsewhere on our website.
The Types of Tenancies
Before you start considering your options to end your lease, you should know what kind of tenancy you have. 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.
Relevant Sample Letters
Ending a Rental Agreement
| Document & Purpose | Files |
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Breaking a Lease Sample notice/letter from tenant to current landlord to inform that the tenant is breaking the lease. |
Word 📄 | PDF 📂 |
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Non-Renewal of Month-to-Month Tenancy Sample notice/letter from tenant to landlord to end a periodic month-to-month tenancy. Learn more about how to properly count days in a notice here. |
Word 📄 |
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Mutual Termination of Tenancy Sample agreement between tenant and landlord for the mutual termination of a tenancy |
PDF 📂 |
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Sublet Agreement Sample mutual agreement between original tenants (sublessors), new tenants (sublessees), and landlord to create a sublet. |
PDF 📂 |
Looking for additional sample letters? Check out our page here!
Do you still have more questions about Ending Your Lease? If you can't find the answers you are looking for on our website, you may want to speak with a Housing Counselor or other staff at Tenant Resource Center. See our hours and locations here!
