Wisconsin Eviction Process

How to Evict a Tenant in Wisconsin

Step 1 – Give a Notice to Quit

Give the tenant a notice to quit that allows them to cure the breach or instructs them to vacate the property, depending on the severity of their violation.

Wis. Stat. § 704.21 outlines the permissible ways to issue this notice:

• Hand the notice to the tenant in person.
• Hand the notice to a tenant’s family member in person. Ensure the family member is at least 14 and lives on the property. You must explain the notice’s contents to them.
• Hand the notice to someone overseeing the tenant’s address of record (in addition to delivery by mail).
• Deliver via certified or registered mail to the tenant’s last known address.
• If hand delivery attempts are unsuccessful, post the notice at a visible place on the property. You must also make a mail delivery.

Step 2 – Wait for a Response

Allow the tenant time to respond. They may rectify their violation with no further action required on your part. If they correct their actions, their lease agreement remains effective, and they can continue residing on the property.

Step 3 – File for Eviction

If the tenant doesn’t comply, you can file a complaint in the circuit court in the property’s county. This action will initiate legal proceedings so a judge can determine if there’s cause to seek the tenant’s legal removal. Once you involve the court, attempts by the tenant to remedy their actions won’t dismiss the eviction action.

Step 4 – Serve Summons and Complaint

An eligible individual must serve the tenant a summons and complaint. You can’t serve it yourself because someone not part of the case must complete this task. Wis. Stat. § 801.11 dictates who can serve a summons.

Please prepare to pay the associated fees when filing for eviction, which may cost around $100 or more, depending on your unique case.

Step 5 – Attend the Hearing

Attend the hearing and provide evidence to the court regarding why you’re requesting possession of the property.

You may simultaneously bring claims against the tenant, asking the court for restitution for property damage, unpaid rent, and other losses you have incurred. If the court decides that the tenant wrongfully occupied the property after they received a notice to quit, the court can order them to pay you up to two times the amount of rent owed for each day they were there unlawfully (Wis. Stat. § 704.27).

Tenants have the right to appear in court to contest an eviction. In cases where the tenant fails to appear, the court may automatically grant the eviction order in favor of the landlord.

Step 6 – Receive a Writ of Restitution

Once the court makes a final decision, obtain a writ of restitution, per Wis. Stat. § 799.44. The court should issue it immediately. Notify and provide law enforcement with the proper documents.

Once the eviction order has been issued, you must wait for law enforcement to remove a tenant’s personal property and anyone still residing in the rental unit. You may not use force yourself.

A sheriff will execute the eviction, remove the tenant, and return possession to the property owner.

Eviction Reasons

Under state laws that apply to rentals of residential properties, you can begin eviction proceedings against tenants who:

• Fail to pay rent, pay rent in full, or pay on time
• Violate the lease’s terms
• Cause significant property damage
• Participate in illegal activity
• Are a nuisance on the property

Tenants receive protection from the Federal Fair Housing Act, as it stops landlords from discriminating based on tenants’ race, ethnicity, national origin, gender, religious practices, familial status, sexual orientation, or disability. Wisconsin’s Residential Rental Practices also protect tenants from eviction for:

• Retaliatory reasons, such as reporting a property owner or manager for a breach of contract or violations of the housing code to housing authorities
• Complaining about violations of the rental contract to the landlord or attempting to assert legal rights as a tenant (ATCP § 134.09)
• Contacting law enforcement, health services, or safety services for help
• Being the victim of a crime committed in or on the rental property (ATCP § 134.08)

At-Fault Evictions

Wisconsin recognizes two main types of eviction. The first type is at-fault, meaning a tenant does something wrong or fails to take the required action. Their behavior causes the landlord to consider whether they should let the tenant remain on the property. Explore these notices associated with at-fault evictions:

1. Notice to Pay Rent or Quit

Overview:

• A five-day notice to pay rent or quit informs the tenant they have five days to catch up on rent payments or leave the property.
• It only applies to tenants under leases for less than one year or year-to-year tenancies.
• Wisconsin doesn’t require an additional grace period for late rent, so the landlord can issue this notice as soon as the tenant’s payment is late.
• If a second late rent violation occurs within 12 months, a landlord can issue a 14-day notice to vacate without offering a chance to pay their rent (Wis. Stat. § 704.17(2)(a)).

2. Notice to Comply or Quit

Overview:

• A five-day notice to comply or quit gives the tenant five days to fix a lease violation or leave the property.
• It only applies to tenants under leases for less than one year or year-to-year tenancies.
• If a second violation occurs within 12 months, a landlord can issue a 14-day notice to vacate without offering a chance to address the issue (Wis. Stat. § 704.17(2)(b)).

3. Notice to Pay Rent or Quit (Tenancies of More Than One Year)

Overview:

• A 30-day notice to pay rent or quit gives the tenant 30 days to pay or leave the premises.
• It only applies to tenants under a lease for more than one year.
• The state laws for this notice fall under Wis. Stat. § 704.17(3)(a).

