What Is a Wisconsin Eviction Notice?
A Wisconsin eviction notice is a written notice a landlord gives a tenant to end the tenancy (WI Stat § 704.17). It’s the first step in the eviction process and must be sent before filing an Eviction Action in small claims court.
The notice gives the tenant time to respond. Depending on the situation, they may be able to fix the issue, pay what they owe, or move out. For the notice to be valid, it has to be in writing and delivered using the methods outlined in WI Stat § 704.21. If it isn’t, the court may reject the eviction.
Which Wisconsin Eviction Notice Should You Use?
Using the wrong notice can delay your case or get it dismissed. In Wisconsin, each eviction notice type fits a specific situation, so you need to match it to the issue. The right notice depends on what happened and the type of lease.
5-Day Eviction Notice in Wisconsin (For Unpaid Rent)
Use a 5-day eviction notice in Wisconsin when a tenant misses rent, including any past-due amount and late fees (WI Stat § 704.17(1g)). Here’s how it works:
- Gives the tenant 5 days to respond. They can pay the full amount or move out (WI Stat § 704.17(1p)(a), (2)(a)).
- Applies to most leases. Covers month-to-month tenancies and leases of one year or less.
- Stops the eviction if paid. Paying in full within 5 days keeps the tenancy in place.
- Gets stricter after repeated nonpayment. If it happens again within one year, you can use a 14-day eviction notice in Wisconsin with no option to pay and stay.
This notice gives tenants a short window to fix the issue before it escalates. If the same problem happens again, the process speeds up and gives them less flexibility.
Evict a tenant on a lease for a year or less if the tenant hasn’t paid rent on time.5-Day Notice to Pay Rent or Quit
30-Day Eviction Notice in Wisconsin (For Unpaid Rent, and Breach of Other Lease Conditions on Leases Over 1 Year)
A 30-day eviction notice in Wisconsin applies to leases longer than one year (WI Stat § 704.17(3)(a)). Here’s how it works:
- Gives the tenant at least 30 days to respond. They can pay what they owe or move out.
- Requires full payment to stay. The tenant must pay all rent due within that 30-day period to keep the tenancy.
- Applies to long-term lease issues. Covers unpaid rent and other lease violations under leases over one year.
This longer timeframe reflects the nature of long-term agreements. Tenants get more time to fix the issue, but they still need to act within the deadline to avoid eviction.
Evict a tenant on a lease for more than a year if the tenant hasn’t paid rent on time.30-Day Notice to Pay Rent or Quit
5-Day Eviction Notice in Wisconsin (To Fix a Lease Violation or Move Out)
A 5-day eviction notice in Wisconsin applies when a tenant breaches a month-to-month lease or causes damage or misuse of the property (WI Stat § 704.17(1p)(b),(2)(b)). Here’s what to expect from this notice:
- Gives the tenant 5 days to respond. They can fix the issue or move out.
- Allows the tenant to correct the problem. This can mean fixing the violation or offering to pay for damages, as long as it’s reasonable and made in good faith.
- Applies to lease breaches and property damage. Covers situations beyond rent, like misuse of the unit or breaking lease terms.
- Gets stricter after repeated violations. If the same issue happens again within one year, you can give a 14-day notice to terminate with no option to fix it.
This notice gives tenants a chance to correct the issue quickly. If the problem continues, the next step removes that option and moves straight to ending the tenancy.
Give tenants five days’ notice before the eviction process can proceed in court.5-Day Notice to Quit for Non-Compliance
30-Day Eviction Notice in Wisconsin (For Lease Violations on Leases Over 1 Year)
A 30-day eviction notice in Wisconsin applies to lease violations under leases longer than one year. Here’s what this notice covers:
- Gives the tenant 30 days to respond. They can fix the issue or move out (WI Stat § 704.17(3)(a)).
- Requires reasonable steps to comply. The tenant must correct the violation or offer to cover damages.
- Applies to a range of issues. Covers property damage, lease breaches, or failure to follow lease terms.
This longer notice period reflects the nature of long-term leases. Tenants get more time to fix the issue, but they still need to act within that window to avoid eviction.
Give tenants 30 days’ notice before the eviction process can proceed in court. In that time, tenants may be able to fix (or “cure”) the problem.30-Day Notice to Quit for Non-Compliance
Need to End a Month-to-Month Lease?
If you’re ending a month-to-month tenancy without claiming unpaid rent or a lease violation, use a Wisconsin lease termination letter instead. A 28-day notice gives the tenant written notice that the rental agreement will end, without starting the eviction process.
