Breaking a lease in Wisconsin

If you are the tenant

• Tenant or landlord: Either party must give written notice at least 28 days before the end of a rental period; a periodic tenancy can end by notice only at the end of a rental period.

Written notice required: Yes. Notice must be in writing and state the intent to terminate and the termination date (Wis. Stat. § 704.19(4)), delivered by a method in § 704.21 (personal delivery, or registered/certified mail for tenants).

• week-to-week, both: 1 rental period, ending with a rental period. If rent is payable more often than monthly, notice at least equal to the rent-paying period is enough, and the tenancy ends at the end of a rental period.
• year-to-year, both: 28 days, ending with a rental period. A year-to-year tenancy also needs at least 28 days' written notice, and can end only at the end of the rental year even if rent is paid more often.

A tenant who leaves early and stops paying owes rent and damages, reduced by the net rent the landlord could get with reasonable efforts to re-rent; the landlord may also recover reasonable listing and advertising costs (Wis. Stat. § 704.29).

Landlord's duty to re-rent: Yes. Wis. Stat. § 704.29 requires the landlord's recovery to be reduced by net rent obtainable through reasonable efforts to re-rent; the landlord must allege and prove its efforts. A lease that waives mitigation is void (§ 704.44(3m)).

Lease-break fees: No dollar cap, but a residential lease is void if it accelerates rent on default, waives the landlord's duty to mitigate, or requires the tenant to pay the landlord's attorney fees (Wis. Stat. § 704.44(3m), (4m); Wis. Admin. Code ATCP 134.08).

• Domestic violence, sexual assault or stalking (Wis. Stat. § 704.16)

  A tenant facing an imminent threat of serious physical harm (or a sexual assault victim) may end the tenancy and move out with notice and a certified court document.

  Proof:

  Notice under § 704.21 plus a certified copy of a qualifying injunction (domestic abuse, child abuse, harassment/stalking or sexual assault), a no-contact bail condition, or a criminal complaint for stalking, sexual assault or a domestic abuse arrest.

  What you still owe:

  Not liable for rent after the end of the month following the month the tenant gives notice or moves out, whichever is later, subject to mitigation.

• Unit unlivable or landlord fails to repair (Wis. Stat. § 704.07(4))

  If the unit becomes untenantable and the landlord does not promptly fix it, the tenant may move out.

  Proof:

  Premises untenantable from fire, water or other casualty, a health hazard, or a substantial code violation, not caused by the tenant, and the landlord does not promptly repair (or repairs would cause undue hardship).

  What you still owe:

  Not liable for rent after the premises became untenantable; prepaid rent refunded.

• Military service (state law) (Wis. Stat. § 321.62(14))

  National Guard or state defense force members on state active duty may terminate a lease signed before that duty.

  Proof:

  Written notice by personal delivery or first-class mail; National Guard or state defense force member ordered to state active duty for 30+ days after signing the lease.

  What you still owe:

  For monthly rent, termination is effective 30 days after the next rent due date after notice; otherwise on the last day of the month after the month of notice. Prepaid rent refunded.

• Other (Wis. Stat. § 704.165)

  When a residential tenant dies, the tenancy ends 60 days after the landlord learns of the death or at lease end, whichever is first.

  Proof:

  Landlord learns of the tenant's death.

  What you still owe:

  Estate owes no rent after the tenancy ends (60 days after the landlord learns of the death, or the lease end if earlier), subject to mitigation.

Military orders, every state: the federal SCRA lets servicemembers with orders (permanent change of station or deployment of 90+ days) end a lease with written notice and a copy of the orders. How the SCRA date is counted.

• A notice with a wrong date is still valid but takes effect on the first proper date; a tenant notice with no date takes effect on the first date that could have been properly stated (Wis. Stat. § 704.19(5)).
• If a periodic tenant moves out without notice and stops paying, the tenancy ends on the first date it would have ended had proper notice been given the day the landlord learned of the move (§ 704.19(6)).
• Mailed in-state notice counts as given on the 2nd day after mailing (§ 704.19(7)(c)).

• Write a Wisconsin notice to vacate
• Wisconsin security deposit law: getting your deposit back after you move

• Wis. Stat. § 704.19 Retrieved October 13, 2026.
• Wis. Stat. § 704.29 Retrieved October 13, 2026.
• Wis. Stat. § 704.16 Retrieved October 13, 2026.
• Wis. Stat. § 704.07 Retrieved October 13, 2026.
• Wis. Stat. § 704.165 Retrieved October 13, 2026.
• Wis. Stat. § 704.44 Retrieved October 13, 2026.
• Wis. Stat. § 321.62 Retrieved October 13, 2026.
• Wis. Admin. Code ATCP 134.08 Retrieved October 13, 2026.

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; see our methodology.