Blog Post

Giving Notice to Vacate

Lucy Telkamp • Sep 11, 2020

So you have found a new place to live or simply know you'll be moving out- What Next?

Maybe you're purchasing your first home, or you've found the apartment of your dreams. Maybe it's just time to part ways with your roommate. In any case, you know that you'll be moving out of your home with us.


In all circumstances, you are required to give signed , written Notice to Vacate a minimum of 60 days prior to the last date of your last month of tenancy.


Basically, if you are on a month-to-month agreement with us and decide in the middle of March that you will be moving out, you have until April 2nd to submit signed, written notice that you will be vacating on May 31st. If you will be moving out sooner than May 31st, that's just fine- you will still owe full rent until May 31st  unless  your unit is rerented with a move-in date earlier than May 31st.


If you're on a full-term lease agreement with us, your term expires July 31st (for example), and you plan to move out, you must submit signed, written notice to vacate on/ before June 2nd. If you move out sooner than July 31st, you will still owe full rent until July 31st unless  your unit is rerented with a move-in date earlier than July 31st.


If you are looking to vacate sooner than 60 days from now, during the No Winter Vacate period, or before your lease expires, please see our post on Breaking Your Lease & Moving Out Early .


If you will be vacating but at least one of your current roommates with us will be staying, please see our post about Roommate Changes .


There is no specific form you need use to submit notice to vacate; you may use any old piece of paper to write


We/I, [all adult resident names], will vacate [your unit's address] on/ before [your move-out date].

Signed, [all adult resident signatures]


then either take a photo or scan the signed notice and send it as an attachment to us via email ( Lucy@WEUhomes.com ).


In the state of Wisconsin, an oral statement or an emailed statement without an ink signature do not suffice as notice to vacate.


Any notice to vacate must be signed by all adult residents; if only one of multiple adult residents signs the notice to vacate, the notice to vacate will not be valid or binding.


If you are on a month-to-month extension of your lease agreement with us, the No Winter Vacate clause does apply. You agreed to and signed off on the No Winter Vacate clause in your original lease agreement (sections 1.2 & 1.7) with us; that clause still (and specifically) applies when you are on a month-to-month extension with us. The No Winter Vacate clause is a pretty standard lease clause in the state of Wisconsin; it simply states that you may not vacate between November 1st and February 27th. If you do vacate between November 1st and February 27th, you will be held liable for rent until the end of February.


If you submit notice to vacate less than 60 full days in advance (even if it's 59 days in advance), your liability for the unit and for monthly rent will extend beyond your move-out date unless  the unit is rerented with a move-in date earlier than the end of your liability. For example:

        - If your lease term ends April 30th and you submit your notice to vacate on March 10th, the 60 day requirement continues into May and, as tenancies may not end mid-month (see lease section 1.2 & 1.7), you would be liable for rent until May 31st unless  your unit is rerented with a move-in date earlier than May 31st.

        - If you're on a month-to-month extension with us and you submit signed, written notice on March 10th to vacate on April 30th, the 60 day requirement continues into May and, as tenancies may not end mid-month (see lease section 1.2 & 1.7), you would be liable for rent until May 31st unless your unit is rerented with a move-in date earlier than May 31st.


An improper notice to vacate, one given less than a full 60 days in advance, can be particularly problematic starting September 3rd. If your lease agreement expires September 30th or October 31st OR if you are on a month-to-month extension AND you submit your signed, written notice to vacate within 60 days after September 3rd, the 60-day requirement falls after November 1st, during the No Winter Vacate period. You would remain liable for monthly rent for your unit until the end of February unless  your unit is rerented with a move-in date earlier than the end of February.

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