How to Evict a Tenant in Wisconsin
The state of Wisconsin eviction process starts with proper notice. You can’t file in court until you follow the required steps under Wisconsin law, so getting the first step right matters. It also ties directly to landlord and tenant rights in Wisconsin, since both sides rely on clear notice and timelines.
1. Give the Tenant a Written Eviction Notice
Start by giving the tenant a written eviction notice (often called a notice to quit) (WI Stat § 704.03). To avoid delays or having to restart the process, make sure the notice is done properly:
- Sets a clear deadline. The notice tells the tenant when they need to move out or fix the issue, depending on the situation.
- Must follow Wisconsin rules. You need to use the correct notice type and timeline before filing in court.
- Needs complete details. Include key information like the termination date so there’s no confusion.
- Must be served the right way. Approved methods include handing it to the tenant, leaving it with someone at the residence, posting it, mailing a copy, or sending it by certified or registered mail.
Small mistakes at this stage can slow things down or lead to a dismissal. If the notice is wrong, you may have to start the eviction over.
What Happens After You Serve the Notice?
The tenant gets time to respond based on the notice type. They may pay rent or fix the issue (if allowed), or move out before the deadline. You need to wait until the notice period ends before filing in court.
2. File an Eviction Case in Small Claims Court
If the tenant doesn’t comply with the notice, the next step in the state of Wisconsin eviction process is filing a case in small claims court.
- File in the correct county. Submit the case where the rental property is located.
- Complete the required forms. Use the Summons and Complaint (SC-500 or SC-500I).
- Prepare copies. Make a copy for each tenant and keep one for your records.
- Include all relevant details. Add information tied to the case, such as foreclosure-related eviction if it applies (WI Stat § 799.41).
- Submit and pay the filing fee. File the forms with the clerk of court to start the case.
Filing moves the process into the court system. Errors here can delay the case or force you to refile. Once filed, the court sets the timeline and schedules the next steps, including service and a hearing date. A process server or sheriff will often serve the Summons and Complaint, using the Affidavit of Service (SC-5100V) to show they completed it properly.
Wait until the notice period fully ends before filing. Filing too early can lead to dismissal, and you may need to restart the process.
The tenant can respond to the allegations in the eviction complaint by filing an Answer and Counterclaim (SC-5200V) with the court. They must also deliver a copy to the landlord.
3. Go to the First Court Hearing
Once the tenant is served, the court sets the first hearing. Both the landlord and tenant are expected to attend, though some courts may allow a phone or written appearance.
At the hearing, the judge reviews the case and hears from both sides. Some cases are resolved right there. If not, the court will schedule a trial for a later date This is your first chance to present your side in front of the court. The outcome can move quickly from here, so it helps to come prepared with your documents and timeline.
4. Settle the Case or Prepare for Trial
After the first hearing, the case can either be resolved or move forward, and some courts may require mediation before going further. If you reach an agreement, put it in writing and file it with the court, which ends the case without a trial.
If you don’t reach an agreement, the case moves to trial. Gather your lease, notices, payment records, and any communication with the tenant, and line up witnesses if needed. Then, attend the trial and present your side to the judge.
At this point, the outcome depends on what you can show in court, so having your documents organized and ready can make a difference in how the case is decided.
Requesting a Default Judgment
To request a default judgment, you’ll need to file a Declaration of Non-Military Service (GF-175). It confirms whether the tenant is on active duty and helps the court avoid issuing a default judgment against someone in the military.
5. Get a Court Decision and Judgment
After the trial, the court reviews the evidence and decides the outcome. The judge looks at the lease, notices, payment records, and what both sides present.
If the landlord wins, the court issues an eviction judgment. It also issues a Writ of Restitution (SC-512), which allows the tenant to be removed from the property. The tenant has a right to appeal the judgment within 15 days, and a properly perfected appeal may stop the writ from being enforced. Otherwise, this step gives you a court order to move forward. Without it, the tenant cannot legally be removed.
6. Have the Sheriff Enforce the Eviction
If the tenant still doesn’t leave, the eviction moves to enforcement. You’ll need to request a writ of restitution and give it to the sheriff within 30 days (WI Stat § 799.44(2))
The sheriff handles the removal, not the landlord. You may need to pay service fees and provide a bond before the sheriff carries it out. If the tenant still refuses to leave, the sheriff will remove them from the property. This is the final step in the process. Once the writ is enforced, you can take back possession of the unit.
Landlords cannot remove tenants, change locks, or take belongings themselves. The eviction must go through the court and be enforced by the sheriff.
Sample Eviction Notice for Wisconsin
View a sample Wisconsin eviction notice from Legal Templates to see how to structure the notice type, deadline, and reason. Use it as a guide, then customize your own and download your template in Word or PDF.