HomeRocketRent Logo
Sign Up

Start today for FREE.

Wisconsin Eviction Notice

A Wisconsin eviction notice is a legal document used by landlords to inform tenants of violations of lease agreements, such as non-payment of rent or other lease violations. Furthermore, this notice outlines the specific grounds for eviction and provides the tenant with a designated timeframe to remedy the situation or vacate the premises.

Sign Up
Wisconsin Eviction Notice

Wisconsin Eviction Notice

Types of Wisconsin Eviction Notice Forms

Wisconsin law recognizes several types of eviction notices, each serving different violation circumstances and tenancy types. Moreover, understanding these distinctions helps landlords choose the appropriate legal approach for their specific situation.

Short-Term Notices (5 Days)

1. 5-Day Notice To Quit

Grounds: Unpaid Rent – First Offense Applicable Tenancy: Year-to-Year or Less Curable: Yes, the tenant can pay past due rent within five judicial days. Therefore, this notice provides tenants with a brief opportunity to resolve payment issues.

4. 5-Day Notice To Comply or Vacate

Grounds: Lease Violation – First Offense Applicable Tenancy: Year-to-Year or Less Curable: Yes, the tenant must correct the violation within five judicial days. Additionally, this notice allows tenants to remedy correctable violations quickly.

7. 5-Day Notice To Vacate

Grounds: Illegal Activity on the Premises Curable: No, the tenant must vacate within five judicial days. Consequently, this notice addresses serious criminal violations that pose immediate risks.

Standard Notices (14 Days)

2. 14-Day Notice To Quit

Grounds: Unpaid Rent – Repeat Offense Applicable Tenancy: Year-to-Year or Less Curable: No, the tenant must vacate within fourteen calendar days. Therefore, this notice reflects the tenant’s previous noncompliance with payment obligations.

6. 14-Day Notice To Vacate

Grounds: Lease Violation – Repeat Offense Applicable Tenancy: Year-to-Year or Less Curable: No, the tenant must vacate within fourteen calendar days. Moreover, this notice applies when tenants have previously violated the same lease terms.

Long-Term Notices (28-30 Days)

8. 28-Day Notice To Vacate

Grounds: Termination of Rental Agreement Applicable Tenancy: Month-to-Month or Year-to-Year Curable: No, notice must be given at least twenty-eight calendar days before termination. Furthermore, this provides adequate time for tenants to find alternative housing arrangements.

3. 30-Day Notice To Quit

Grounds: Unpaid Rent – First / Repeat Offense Applicable Tenancy: More than 1 Year Curable: Yes, the tenant can pay past due rent within thirty calendar days. Additionally, this extended timeframe reflects the longer-term nature of these rental relationships.

5. 30-Day Notice To Comply or Vacate

Grounds: Lease Violation – First / Repeat Offense Applicable Tenancy: More than 1 Year Curable: Yes, the tenant must correct the violation within thirty calendar days. Therefore, this notice provides reasonable time for addressing violations in longer-term tenancies.

Eviction Laws & Requirements

Wisconsin eviction law provides specific statutory guidance for eviction procedures. Furthermore, understanding these legal requirements helps ensure proper compliance throughout the process.

Eviction Lawsuit: Wisconsin refers to eviction proceedings as “Forcible Entry and Detainer” (§ 799.40). Additionally, this provides the comprehensive legal foundation for all eviction actions.

Grace Period Requirements

Rent Grace Period: None unless specified in the lease (ATCP § 134.09(8)). Therefore, landlords can begin eviction proceedings immediately when rent becomes overdue.

Notice Period Requirements

Non-Payment of Rent

First Violation: 5-day notice (§ 704.17(2)(a)). Moreover, this brief period emphasizes the urgency of rental payment issues.

Second Violation: 14-day notice within 12 months (§ 704.17(2)(b)). Consequently, repeat offenses receive slightly extended notice periods.

Lease Compliance Issues

First Violation: 5-day notice (§ 704.17(2)(a)). Additionally, this provides tenants with a brief window to address lease violations.

Second Violation: 14-day notice within 12 months (§ 704.17(2)(b)). Therefore, repeat violations follow the same pattern as rent issues.

Lease Termination Requirements

Month-to-Month Lease Termination: Requires 28 days’ notice (§ 704.19(3)). Furthermore, this provides adequate time for housing transitions.

How to Evict a Tenant in Wisconsin

The Wisconsin eviction process involves several sequential steps that landlords must follow precisely. Moreover, each step builds upon the previous one to create a comprehensive legal framework.

Initial Notice Phase

Step 1: Provide Written Notice

Landlords must notify tenants of the reason(s) for eviction, including non-payment of rent or lease violations. Additionally, the notice must be properly served with evidence of service, such as an affidavit or certified mail receipt.

Step 2: Wait for the Tenant’s Response

Tenants have five days to remedy the situation. However, if they fail to do so, landlords may proceed with eviction filing. Furthermore, for a second violation within the same year, tenants must be given 14 days’ notice to vacate.

Court Filing Phase

Step 3: File for Eviction

If the tenant does not respond, the landlord can file a Forcible Entry and Detainer action in the local circuit court. Therefore, this requires filing a Summons and Complaint, along with a Non-Military Service Affidavit and Affidavit of Service of Notice.

