🏛️ Courthouse Information and Locations for Wisconsin
Wisconsin Eviction Laws: Notice Requirements, Process, and Timelines
Wisconsin handles evictions through Circuit Court (Small Claims Division) using eviction actions governed by Wisconsin Statutes Chapter 704 (Landlord and Tenant) and Chapter 799 (Small Claims Procedure), along with ATCP 134 (Residential Rental Practices). Notice requirements vary by tenancy type: 5-day notice for nonpayment, 5-day or 14-day notice for lease violations (depending on whether cure is allowed), and 28-day notice to terminate month-to-month tenancies. Wisconsin prohibits evicting crime victims and requires specific domestic abuse protections in leases. Key feature: Accepting rent after notice may waive violation. Total timeline typically runs 3-6 weeks. Below you’ll find everything landlords need to know.
Wisconsin Eviction Laws
Comprehensive guide to Wisconsin's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in Small Claims Court (Circuit Court) - Eviction Action (Wis. Stat. Ch. 799, §§ 799.40-799.45).
⚡ Quick Overview
💰 Nonpayment of Rent
5-day pay or vacate for first nonpayment. CRITICAL: If landlord has given 5-day notice within past year, can instead give 14-day notice to vacate with NO cure right (§ 704.17(2)(a)). Acceptance of rent during nonpayment action does NOT waive right to proceed (§ 799.40(1m)). Eviction records appear on CCAP (public court records website) for 2-10 years - significant consequence for tenants. Small Claims Court handles all evictions. Declaration of Non-Military Service required (GF-175 form). If tenant wrongfully overstays, landlord can recover 2x daily rent for each day (§ 799.44(3)). 12-hour advance notice required for landlord entry (unless emergency or shorter notice agreed in lease). Some leases with terms >1 year can override statutory notice provisions (§ 704.17(5)).
📋 Lease Violation
5-day cure for first curable violation. If same violation within 1 year = 14-day no-cure notice. Criminal/drug-gang activity: 5-day no-cure notice (§ 704.17(3m)) - must include description of criminal activity, identity of individuals, advise of right to contest, suggest legal counsel/tenant resource center. Conviction NOT required to file. Landlord proof by greater preponderance of credible evidence. Cannot evict tenant for being victim of crime (§ 704.44(9)). Cannot evict for calling emergency/law enforcement (§ 704.44(1)). DV notice required in lease (§ 704.14). Month-to-month: 28-day notice. Leases >1 year may override some notice provisions.
📬 Service of Process
Summons and complaint served at least 5 days before hearing. Tenant has 5 days after service to file answer. Continuances limited in eviction actions - only for cause shown.
🏛️ Court & Legal Information
5-day cure period; court scheduling 5-25 days; mediation in some counties; contested hearings; appeal
⚖️ Appeals & Post-Judgment
Sheriff executes Writ of Restitution. Only after court hearing and judge orders eviction. Sheriff may remove tenant and belongings.
📦 Tenant Property & Abandonment
If written lease has clause re abandoned property: landlord can dispose legally (except medications must be kept 7 days). If no clause: follow statutory procedure. Sale proceeds (minus costs) sent to WI Dept of Administration.
🏦 Security Deposits
21-day return with itemized statement. No cap statewide. Cannot deduct for routine cleaning or normal wear/tear. Failure to return within 21 days = tenant can recover 2x amount wrongfully withheld. Must provide check-in/check-out sheet. ATCP 134 heavily regulates deposit practices.
💵 Late Fees
No state limit on late fees but must be reasonable. Must be in lease. ATCP 134 prohibits certain unfair lease provisions. Landlord cannot charge for normal wear/tear.
🛡️ Tenant Protections
Rent control prohibited statewide (§ 66.1015). 28-day notice for month-to-month termination (§ 704.19(3)).
