Wisconsin Statutes
Wis. Stat. § 704.19 (2026)
Notice necessary to terminate periodic tenancies and tenancies at will
✓ current as of July 2026
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704.19(1)(1) Scope of section. The following types of tenancies, however created, are subject to this section:
704.19(1)(a)(a) A periodic tenancy, whether a tenancy from year-to-year, from month-to-month, or for any other periodic basis according to which rent is regularly payable; and
704.19(2)(a)(a) A periodic tenancy or a tenancy at will can be terminated by either the landlord or the tenant only by giving to the other party written notice complying with this section, unless any of the following conditions is met:
704.19(2)(a)1.1. The parties have agreed expressly upon another method of termination and the parties’ agreement is established by clear and convincing proof.
704.19(2)(b)1.1. A periodic tenancy can be terminated by notice under this section only at the end of a rental period. In the case of a tenancy from year-to-year the end of the rental period is the end of the rental year even though rent is payable on a more frequent basis.
704.19(2)(b)2.2. Notwithstanding subd. 1., nothing in this section prevents termination of a tenancy before the end of a rental period because of an imminent threat of serious physical harm, as provided in s. 704.16, or for criminal activity or drug-related criminal activity, nonpayment of rent, or breach of any other condition of the tenancy, as provided in s. 704.17.
704.19(3)(3) Length of notice. At least 28 days’ notice must be given except in the following cases: If rent is payable on a basis less than monthly, notice at least equal to the rent-paying period is sufficient; all agricultural tenancies from year-to-year require at least 90 days’ notice.
704.19(4)(4) Contents of notice. Notice must be in writing, formal or informal, and substantially inform the other party to the landlord-tenant relation of the intent to terminate the tenancy and the date of termination. A notice is not invalid because of errors in the notice which do not mislead, including omission of the name of one of several landlords or tenants.
704.19(5)(5) Effect of inaccurate termination date in notice. If a notice provides that a periodic tenancy is to terminate on the first day of a succeeding rental period rather than the last day of a rental period, and the notice was given in sufficient time to terminate the tenancy at the end of the rental period, the notice is valid; if the notice was given by the tenant, the landlord may require the tenant to remove on the last day of the rental period, but if the notice was given by the landlord the tenant may remove on the last day specified in the notice. If a notice specified any other inaccurate termination date, because it does not allow the length of time required under sub. (3) or because it does not correspond to the end of a rental period in the case of a periodic tenancy, the notice is valid but not effective until the first date which could have been properly specified in such notice subsequent to the date specified in the notice, but the party to whom the notice is given may elect to treat the date specified in the notice as the legally effective date. If a notice by a tenant fails to specify any termination date, the notice is valid but not effective until the first date which could have been properly specified in such notice as of the date the notice is given.
704.19(6)(6) Tenant moving out without notice. If any periodic tenant vacates the premises without notice to the landlord and fails to pay rent when due for any period, such tenancy is terminated as of the first date on which it would have terminated had the landlord been given proper notice on the day the landlord learns of the removal.
704.19(7)(7) When notice given. Notice is given on the day specified below, which is counted as the first day of the notice period:
704.19(7)(b)(b) The day of leaving or affixing a copy or the date of mailing, whichever is later, under s. 704.21 (1) (b) and (c).
704.19(7)(c)(c) The 2nd day after the day of mailing if the mail is addressed to a point within the state, and the 5th day after the day of mailing in all other cases, under s. 704.21 (1) (d) and (2) (c).
704.19(8)(8) Effect of notice. If a notice is given as required by this section, the tenant is not entitled to possession or occupancy of the premises after the date of termination as specified in the notice.
Notes of Decisions
Cited in 21
cases (14 in the last 5 years), 1978–2026 · leading case: Paulik v. Coombs, 355 N.W.2d 357 (Wis. Ct. App. 1984).
Paulik v. Coombs, 355 N.W.2d 357 (Wis. Ct. App. 1984). “06, return of security deposit by a landlord, and (2) damages to the premises and a violation of sec. 704.19(3), Stats., notice prior to termination of the lease by the tenant.”
