Wisconsin Eviction Process & Laws | Free WI Eviction Notices

The Wisconsin eviction process, also known as an 'Action for Possession', occurs when the landlord has not received communication from the tenant when a notice to quit has been sent for either noncompliance with their lease or for the termination of a month to month rental. The landlord should review the Eviction Instructions (for Milwaukee but may be applied to any county) and file the necessary forms (Summons, Complaint, and the Affidavit of Service) to the County Circuit Court. The tenant will have the chance to respond when the case has been filed against them as they will receive copies of all documents filed against them. When applicable, the tenant should Review Their Rights and file their claim by submitting the Answer to the court.

NonPayment Laws - 5 days § 704.17(2)

NonCompliance Laws - 5 days if it is the 1st violation and the tenancy has not lasted longer than 1 year § 704.17, 30 days if it is the 1st violation of a tenancy that has been over 1 year § 704.17(3)(a), 14 days if the same violation has occurred more than once in the last 12 months § 704.17(2)(b).

Month to Month Laws - 28 days § 704.19(3)

Action for Possession of Real Property Laws - Chapter 843

Types of Notice

Wisconsin 14 Day Notice to Quit | 2nd Violation & Incurable

The Wisconsin fourteen (14) day notice to quit, valid via 704.17(2)(b), allows a landlord to elect having the tenant move off the property due to a second (2nd) violation in the last year. The tenant has no grounds to fight the accusation other than giving their testimony in the court of law…

Wisconsin 28 Day Notice to Terminate Month to Month Tenancy

The Wisconsin twenty eight (28) day notice to terminate, under the laws of Statute 704.19(3), is the notice that must be used to terminate a month-to-month tenancy. It can be used by the landlord to inform the tenant, or vice versa. The notice provides the tenant with 28 days to…

Wisconsin 30 Day Notice to Quit | 1+ Year Term | 1st Violation

The Wisconsin thirty (30) day notice to quit, under Statute 704.17(3)(a), is a letter that may ONLY be sent to a tenant that holds a lease with a period of more than one (1) year. The form represents that the tenant has not paid their rent in full or that…

Wisconsin 5 Day Notice to Comply or Quit | Less Than 1 Year

The Wisconsin five (5) day notice to comply or quit, in reference to § 704.17, is a letter sent by the landlord if the tenant is in noncompliance with their lease (not for nonpayment) and they have been on the premises for less than one (1) year. If the tenant does…

Wisconsin 5 Day Notice to Pay or Quit | NonPayment or NonCompliance

The Wisconsin five (5) day notice to pay or quit, with the laws of Statute 704.17(2), is ONLY valid for leases of one (1) year or less for nonpayment or noncompliance with the rental agreement by the tenant. This notice is to be served by the landlord either personally or…

Process How to Evict a Tenant

The only legal way for a landlord to evict a tenant in the State of Wisconsin is to obtain a court order (self-help evictions are illegal). An eviction begins with the landlord serving the tenant with the proper notice to quit. The three main types of notices are the five (5) day notice to pay/cure/quit, the 14 day notice to to quit (for noncompliance), and the 28 day notice to vacate (for month-to-month tenancies). The notice cannot be given verbally to the tenant, it is required to be in writing.

Step 1 – The landlord must serve an eviction notice on the tenant. There are four acceptable forms of service; personal delivery, certified mail, posting, or the Sheriff’s Office.

Note: If the landlord wants the Sheriff to serve the notice, the fee is typically $30-40.

Step 2 – After the tenant has been served the notice and has failed to take action (i.e. have not paid rent, cured the violation, or moved out) the next step is for the landlord to file an eviction action. There are four forms that must be filled out: the summons, complaint, affidavit of service(for the notice), and an affidavit of non-military service. The filing fee is usually around $90. After the papers have been filed the court will issue a hearing date/case number.

Note: Five copies of each form will be required during the filing process. Wisconsin evictions are usually handled in the Small Claims Court of the county where the rental property is located. 

Step 3 – The summons/complaint must be served on the tenant. The service must be completed by somebody who is a third party of the action (i.e. not the landlord). Private process servers or the Sheriff are usually used to serve the court papers (the service fee is typically anywhere from $20 to $50 for the private process server, and around $35 per service attempt for the Sheriff). After the service has been completed, the person who served the papers must complete an affidavit of service form. This form must be kept by the landlord.

Step 4 – Both the landlord and the tenant must show up in court on the hearing date. If the court rules in favor of the landlord, a “Writ of Restitution” will be issued If the tenant wins the case, the lawsuit will be dismissed. After the landlord has been issued the writ of restitution, they must go to the Sheriff’s Office to give them the order/writ.

Note: The landlord may be required to obtain a “letter of authority.” The letter must be from a bonded moving/storage company (to store the tenant’s belongings).

Step 5 – The Sheriff will serve the tenant with an eviction notice (usually by mail). The Sheriff must perform the eviction no more than 10 days from the date that the order/writ was filed with the Sheriff’s Office.

Note: On the date of the eviction the Sheriff will contact the landlord. If the tenant moves out before the scheduled eviction, the landlord must inform the Sheriff’s Office of the cancellation.