🏙️ Local Overrides & City-Specific Rules
State preempts rent control. Milwaukee has additional housing code enforcement. Madison has tenant protections and mediation programs. Wis. Stat. Ch. 704 and ATCP 134 apply statewide. Good Samaritan protections for drug overdose assistance (§ 961.443). DV victim protections (§ 704.16).
Underground Landlord📝 Wisconsin Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the Small Claims Court (Circuit Court) - Eviction Action (Wis. Stat. Ch. 799, §§ 799.40-799.45). Pay the filing fee (~$$94.50-$114.50).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for Wisconsin
📊 Data Confidence
ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity
Underground Landlord
Disclaimer: This is general educational information, not legal advice. Consult a qualified Wisconsin attorney for specific legal guidance.
Governing Law and Court System
Wisconsin evictions are governed by:
- Wis. Stat. Chapter 704: Landlord and Tenant
- Wis. Stat. § 704.17: Termination of tenancies (notice requirements)
- Wis. Stat. § 704.19: Termination of periodic tenancies
- Wis. Stat. §§ 799.40-799.45: Small claims eviction procedure
- Wis. Admin. Code ATCP 134: Residential Rental Practices
Court: Circuit Court (Small Claims Division) in the county where the property is located.
Filing fees: $90-$120 (varies by county).
Self-Help Eviction Prohibited
Self-help evictions are illegal in Wisconsin (Wis. Stat. § 704.44(2m), ATCP 134.08(2)). Landlords cannot:
- Change locks
- Shut off utilities
- Remove tenant’s belongings
- Physically remove tenant
Only court-ordered eviction through sheriff is legal.
Legal Grounds for Eviction
Under Wis. Stat. § 704.17, landlords may evict for:
- Nonpayment of rent
- Breach of lease covenant
- Waste (unreasonable conduct causing physical damage)
- Lease agreement violations
- Nuisance
- Criminal activity
- Unsafe housing conditions caused by tenant
- End of lease term
- Termination of month-to-month tenancy
Notice Requirements by Tenancy Type and Violation
Leases for One Year or Less / Year-to-Year Tenants
Nonpayment of Rent: 5-Day Notice
- 5 days to pay or vacate
- Must clearly state amount of rent due
- Tenant has right to cure by paying full amount within 5 days
- If tenant pays, landlord MUST accept and cannot proceed
(Wis. Stat. § 704.17(2)(a))
Lease Violations (First Offense, Curable): 5-Day Notice
- 5 days to cure violation or vacate
- Tenant can remedy by taking “reasonable steps” to fix the issue OR offering good faith payment for damages
- Examples: unauthorized pets, noise, property damage
(Wis. Stat. § 704.17(2)(b))
Repeat Lease Violations (Within One Year): 14-Day Notice
- If tenant commits same or different breach within one year of a prior notice
- 14-day notice with NO right to cure
- Tenancy terminates on date specified (at least 14 days)
(Wis. Stat. § 704.17(2)(b))
Criminal Activity / Nuisance: 5-Day Unconditional Notice
- 5 days to vacate (NO cure option)
- Requires written notice from law enforcement or district attorney that nuisance exists
- Applies when rental unit is: used as meeting place for criminal gang, used to sell/make/distribute controlled substances
- Also applies if tenant commits acts (including verbal threats) threatening imminent serious physical harm to another tenant
(Wis. Stat. § 704.17(2)(c))
Month-to-Month Tenants (Periodic Tenancy)
Landlords have three options:
Option 1: For nonpayment, breach, or waste
- Same notices as year-or-less tenants (5-day, etc.)
