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Patrick M. Roney
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Patrick Roney’s Answers

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  • Is this correct

    We gave our 30 day notice. It was postmarked November 1 gave notice to December 1 to be clean and out. This is an apartment complex. They are saying that they didn't receive the notice until the 3rd. Which that fell on a weekend and their offic...

    Patrick’s Answer

    This answer is for general understanding only and is not to be considered legal advice on a particular matter. Please consult directly with an attorney should you have a legal issue.

    First, Wisconsin statutes only contemplate 5-Day, 14-Day, and 28-Day notices relative to residential tenancies. Therefore, I am not sure of the basis for a 30-Day notice, unless 30 days was required by the lease. There are varying provisions in the statute concerning how to calculate the time if a notice is mailed. For example, if a landlord mails a tenant a 5-Day notice via certified mail, the landlord must add two days, thus making it essentially a seven day notice.
    A tenant giving a 28-Day notice must make sure that the 28th day (the last day of the notice) falls within the last month that the tenant plans to be in the unit. For example, a 28-Day notice given on October 3, is good to vacate the unit on or before October 31. Conversely, a 28-Day notice given on November 3 is insufficient since the 28th day is December 1, which is the first day of the December rental month.
    Next, if a lease hypothetically runs from the first day of the month to the last day of the month, and a tenant occupies the until for even one day of the month the tenant may be responsible for rent for the entire month. The landlord does have an affirmative duty to try to re-rent the unit after a tenant vacates. However, assuming it takes a few days to rehab the unit and most tenants want to move in on the first day of a month, it is often difficult to re-rent a unit the same month that a tenant vacates.
    Therefore, based on your hypothetical scenario, the tenant would likely owe rent for two reasons. The first is that the notice (in this case a 30-Day notice) was given at least one day too late. It may be three days to late if it was just mailed. Next, since the tenant planed to stay through December 1, the tenant was there at least one day into the December month and may be responsible for December's rent.

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