HomeRocketRent Logo

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. This notice outlines the specific grounds for eviction and provides the tenant with a designated timeframe to remedy the situation or vacate the premises.

Wisconsin Eviction Notice

Wisconsin Eviction Notice

Types of Wisconsin Eviction Notice Forms

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.

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.

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.

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.

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.

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.

7. 5-Day Notice To Vacate

  • Grounds: Illegal Activity on the Premises
  • Curable: No, the tenant must vacate within five judicial 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.

Eviction Laws & Requirements

Eviction in Wisconsin is governed by specific statutes that outline the grounds for eviction and the required notice periods. Key points include:

  • Eviction Lawsuit: Known as “Forcible Entry and Detainer” (§ 799.40).
  • Rent Grace Period: None unless specified in the lease (ATCP § 134.09(8)).
  • Non-Payment of Rent Notice:
    • 5-day notice for the first violation (§ 704.17(2)(a)).
    • 14-day notice for a second violation within 12 months (§ 704.17(2)(b)).
  • Non-Compliance Notice:
    • 5-day notice for the first violation (§ 704.17(2)(a)).
    • 14-day notice for a second violation within 12 months (§ 704.17(2)(b)).
  • Termination of Month-to-Month Lease: Requires 28 days’ notice (§ 704.19(3)).

How to Evict a Tenant in Wisconsin

Step 1: Provide Written Notice

Landlords must notify tenants of the reason(s) for eviction, including non-payment of rent or lease violations. 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. If they fail to do so, landlords may proceed with eviction filing. For a second violation within the same year, tenants must be given 14 days’ notice to vacate.

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. 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.

Step 5: Attend the Court Hearing

Both landlord and tenant can present their cases. The court will decide whether to grant the eviction.

Step 6: Receive the Writ of Restitution

If the court rules in favor of the landlord, a Writ of Restitution will be issued, allowing the sheriff to evict the tenant within ten days.

How to Write an Eviction Notice in Wisconsin

  1. Tenant Information: Use the tenant’s full name and address.
  2. Lease Violation Details: Specify the lease violation and any balance due.
  3. Date of Termination: Clearly state the termination date.
  4. Landlord Information: Print name and sign the notice, including the landlord’s address.
  5. Delivery Method: Note the date and method of notice delivery, along with printed name and signature.

How to Serve an Eviction Notice in Wisconsin

Landlords may deliver a notice using the following methods:

  1. Hand delivery to the tenant.
  2. Hand delivery to a family member of the tenant aged 14 or older.
  3. Hand delivery to someone in charge of the tenant’s address, plus delivery by mail.
  4. Posting at a conspicuous place on the premises, plus delivery by mail (if hand delivery fails).
  5. Delivery by registered or certified mail to the tenant’s last known address.

Counting for a notice period begins immediately upon delivery unless there is a mailed component.

Important Considerations

  • Self-Help Evictions: Landlords cannot forcibly evict tenants without going through the formal eviction process.
  • Court Filing Fees: Vary by county; for example, Milwaukee County charges $98 for filing.
  • Legal Assistance: It is advisable for landlords to consult with a lawyer experienced in eviction matters to ensure compliance with local laws.

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.