Breaking a lease in Wisconsin isn’t always as simple as packing up and leaving. Tenants can face significant financial and legal implications if they don’t understand their rights and responsibilities. Whether it’s an unexpected move due to job relocation or a dispute with the landlord, knowing how property owners and tenants can break leases legally is crucial.
We understand this is a stressful time, so we’ve compiled all the information you need to know. Below, we’ll explain Wisconsin’s tenant laws, valid reasons for breaking a lease, potential penalties, and how to navigate the process as smoothly as possible.
Keep reading to protect yourself and make informed decisions about your lease.
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Review Your Lease Before All Else
The first thing to do is to take a deep breath, stop what you are doing, and re-read your lease. By reading your lease, you can understand your obligations and see possible implications for terminating your lease early. Lease agreements often outline specific terms regarding early termination, which could include penalties or conditions.
If you’re on a month-to-month lease, breaking it is usually more flexible, often requiring only 30 days’ notice. However, with a fixed-term lease, you’re typically bound to it until the end of the agreed period. You may meet specific legal exceptions or negotiate with your landlord to get out of it.
Knowing these differences can save you valuable time, money, and stress since you can often find answers to your questions right in the lease itself.
Legal Reasons for Breaking a Lease in Wisconson
Wisconsin law states that tenants may be able to break a lease without legal consequences under certain conditions. These legal reasons protect tenants from penalties and are grounded in state law. The key legal reasons for breaking a lease in Wisconson include the following:
You’re Entering Active Military Duty
Federal and Wisconsin laws allow you to terminate your lease without penalty if you enter active military duty. The Servicemembers Civil Relief Act (SCRA) permits tenants starting active duty or being deployed for at least 90 days to break a lease.
To do this, tenants must provide their landlord with written notice that they’re breaking the lease and a copy of their military orders. As long as both documents are in order, the lease will end 30 days after the next rent payment is due.
You’re a Victim of Domestic Violence
As a victim of domestic violence in Wisconsin, you have the right to break your lease without penalty. Under Wisconsin law, victims don’t have to remain in unsafe conditions. In other words, breaking a lease in Wisconsin may be legal if there’s a fear for your safety living in your rental unit.
To exit the lease under this condition, tenants must provide written notice to the landlord, along with documentation such as a restraining order or police report. Once the notice is submitted, tenants can terminate the lease and leave without facing further financial obligations.
Uninhabitable Living Conditions
You may legally break your Wisconsin lease if your rental unit becomes uninhabitable; the landlord must maintain safe and livable conditions.
If the property falls into disrepair, such as severe plumbing issues, mold, or lack of heating, and the landlord fails to address these problems after being notified, the tenant may terminate the lease without facing penalties. To do so, tenants must provide written notice of the issues and allow the landlord to make repairs before breaking the lease.
Landlord Harassment or Privacy Violations
Harassment and privacy violations are illegal in Wisconsin, especially from your landlord. Landlords must respect a tenant’s privacy and give proper notice, usually 12-24 hours, before entering the rental property, except in emergencies.
Repeated unannounced visits, threats, or attempts to force a tenant out can be considered harassment. In such cases, tenants can provide written notice, document the violations, and potentially terminate the lease without penalty.
Illegal Lease Terms
A lease must comply with state and federal laws, and any terms that violate tenant rights, such as waiving the landlord’s responsibility for repairs or charging unlawful fees, are not enforceable.
If your lease contains these kinds of clauses, it may be considered void, allowing you to terminate it without facing penalties. Before breaking the lease, tenants should review the agreement and consult state laws to confirm whether the terms are illegal.
Breaking a Lease Without Legal Justification
Not all reasons for breaking a lease are legally justified. For example, if you’re moving out for medical reasons, due to job relocation, or because of a break-up, you don’t have legal grounds to break your lease.
Instead, tenants who break a lease without a valid reason may face consequences, including financial penalties or legal action. If your situation doesn’t fall under the legal reasons mentioned earlier, it’s likely not a valid excuse for terminating your lease.
A few alternative solutions to breaking a lease without justification are:
- Negotiate with the landlord for an early termination agreement. Many landlords are willing to talk with you and figure out a plan to avoid the hassle of lease termination or eviction.
- Find a subletter to take over the lease if your lease agreement allows it. A subletter is a person who essentially takes over your lease for the duration of your lease agreement.
- Work out a Cash-for-Keys agreement, where you offer a financial incentive for early lease termination.
Tenant Consequences for Breaking a Lease in Wisconsin
You may face various consequences if no options exist to avoid breaking a lease in Wisconsin.
These may involve:
- Paying Ongoing Rent: Even if you vacate early, you might still be responsible for rent payments until the landlord finds a replacement tenant. Wisconsin law requires landlords to mitigate losses by seeking a new tenant, but the responsibility could linger.
