Lease expiration vis-a-vis notices

Member since 2022 · 15 posts · 2 votes

I am in Milwaukee, WI and I use the WLB lease format to sign fixed-term yearly leases with my tenants. Additionally, I have a "Notice to Vacate" section in my non-standard rental provisions indicating that tenant and landlord must provide a 2 full calendar month notice to vacate.

At the end of the lease, do I have to provide a "notice to vacate" or does the lease expire automatically since it is a fixed-term lease?

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Ty CouttsBusiness Member

Lender · Denver, CO · Member since 2022 · 467 posts · 230 votes

Hi Mohan Deep,

General Rule: A fixed-term lease typically expires automatically at the end of the lease period without the need for a notice to vacate unless otherwise stated in the lease agreement.

For fixed-term leases, if no notice requirement is specified, they typically expire automatically.
If your lease requires a two-month notice to vacate, you must provide this notice even at the end of the lease term. Always review your lease agreement and consult local laws to ensure compliance with all regulations. I hope this helps!

[email protected]719-641-5169

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Ty CouttsBusiness Member
Lender · Denver, CO · Member since 2022 · 467 posts · 230 votes
2y
Hi Mohan Deep,
General Rule: A fixed-term lease typically expires automatically at the end of the lease period without the need for a notice to vacate unless otherwise stated in the lease agreement.
For fixed-term leases, if no notice requirement is specified, they typically expire automatically.
If your lease requires a two-month notice to vacate, you must provide this notice even at the end of the lease term. Always review your lease agreement and consult local laws to ensure compliance with all regulations. I hope this helps!
[email protected]719-641-5169
Ty Coutts - Aslan Home Lending 544 Reviews
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Marcus Auerbach
Investor · Milwaukee - Mequon, WI · Member since 2010 · 5k+ posts · 7k+ votes
2y
@Mohan Deep read your lease. The WLB lease (unless you use an ancient version) states that if nothing is done it defaults to a month to month.
You can send them a Notice of rent increase (which you can get from WLB as well) sign an new lease, or do nothing and go mtm.
I find that a 60 day notice from the tenant is not very helpful, most owners don't start showings until after the unit is vacant, so what's the point? And we are in a market where we have 9 renters competing for one apartment, so I would not worry about 60 days.
But, be careful with modifications. A WI landlord had to repay 2 years worth of rent because they included a provision that Stat law does not allow (10 deadly sins - look up Koble case, for example on the RPAWI webaite)
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Corina Eufinger
Rental Property Investor · Oconomowoc, WI · Member since 2016 · 996 posts · 432 votes
2y
@Mohan Deep
Whether or not it terminates by inactivity is based on the terms included in your lease. It would mention somewhere an "automatic termination" or "automatic renewal" clause. I haven't used WI Legal Blank leases in quite a while but I know it's covered somewhere on there. IF the lease doesn't include language for automatic renewal, then it would default to being automatically terminated if neither party takes action. Review your lease carefully!!! Then be sure the tenant understands the lease as well. If you aren't clear on it, I would bet they have no idea either.

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