A month-to-month tenancy is a periodic tenancy or lease in which the tenant is given possession of the leased premises with no specific expiration date and agrees to pay the landlord on a monthly basis. A month-to-month tenancy often requires the tenant or the landlord to give the other party 30 days written notice of termination of the lease.
Both residential leases and commercial leases may be month-to-month tenancies. If a residential or commercial tenant remains in the leased premises and continues to pay rent following the expiration of a lease for a longer term, there may be a new month-to-month tenancy created and recognized by law.
In Wisconsin, a month-to-month tenancy is recognized as a form of periodic tenancy where the tenant occupies the property with no definite end date and pays rent monthly. Both residential and commercial leases can operate on a month-to-month basis. Under Wisconsin law, either the tenant or the landlord can terminate a month-to-month tenancy by providing the other party with a 28-day written notice, as stipulated by Wis. Stat. § 704.19. This notice period is slightly shorter than the commonly referenced 30-day period. If a fixed-term lease expires and the tenant continues to live in the property and pay rent without signing a new lease, a month-to-month tenancy is often presumed to have been established. It's important for both parties to understand that the terms of the original lease may continue to apply to the month-to-month tenancy, unless they agree to new terms.