Terms of rental agreement trump statute.

• Date: 21 April 2004

Byline: David Ziemer

A 60-day notice to vacate in a rental agreement is enforceable, even though the agreement is labeled a month-to-month tenancy, the Wisconsin Court of Appeals held on April 13.

Robert Owens, Jr., rented an apartment from Shoreline Real Estate Co., Inc., for three years and three months. Before the tenancy commenced, Owens signed a rental agreement, which required that he provide Shoreline with a 60-day notice if he intended to vacate the apartment.

On two occasions during the tenancy, Owens signed typewritten rental increase forms provided to him by Shoreline, both of which noted the 60-day notice to vacate requirement.

However, the initial rental agreement described the tenancy as a "month-to-month" tenancy.

On Jan. 2, 2003, Shoreline received a handwritten note from Owens indicating that he intended to vacate his apartment on Jan. 31, 2003.

Thus...