unexpired period of more than one year is not enforceable against the assignor unless the assignment is in writing reasonably identifying the lease and signed by the assignor; and any agreement to assume the obligations of the original lease which has an unexpired period of more than one year is not enforceable unless in writing signed by the assignee.
704.03(4)(4) 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 terminate a periodic tenancy or tenancy at will without the statutory notice required by s. 704.19 may be either oral or written. Nothing herein prevents surrender by operation of law.
704.03(5)(5) 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.
704.03 HistoryHistory: 1993 a. 486; 2011 a. 143.
704.03 Cross-referenceCross-reference: See also ss. ATCP 134.03, 134.04, 134.08, and 134.09, Wis. adm. code.
704.03 AnnotationIf there is no written lease, s. 704.07 applies to the obligation to make repairs. For there to be a remedy for a breach of a duty to repair other than that provided in s. 704.07, the obligation must be in a written lease signed by both parties. Halverson v. River Falls Youth Hockey Ass’n, 226 Wis. 2d 105, 593 N.W.2d 895 (Ct. App. 1999), 98-2445.
704.03 AnnotationThe unambiguous language of sub. (1) requires only a “reasonably definite” description of the premises, not a legal or pictorial