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Wisconsin · Moving out

Wisconsin notice to vacate — the 28 days rule and a free letter

Wisconsin runs month-to-month tenancies on a 28-day clock: either party may terminate with written notice given at least 28 days before the termination date (Wis. Stat. § 704.19(3)), and the tenancy can only end at the end of a rental period (§ 704.19(2)). With rent due on the 1st, that means your letter must be in the landlord’s hands by September 2 to move out September 30 — and the statute is forgiving on one technicality: a notice naming the first day of the next period instead of the last day of the current one is still valid if it was given in time (§ 704.19(5)). Serve it by a § 704.21 method — personal delivery, mail, or the other listed options — and keep proof. Afterward, § 704.28 requires the landlord to deliver or mail your deposit, less itemized withholdings, within 21 days, and Wisconsin’s consumer rules (ATCP 134) put double damages plus attorney’s fees behind that promise.

28 daystenant month-to-month notice · Wis. Stat. § 704.19(3)

Not legal advice — general information for Wisconsin. Last reviewed: July 2026.

Notice-period check

Your date clears the state minimum

September 1, 2026 gives 35 days' notice — at or above Wisconsin's 28 days minimum for month-to-month tenants (Wis. Stat. § 704.19(3)). If your lease requires more, the lease controls.

Most statutes count notice to the end of a rental period — if rent is due on the 1st, plan to move out on the last day of a month.

[Tenant name(s)]

[Rental address]

July 28, 2026

[Landlord / property manager name]

Landlord / Property Manager

RE: Notice of intent to vacate — [Rental address]

Dear [Landlord / property manager name],

Please accept this letter as my written notice of intent to vacate the rental unit at [Rental address]. My tenancy will end and I will deliver possession of the premises no later than September 1, 2026. This provides at least 28 days of written notice, as required for month-to-month tenancies in Wisconsin (Wis. Stat. § 704.19(3)).

I will remove all personal belongings, return all keys and access devices, and leave the unit in clean condition, normal wear and tear excepted. Please contact me to schedule a move-out inspection.

I will provide a forwarding address for the return of my security deposit before my move-out date.

This notice is delivered via certified mail with return receipt requested on July 28, 2026.

Sincerely,

[Tenant name(s)]
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Wisconsin notice rules

  • ✓Give at least 28 days’ written notice, and aim it at the END of a rental period — with rent due the 1st, notice delivered by September 2 ends the tenancy September 30.
  • ✓A notice that names the 1st of the following month instead of the last day of the period is still valid if given in time (§ 704.19(5)) — but naming the period’s last day is cleaner.
  • ✓Serve it by a § 704.21 method: give it personally, leave it with a competent household member with a mailed copy, or mail it by registered or certified mail — and keep your proof.
  • ✓Rent paid more often than monthly? Notice equal to the rent-paying period is enough (§ 704.19(3)); year-to-year agricultural tenancies need 90 days.
  • ✓Within 21 days after you surrender the premises, the landlord must deliver or mail the full deposit less any lawful withholdings, with an itemized statement for anything withheld (§ 704.28).
  • ✓Improper deductions or a blown 21-day deadline can support double damages plus reasonable attorney’s fees under Wisconsin’s consumer-protection rules (ATCP 134; Wis. Stat. § 100.20(5)).

For landlords

The landlord side mirrors yours for a simple non-renewal: at least 28 days’ written notice ending on the last day of a rental period (§ 704.19(3)). Wisconsin has no statewide just-cause law and state law preempts local rent control, but a lease can require more notice from the landlord — and beware lease clauses demanding more than 28 days from you; courts have scrutinized them.

Worked example with real dates

Elena rents month-to-month in Milwaukee at $1,150 with rent due on the 1st and wants to be out by September 30, 2026. Wisconsin needs 28 days ending on the period’s last day: counting back from September 30 lands on September 2, so she hands her landlord a signed letter on August 30 naming September 30 — 31 days, and the date checker clears it. Had she delivered it September 5, only 25 days would remain and the tenancy would slide to October 31, with October’s $1,150 owed. She lists her new Madison address in the letter: § 704.28 gives the landlord 21 days after she surrenders the unit — until October 21 — to deliver or mail her $1,150 deposit or an itemized statement, and a wrongful withholding could double on the way back.

Wisconsin notice to vacate FAQ

Why 28 days instead of 30 in Wisconsin?

The legislature pegged the period to four full weeks: § 704.19(3) requires “at least 28 days’ notice” for month-to-month tenancies. The catch is the anchor — the notice must end at the end of a rental period (§ 704.19(2)), so the practical deadline with rent due the 1st is the 2nd of your final month (the 3rd in 31-day months). Counting 28 days from whenever you feel like leaving doesn’t work.

I accidentally wrote October 1 instead of September 30 on my Wisconsin notice — is it void?

No. § 704.19(5) saves exactly that mistake: if a notice states the tenancy terminates on the first day of a succeeding rental period rather than the last day of a period, and it was given in time to terminate the tenancy at the end of the period, the notice is valid. Still, name the period’s last day when you can — it removes any argument about an extra day of rent.

How do I have to deliver a notice to vacate in Wisconsin?

By a method listed in Wis. Stat. § 704.21: personal delivery to the landlord or their agent, leaving it with a competent member of the household plus mailing a copy, or mailing by registered or certified mail, among others. Certified mail with return receipt is the easiest proof of the date; if you hand it over, get a signature on your copy.

How long does a Wisconsin landlord have to return my security deposit?

21 days after you surrender the premises (Wis. Stat. § 704.28) — the full deposit less lawful withholdings, delivered or mailed to your last known address, with an itemized statement for anything kept. Normal wear and tear is off-limits. If the landlord blows the deadline or deducts improperly, the ATCP 134 rules back tenants with double damages plus costs and reasonable attorney’s fees.

Sources

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