Vander Wielen v. Van Asten, 2005 WI App 220 (Wis. Ct. App. 2005). “According to the landlord, Wis. Stat. § 704.19 , when applied to the facts as found by the trial court, compels a conclusion that the year-to-year tenancy could not have terminated earlier than May 31, 2001.”
Carl Wilson v. Leonard Reed (Wis. Ct. App. 2023). “§ 704.19 apply to that tenancy. Generally, termination of a month-to-month tenancy by notice under § 704.”
Carla J. Carns v. Rodney A. Carns (Wis. Ct. App. 2022). “She argues that the court erred in failing to limit the number of years of the periodic tenancy to one year, and contends that this court “should imply a renewal period of one year” because that is “a reasonable duration to imply.”
MAZ 3 Inv. Grp. LLC v. AJ Petroleum LLC (Wis. Ct. App. 2025). “§ 704.19 prior to the termination of the tenancy.”
Kirk Lewis v. Julie Bauer Burkholder (Wis. Ct. App. 2025). “§ 704.19, Kirk served Julie with a 28-day notice to terminate the tenancy by September 29, 2023.”
Prairie Park Essential Hous., LLC v. Cecelia Redd (Wis. Ct. App. 2026). “§ 704.19 (setting forth requirements for a notice that terminates a periodic tenancy).”
Morris S. Reece v. Carson D. Combs (Wis. Ct. App. 2021). “§ 704.19(3), “there’s no question [Reece] gave [Combs] proper notice,” when he notified Combs on September 21, 2020 that he had to vacate the rental unit by October 31, 2020—forty days’ notice, which is clearly more than the twenty-eight days required by § 704.”
Duane Crandall v. Ted Sauer (Wis. Ct. App. 2024). “§ 704.19(2)(a)2. provides that a tenant may terminate a periodic tenancy without written notice if the tenant has effected a surrender of the premises.”
Thousand Oaks MHC LLC v. James Canfield (Wis. Ct. App. 2025). “§ 704.19, which does not require additional grounds for termination.”
Bullen v. Fellner, 271 N.W.2d 673 (Wis. 1978). “Sec. 704.19(3), Stats., recites that a leasehold tenancy may be terminated in the following manner: “Length of notice.”
Booker Gutter v. Margaret Gutter (Wis. Ct. App. 2024). “The circuit court explained that Booker never gave notice that he was terminating his tenancy and that none of the evidence presented by Margaret regarding possible eviction notices could qualify as the twenty-eight day written eviction notice required to evict tenants at will…”
— Wis. Stat. § 704.19(1) — 1 case
Carla J. Carns v. Rodney A. Carns (Wis. Ct. App. 2022). “She argues that the court erred in failing to limit the number of years of the periodic tenancy to one year, and contends that this court “should imply a renewal period of one year” because that is “a reasonable duration to imply.”
— Wis. Stat. § 704.19(2) — 6 cases
Carla J. Carns v. Rodney A. Carns (Wis. Ct. App. 2022). “She argues that the court erred in failing to limit the number of years of the periodic tenancy to one year, and contends that this court “should imply a renewal period of one year” because that is “a reasonable duration to imply.”
Prairie Park Essential Hous., LLC v. Cecelia Redd (Wis. Ct. App. 2026). “§ 704.19 (setting forth requirements for a notice that terminates a periodic tenancy).”
Georgia A. Stein v. WG Mgmt. (Wis. Ct. App. 2019).
Eunice L. Poteete v. Nancy Wales (Wis. Ct. App. 2020).
Carl Wilson v. Leonard Reed (Wis. Ct. App. 2023). “§ 704.19 apply to that tenancy. Generally, termination of a month-to-month tenancy by notice under § 704.”
— Wis. Stat. § 704.19(2)(a) — 5 cases
Vander Wielen v. Van Asten, 2005 WI App 220 (Wis. Ct. App. 2005). “According to the landlord, Wis. Stat. § 704.19 , when applied to the facts as found by the trial court, compels a conclusion that the year-to-year tenancy could not have terminated earlier than May 31, 2001.”
Carl Wilson v. Leonard Reed (Wis. Ct. App. 2023). “§ 704.19 apply to that tenancy. Generally, termination of a month-to-month tenancy by notice under § 704.”