4. Notice to Comply or Quit (Tenancies of More Than One Year)

Overview:

• A 30-day notice to comply or quit gives the tenant 30 days to fix a lease violation or leave the premises.
• It only applies to tenants under a lease for more than one year.
• The state laws for this notice fall under Wis. Stat. § 704.17(3)(a).

5. Notice to Quit for Causing Imminent Harm or Conducting Illegal Activity

Overview:

• A landlord can issue a five-day notice to quit for causing imminent harm or conducting illegal activity.
• This notice doesn’t require the landlord to give the tenant an opportunity to rectify their behavior.
• Examples of imminent harm include physical violence leading to injuries or verbal threats (Wis. Stat. § 704.16(3)(b)1).
• Examples of illegal activity include illegal drug activity or violent acts (Wis. Stat. § 704.17(3m)(b)1).

No-Fault Evictions

The other type is no-fault evictions. No-fault evictions occur when the tenant hasn’t done anything wrong but must leave the premises because of the landlord’s request. Wisconsin only has one main type of no-fault eviction:

1. Notice for Lease Termination

Overview:

• Use a 28-day lease termination notice to inform a tenant that you’re terminating their tenancy.
• This notice is valid for all lease durations except if the tenancy is less than one month. If the tenancy is less than one month, the landlord should give notice that’s at least equal to the rent-paying period (Wis. Stat. § 704.19(3)).

Eviction Timeline

Tenant Rights in Wisconsin

Under state law, renters have the right to certain provisions from their landlord or property manager. Failure by a landlord to honor those rights can cause legal proceedings against them. Explore the rights that tenants in Wisconsin have:

Rental Agreements and Receipts of Deposit

Written leases are not required in Wisconsin. Verbal agreements are acceptable (Wis. Stat. § 704.01(1)). However, tenants have the right to receive a copy of the rental terms and conditions. If there is a written lease, you should provide a copy to the tenant when they take occupancy of the rental unit.

You should also provide written receipts to tenants for earnest money, security deposits, or rent paid in cash. A tenant may request a receipt for rent paid via check as well.

Accurate Contact Information

The law requires property owners to provide the name and address of any person authorized to collect rent and manage and maintain the property at which a tenant resides. You should provide this information in writing and update it via a notice of change of address within 10 business days if they move (ATCP § 134.04).

Safe and Hygienic Living Conditions

Tenants can initiate lawsuits against their landlord for failure to ensure safe and hygienic living conditions as outlined by state housing codes. In addition to private residential rental properties, these laws apply to federally subsidized rentals when they are privately owned, including HUD Section 8 Housing (ATCP § 134).

Security Deposits

Landlords must return a tenant’s security deposit within 21 days of the end of the lease. If you withhold all or part of the security deposit, you must provide an itemized statement that accounts for the reason you withheld it. Permissible reasons to withhold a security deposit include:

• Damage, neglect, or failure to remove waste by the tenant
• Nonpayment of rent or agreed-upon utilities
• Normal wear and tear that covers cleaning, painting, and carpeting costs as outlined in the rental agreement

If a tenant leaves the property before a lease agreement ends, you have 21 days from the end of the original contract to return the security deposit unless you rent the property to another tenant before the end of the original agreement. Then, you have 21 days from the time another party rents the unit to return the security deposit (ATCP § 134.06).

Self-Help Evictions

Renters have the right to due process under state eviction laws. Landlords may not disconnect utilities, change locks, remove doors, or harass a tenant to vacate until the landlord follows proper eviction procedures (ATCP § 134.09).

Removal of Personal Property

When the landlord removes an evicted tenant’s possessions from a rental unit, state law requires the landlord or property owner to properly store the items and notify the tenant within three days of the location of their property.

You should also provide receipts or documents the tenant needs to claim their belongings. Any expenses incurred during the removal and storage of a tenant’s property are the tenant’s responsibility (Wis. Stat. § 799.45).

Change of Ownership and Foreclosures

If a rental property changes ownership during a lease, the new owner is required to observe the terms of the existing lease and cannot evict a tenant until the lease expires (Wis. Stat. § 704.09 (3)).

Tenants are also protected under the Protecting Tenants at Foreclosure Act from immediate eviction if their rental property is foreclosed upon. The tenant should continue to make rental payments as required by their lease agreement unless they learn otherwise from the court or the foreclosing agent.

The landlord of a property in foreclosure still carries all the rights and responsibilities toward the tenant until the bank finalizes the foreclosure.

Resources

• Legal Action of Wisconsin: Offers free legal help with housing issues, including an Eviction Defense project.
• Coalition of Wisconsin Aging and Health Groups: Provide legal assistance to seniors struggling with different issues, including housing.
• Tenant Housing Center: Focuses on achieving housing justice in Wisconsin.
• University of Wisconsin-Madison: Offers an Eviction Defense clinic for people with an eviction case currently in court.