Step 4: Serve the Tenant

The landlord must deliver the court documents to a process server who will serve the tenant at least five days before the court date. Consequently, this ensures proper legal notification of the court proceedings.

Step 5: Attend the Court Hearing

Both landlord and tenant can present their cases. Subsequently, the court will decide whether to grant the eviction based on the evidence presented.

Enforcement Phase

Step 6: Receive the Writ of Restitution

If the court rules in favor of the landlord, a judge issues a Writ of Restitution, allowing the sheriff to evict the tenant within ten days. Therefore, this final step ensures compliance with the court’s decision through official enforcement mechanisms.

How to Write an Eviction Notice in Wisconsin

To ensure legal compliance, Wisconsin eviction notices must include specific elements. Furthermore, missing any required information can invalidate the notice and delay the eviction process.

Required Information Elements

Tenant and Property Information

Tenant Information: Use the tenant’s full name and address. Therefore, this ensures proper legal identification of all parties involved.

Violation Documentation

Lease Violation Details: Specify the lease violation and any balance due. Additionally, clear documentation helps tenants understand exactly what they need to address.

Date of Termination: Clearly state the termination date. Moreover, this establishes the deadline for tenant compliance or departure.

Landlord Information

Landlord Information: Print name and sign the notice, including the landlord’s address. Consequently, this provides legal validation and contact information.

Service Documentation

Delivery Method: Note the date and method of notice delivery, along with printed name and signature. Therefore, this creates a legal record of proper notice service.

How to Serve an Eviction Notice in Wisconsin

Landlords may deliver a notice using several approved methods. Additionally, proper service ensures that tenants receive adequate legal notice of the proceedings.

Primary Service Methods

Direct Service

Hand Delivery: Hand delivery to the tenant. Therefore, this method provides immediate confirmation of service.

Substitute Service

Family Member Service: Hand delivery to a family member of the tenant aged 14 or older. However, this person must be capable of understanding the notice’s importance.

Responsible Person Service: Hand delivery to someone in charge of the tenant’s address, plus delivery by mail. Furthermore, this option works when tenants are unavailable for direct service.

Alternative Service Methods

Posting and Mail

Posting Method: Posting at a conspicuous place on the premises, plus delivery by mail (if hand delivery fails). Consequently, this method ensures tenant notification when other methods are unsuccessful.

Mail Service

Mail Delivery: Delivery by registered or certified mail to the tenant’s last known address. Moreover, this method provides postal documentation of delivery.

Notice Period Calculation

Timing: Counting for a notice period begins immediately upon delivery unless there is a mailed component. Therefore, landlords must carefully calculate timing based on their chosen service method.

Important Considerations

Understanding key legal requirements helps landlords navigate the eviction process successfully. Furthermore, following proper procedures protects both landlords and tenants throughout the legal proceedings.

Self-Help Evictions: Landlords cannot forcibly evict tenants without going through the formal eviction process. Therefore, proper legal procedures must be followed to protect tenant rights and avoid landlord liability.

Court Filing Information

Court Filing Fees: Vary by county; for example, Milwaukee County charges $98 for filing. Additionally, landlords should budget for these costs when considering eviction proceedings.

Legal Assistance: Landlords should consult with a lawyer experienced in eviction matters to ensure compliance with local laws. Moreover, professional guidance helps avoid costly mistakes and ensures adherence to Wisconsin’s specific legal requirements.

Statutes

FAQs

A Wisconsin eviction notice is a legal document used by landlords to inform tenants of a violation of the lease agreement, such as non-payment of rent or lease violations. It provides the tenant with a specified timeframe to address the issue before further legal action is taken.

In Wisconsin, there are several types of eviction notices, including the 5-Day Notice to Quit for unpaid rent or lease violations for tenancies of one year or less, the 14-Day Notice to Quit for repeat violations, the 30-Day Notice to Quit for tenancies over one year, and the 28-Day Notice to Vacate for month-to-month leases.

The response time varies depending on the type of notice. For a 5-Day Notice, the tenant has five judicial days to comply, while for a 14-Day Notice, they must vacate within 14 days. For a 30-Day Notice, tenants have 30 days to address the issue.

To evict a tenant in Wisconsin, a landlord must first provide a written eviction notice. If the tenant does not comply, the landlord can file a Summons and Complaint in local court, serve the tenant with the court documents, and attend a court hearing where a judge will decide the outcome.

If a tenant does not respond to an eviction notice by either vacating the premises or remedying the situation, the landlord can proceed to file an eviction lawsuit in local court. If the court rules in favor of the landlord, a Writ of Restitution will be issued, allowing the sheriff to carry out the eviction.

Yes, a landlord can evict a tenant for various reasons, including lease violations, illegal activities on the property, or if the landlord wishes to terminate a month-to-month tenancy. Each reason requires a specific type of eviction notice.

In Wisconsin, an eviction notice can be served through hand delivery to the tenant, delivery to a family member, or posting it on the premises followed by mailing. The notice must be properly documented to ensure it is legally recognized.

Wisconsin law does not provide a grace period for rent payments unless specified in the lease agreement. Landlords can issue a 5-Day Notice to Quit the day after rent is due without any grace period.