Carla J. Carns v. Rodney A. Carns (Wis. Ct. App. 2022). “She argues that the court erred in failing to limit the number of years of the periodic tenancy to one year, and contends that this court “should imply a renewal period of one year” because that is “a reasonable duration to imply.”
Duane Crandall v. Ted Sauer (Wis. Ct. App. 2024). “§ 704.19(2)(a)2. provides that a tenant may terminate a periodic tenancy without written notice if the tenant has effected a surrender of the premises.”
Prairie Park Essential Hous., LLC v. Cecelia Redd (Wis. Ct. App. 2026). “§ 704.19 (setting forth requirements for a notice that terminates a periodic tenancy).”
— Wis. Stat. § 704.19(2)(b) — 2 cases
Vander Wielen v. Van Asten, 2005 WI App 220 (Wis. Ct. App. 2005). “According to the landlord, Wis. Stat. § 704.19 , when applied to the facts as found by the trial court, compels a conclusion that the year-to-year tenancy could not have terminated earlier than May 31, 2001.”
Carl Wilson v. Leonard Reed (Wis. Ct. App. 2023). “§ 704.19 apply to that tenancy. Generally, termination of a month-to-month tenancy by notice under § 704.”
— Wis. Stat. § 704.19(3) — 10 cases
Paulik v. Coombs, 355 N.W.2d 357 (Wis. Ct. App. 1984). “06, return of security deposit by a landlord, and (2) damages to the premises and a violation of sec. 704.19(3), Stats., notice prior to termination of the lease by the tenant.”
Bullen v. Fellner, 271 N.W.2d 673 (Wis. 1978). “Sec. 704.19(3), Stats., recites that a leasehold tenancy may be terminated in the following manner: “Length of notice.”
Morris S. Reece v. Carson D. Combs (Wis. Ct. App. 2021). “§ 704.19(3), “there’s no question [Reece] gave [Combs] proper notice,” when he notified Combs on September 21, 2020 that he had to vacate the rental unit by October 31, 2020—forty days’ notice, which is clearly more than the twenty-eight days required by § 704.”
Carl Wilson v. Leonard Reed (Wis. Ct. App. 2023). “§ 704.19 apply to that tenancy. Generally, termination of a month-to-month tenancy by notice under § 704.”
Pleasant Valley Props. of WI, LLC v. Michelle Nelson (Wis. Ct. App. 2025).
— Wis. Stat. § 704.19(4) — 4 cases
Carl Wilson v. Leonard Reed (Wis. Ct. App. 2023). “§ 704.19 apply to that tenancy. Generally, termination of a month-to-month tenancy by notice under § 704.”
Tyler J. Anderson v. Madison Cellular Tel. Co. (Wis. Ct. App. 2025).
Booker Gutter v. Margaret Gutter (Wis. Ct. App. 2024). “The circuit court explained that Booker never gave notice that he was terminating his tenancy and that none of the evidence presented by Margaret regarding possible eviction notices could qualify as the twenty-eight day written eviction notice required to evict tenants at will…”
Morris S. Reece v. Carson D. Combs (Wis. Ct. App. 2021). “§ 704.19(3), “there’s no question [Reece] gave [Combs] proper notice,” when he notified Combs on September 21, 2020 that he had to vacate the rental unit by October 31, 2020—forty days’ notice, which is clearly more than the twenty-eight days required by § 704.”
— Wis. Stat. § 704.19(5) — 1 case
Carl Wilson v. Leonard Reed (Wis. Ct. App. 2023). “§ 704.19 apply to that tenancy. Generally, termination of a month-to-month tenancy by notice under § 704.”
— Wis. Stat. § 704.19(6) — 2 cases
Vander Wielen v. Van Asten, 2005 WI App 220 (Wis. Ct. App. 2005). “According to the landlord, Wis. Stat. § 704.19 , when applied to the facts as found by the trial court, compels a conclusion that the year-to-year tenancy could not have terminated earlier than May 31, 2001.”
Carl Wilson v. Leonard Reed (Wis. Ct. App. 2023). “§ 704.19 apply to that tenancy. Generally, termination of a month-to-month tenancy by notice under § 704.”
— Wis. Stat. § 704.19(8) — 1 case
Eric Moore v. Corey Burger (Wis. Ct. App. 2022).
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