Option 2: 14-Day Notice (No Right to Remedy)
- 14-day notice for any reason with no cure right
(Wis. Stat. § 704.17(1p))
Option 3: 28-Day Notice (No Cause Required)
- 28 days’ notice before end of rental period
- No reason required
- Last day of notice must align with last day of rental period
- If notice specifies fewer days, it’s valid but postponed to next rental period
(Wis. Stat. § 704.19(3))
Week-to-Week Tenants
- Notice period must be at least equal to rent-paying period
Tenancy at Will
- 28-day notice required
- No reason needed
Drug-Related Criminal Activity: 5-Day Notice
- 5-day notice with no cure option
- Arrest or conviction not required—documented evidence sufficient
(Wis. Stat. § 704.17(3m))
Serving the Eviction Notice
Valid service methods:
- Personal delivery to tenant
- Leaving with family member at least 14 years old at tenant’s residence AND explaining contents
- Posting in conspicuous place on premises AND mailing to tenant’s last known address
- Certified or registered mail to last known address
Important: Proof of certified mailing is sufficient to establish proper notice (no affidavit of service required) (Wis. Stat. § 799.40(1g)).
Improper service is the most common reason eviction cases are dismissed. Document method, date, and time of service carefully.
Right to Cure – Stopping the Eviction
If tenant received notice with right to cure (Wis. Stat. § 704.17(4m)(b)):
- Tenant can pay total amount due (or amount they believe correct) to stop eviction
- For other violations: Take “reasonable steps” to remedy OR offer good faith payment for damages
- Day notice was served does NOT count toward time limit
- Landlord cannot refuse rent payment or proceed to court during cure period
Keep copies of everything including payment records.
Filing the Eviction Action
After notice period expires without cure:
- File Small Claims Summons and Complaint with Circuit Court (Small Claims Division)
- Pay filing fee ($90-$120)
- Court sets hearing date
- May join claim for unpaid rent and other monetary damages
(Wis. Stat. § 799.40, § 799.05)
Service of Summons and Complaint
Tenant must be served at least 5 business days before court date:
- Personal service
- Substituted service (person of suitable age at residence)
- If personal service fails: Posting (7 days before hearing, after 3 attempts “due diligence”) AND mailing
Complaint must be served with summons (Wis. Stat. § 799.42).
No Waiver by Prior Acceptance
Important Wisconsin rule (Wis. Stat. § 799.40(1m), (1s)):
- Landlord accepting rent or other payment is NOT a defense to eviction
- Prior waivers or customs between parties don’t prevent eviction
- However, accepting partial rent during cure period may complicate case
Emergency Assistance Stay
Court must stay eviction if tenant applies for emergency assistance (Wis. Stat. § 799.40(4)(a)):
- Stay cannot be granted after writ of restitution issued
- Stay remains until eligibility determined and assistance received
- Maximum stay: 10 working days
Court Hearing
At hearing:
- Both parties present evidence
- Landlord should bring: lease, notice with proof of service, rent records, photos, communications
- Tenant can present defenses
If landlord wins: Court immediately enters order for judgment and issues Writ of Restitution (Wis. Stat. § 799.44(1-2)).
Stay of Writ (Hardship)
Court may stay writ of restitution if tenant shows hardship (Wis. Stat. § 799.44(3)):
- Stay up to 30 days maximum
- Tenant must pay rent during stay period
- Default on rent = stay dismissed, writ executed immediately
Writ of Restitution
After judgment:
- Writ issued immediately
- Delivered to sheriff for execution
- Must be executed within 30 days of issuance (writ invalid if received by sheriff more than 30 days after issuance)
- Some counties: Sheriff has 10 days from receipt to execute, then returns writ
(Wis. Stat. § 799.44(2), § 799.45)
Sheriff Execution
Sheriff process:
- Sheriff serves writ on tenant (personal service or posting)
- If tenant doesn’t leave, landlord books eviction date with sheriff
- Landlord (or agent) must be present at eviction
- Sheriff removes tenant and supervises property removal
- Landlord responsible for removal and storage of tenant’s property (or sheriff handles per § 799.45(3))
- Lock changing recommended after eviction
Appeal
Appeal goes to Court of Appeals (Wis. Stat. § 799.30):
- Must file within time specified by § 808.04(2)
- Tenant can request stay pending appeal but must post undertaking/bond and pay rent
Abandoned Property
After eviction (Wis. Stat. § 704.05(5)):
- Send written notice via regular mail AND certified mail to tenant’s last known address and any forwarding address
- Give tenant at least 30 days to reclaim belongings
- May charge reasonable removal and storage costs
- After 30 days, may sell or dispose of property
- Keep copies of notices and certified mail receipts
Protected Tenants – Crime Victims
Wisconsin law prohibits evicting (Wis. Stat. § 704.44(9), § 950.02(4)):
- Tenant (or household member) who was victim of crime committed on rental property
- If they couldn’t have prevented the crime
Also: Cannot evict for crime on property if lease doesn’t include required Notice of Domestic Abuse Protections (Wis. Stat. § 704.14, § 704.44(10)).