- Responsibility for Re-Renting Costs: Tenants may be required to pay for the costs related to finding a new tenant, such as listing fees or marketing expenses. These costs can quickly add financial pressure after leaving the property.
- Eviction Record: Breaking a lease may lead to an eviction filing, even if the tenant vacates. Evictions can show up on your rental history and impact your ability to rent in the future.
- Forfeiture of Rent Discounts or Deposits: Tenants who leave early may lose access to negotiated rent discounts or perks, increasing their overall financial burden if they violate the lease terms.
Landlord/Tenant Rights and Responsibilities
Landlords and tenants both have specific rights and responsibilities regarding the procedures around breaking a lease. Some of each party’s most important rights and responsibilities are detailed below.
Landlords Have the Right to:
- Collect unpaid rent if a tenant breaks the lease without legal cause.
- Deduct damages from the security deposit to cover unpaid rent or repairs.
- Charge for re-renting expenses, such as advertising costs.
Landlords are Responsible for:
- Mitigating losses by making reasonable efforts to re-rent the unit once a tenant leaves.
- Returning security deposits minus deductions within 21 days.
- Maintaining the property’s habitable condition.
Tenants Have the Right to:
- Break the lease under certain conditions discussed above, such as unsafe living conditions or active military duty.
- Notice before the landlord enters the property.
- Recover unused rent if the unit is re-rented.
Tenants are Responsible for:
- Providing proper notice before moving out.
- Paying rent until the lease expires or the landlord re-rents the unit.
- Maintaining the unit and avoiding property damage.
Legal Help for Landlords and Tenants
If you’re facing a potential broken lease scenario in Wisconsin, legal guidance can help protect your rights. But, it’s often difficult to manage on your own. Some supportive resources include:
- Wisconsin Bar Association: Offers attorney referrals for landlords and tenants dealing with lease disputes.
- Legal Action of Wisconsin: Provides free or low-cost legal services to tenants facing lease-related issues.
- Tenant Resource Center: An excellent tool for tenants seeking advice on breaking leases and navigating rental law.
Avoid Lease Breaking with TurboTenant
TurboTenant’s property management software can help landlords minimize broken leases by making it easier to find reliable tenants and manage their properties effectively.
We can help you with key features such as:
- Tenant Screening: Screen potential tenants with credit and background checks to ensure trustworthiness. This way, you’ll know all the important details about the person living on your property.
- Legally Binding Lease Generation: Create customizable, state-compliant leases tailored to Wisconsin laws.
- Maintenance Requests: Manage and track repair requests to keep your property in top condition. This feature keeps requests in one centralized location so landlords can easily track them. With this, you’ll never forget a repair again, limiting the opportunity for justified lease terminations.
- Automated Rent Collection: Ensure timely rent payments with automatic reminders and online payments.
Sign up for a free TurboTenant account today to simplify and streamline your property management processes and protect yourself from tenants breaking a lease in Wisconsin.
Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.
Breaking a Lease in Wisconsin FAQs
What is the 14-day eviction notice in Wisconsin?
A 14-day eviction notice is used when a tenant violates the lease, most commonly for nonpayment of rent or other breaches, such as unauthorized pets or property damage. The notice provides the tenant 14 days to fix the violation or move out.
If the tenant doesn’t comply, the landlord can begin the eviction process in court. However, if the tenant corrects the issue within the notice period, they may be allowed to remain on the property, depending on the situation.
How long after signing a lease can you back out in Wisconsin?
There is no standard “cooling-off” period after signing a lease. Once the lease is signed, it becomes a legally binding contract, and the tenant is typically committed to the terms.
Backing out after signing can result in financial penalties unless the landlord and tenant mutually agree to terminate the lease. If a tenant needs to exit the lease early, negotiating with the landlord or finding a subletter can lessen the financial impact.
Does Wisconsin have a five-day grace period for rent?
Wisconsin does not have a state-mandated five-day grace period for rent payments. However, some landlords may voluntarily include grace periods in their lease agreements. This grace period gives tenants a buffer, typically five days, to pay rent without incurring late fees.
If the lease does not specify a grace period, rent is considered late the day after it is due. Tenants should carefully review their lease to see if it lists a grace period.
What is the penalty for breaking a lease in Wisconsin?
Penalties for breaking a lease in Wisconsin vary but often include paying the remaining rent due for the lease term while the landlord finds a new tenant. The landlord may also charge re-renting costs, like advertising fees, and the tenant may forfeit their security deposit.
However, Wisconsin law requires landlords to make a reasonable effort to re-rent the unit and minimize the tenant’s financial burden. If the landlord successfully re-rents the unit quickly, the tenant’s financial obligations could be reduced.