1.24.050 Requirement of Writing for Rental Agreements and Termination

(a) A lease for more than a year, or a contract to make such a lease or the assignment of any leasehold interest of more than a year, is not enforceable unless it is in writing and in addition sets forth the amount of rent or other consideration, the time of commencement and expiration of the lease and a reasonably definite description of the premises, or unless a writing signed by the landlord and the tenant sets forth the amount of rent or other consideration, the duration of the lease and a reasonably definite description of the premises and the commencement date is established by entry of the tenant into possession under the writing. Sections 124.6 and 124.8 govern as to matters within the scope of such sections and not provided for in such written lease or contract.

(b) Possession under unenforceable lease. If a tenant enters into possession under a lease for more than one year which does not meet the requirements of sub. (a), and the tenant pays rent on a periodic basis, he becomes a periodic tenant. Except for duration of the tenancy and matters within the scope of Section 1.24.060 and 124.8, the tenancy is governed by the terms and conditions agreed upon.

(c) Termination of written lease prior to normal expiration date. An agreement to terminate a tenancy more than one year prior to the expiration date specified in a valid written lease is not enforceable unless it is in writing signed by both parties. Any other agreement between the landlord and tenant to terminate a lease prior to its normal expiration date or to termination a periodic tenancy or tenancy at will without the notice required by Section 1.24.120 may be either oral or written. Nothing herein prevents surrender by operation of law.

(d) Proof. In any case where a lease or agreement is not in writing signed by both parties but is enforceable under this section, the lease or agreement must be proved by clear and convincing evidence.