Tenant Defenses
- Improper notice: Wrong type, insufficient days, improper service
- Violation cured: Tenant fixed issue or paid within cure period
- Retaliation: Eviction for reporting housing violations
- Crime victim protection: Tenant was victim of crime on property
- Missing domestic abuse notice: Lease doesn’t include required protections
- Habitability: Landlord failed to maintain premises
- Discrimination
Limited defenses: Wisconsin courts only allow certain defenses in eviction actions—cannot raise federal antitrust, state franchise laws, or general public policy defenses.
Eviction Records
Eviction records on WCCA (Wisconsin Circuit Court Access/CCAP):
- Dismissed cases: 2 years
- Evicted/writ issued: 10 years
- Foreclosure evictions: Not posted
Typical Timeline
- Notice period: 5-28 days (depending on type)
- Filing to service: Few days
- Service to hearing: 5+ business days
- Judgment to writ: Immediate
- Sheriff execution: Within 30 days of writ (typically 10 days from receipt)
- Total (uncontested nonpayment): 3-4 weeks
- Contested or with stay: 4-6+ weeks
Best Practices for Wisconsin Landlords
- Use correct notice type for situation (5-day, 14-day, or 28-day)
- Ensure notice ends on last day of rental period for month-to-month termination
- Use certified mail for proof of service
- Document everything—service method, date, time
- Accept payment during cure period if offered (cannot refuse)
- Include required Domestic Abuse Protections notice in lease
- Never evict crime victims
- For repeat violations within one year, use 14-day no-cure notice
- Serve summons at least 5 business days before hearing
- Send abandoned property notices via regular AND certified mail
- Store abandoned property for 30 days
- Never attempt self-help eviction
Quick Reference: Wisconsin Eviction Rules
- Nonpayment notice: 5 days (with cure)
- First lease violation: 5 days (with cure)
- Repeat violation (within 1 year): 14 days (no cure)
- Criminal activity/nuisance: 5 days (no cure)
- Month-to-month termination: 28 days (no cause)
- Service before hearing: 5 business days
- Hardship stay: Up to 30 days
- Writ validity: 30 days from issuance
- Abandoned property storage: 30 days
- Filing fee: $90-$120
- Security deposit return: 21 days
- Governing law: Wis. Stat. Ch. 704, § 799.40-799.45, ATCP 134
Bottom line: Wisconsin provides 5-day notice for nonpayment with right to cure—landlord must accept if tenant pays full amount. First-time lease violations get 5 days to cure; repeat violations within one year get 14-day no-cure notice. Month-to-month tenancies require 28-day notice (must end on last day of rental period). Special protections exist for crime victims—cannot evict tenant who was victim of crime on property. Lease must include Domestic Abuse Protections notice. After judgment, writ of restitution issued immediately and must be executed within 30 days. Court may grant hardship stay up to 30 days if tenant pays rent. Store abandoned property 30 days after sending notice via both regular and certified mail. Never attempt self-help eviction. Document service carefully—improper service is the most common reason cases are dismissed.