A Wisconsin eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. Wisconsin landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.
Types of Wisconsin Eviction Notice Forms
| Notice Form | Grounds | Curable? |
| 5 Day Notice To Quit | Unpaid Rent – First Offense
Tenancy of Year-to-Year or Less |
Yes |
| 14 Day Notice To Quit | Unpaid Rent – Repeat Offense
Tenancy of Year-to-Year or Less |
No |
| 30 Day Notice To Quit | Unpaid Rent – First / Repeat Offense
Tenancy of More than 1 Year |
Yes |
| 5 Day Notice To Comply or Vacate | Lease Violation – First Offense
Tenancy of Year-to-Year or Less |
Yes |
| 30 Day Notice To Comply or Vacate | Lease Violation – First / Repeat Offense
Tenancy of More than 1 Year |
Yes |
| 14 Day Notice To Vacate | Lease Violation – Repeat Offense
Tenancy of Year-to-Year or Less |
No |
| 5 Day Notice To Vacate | Illegal Activity
All Tenancies |
No |
| 28 Day Notice To Vacate | No Lease | No |
Wisconsin 5 Day Notice To Quit
A Wisconsin 5 Day Notice To Quit evicts for a first-time nonpayment of rent, in a tenancy that’s year-to-year or less than one (1) year. In Wisconsin, a landlord can file this notice the day after rent is due, with no grace period for the tenant. The tenant must pay all past due rent or move out within five (5) judicial days (i.e., not counting weekends or legal holidays).
If a tenant defaults on rent again within 12 months, the landlord can evict using a 14 Day Notice To Vacate, which doesn’t allow the tenant a chance to pay the past due balance.
Wisconsin 14 Day Notice To Quit
A Wisconsin 14 Day Notice To Quit evicts a tenant for repeated nonpayment of rent during the past 12 months. In Wisconsin, a landlord can file this notice the day after rent is due, with no grace period for the tenant.
If the tenancy is year-to-year or for a term of (1) year or less, the tenant has no opportunity to cure the violation and must move out within fourteen (14) calendar days. For longer tenancies, the tenant has fourteen calendar days to pay the past due balance or move out, even though it’s a repeat offense.
Wisconsin 30 Day Notice To Quit
A Wisconsin 30 Day Notice To Quit evicts a tenant for nonpayment of rent, in tenancies of more than one (1) year. In Wisconsin, a landlord can file this notice the day after rent is due, with no grace period for the tenant. The tenant must pay all past due rent or else move out within thirty (30) calendar days.
Wisconsin 5 Day Notice To Comply or Vacate
A Wisconsin 5 Day Notice To Comply or Vacate applies to year-to-year tenancies and tenancies of less than than one (1) year, and demands correction of a lease violation that is “curable” i.e., the tenant gets a chance to fix the situation rather than be evicted. A curable lease violation might include property damage, failure to maintain health and safety on the rental property, or interfering with the quiet enjoyment of neighbors.
Tenants must take the necessary corrective action or move out within five (5) judicial days (i.e., not counting weekends or legal holidays). If a tenant repeats the same violation within 12 months, the landlord can evict using a 14 Day Notice To Vacate, which doesn’t allow the tenant a chance to cure the violation.
Wisconsin 30 Day Notice To Comply or Vacate
A Wisconsin 30 Day Notice To Comply or Vacate applies to tenancies of more than one (1) year, and demands correction of a lease violation that is “curable” i.e., the tenant gets a chance to fix the situation rather than be evicted. A curable lease violation might include property damage, failure to maintain health and safety on the rental property, or interfering with the quiet enjoyment of neighbors.
Tenants must take the necessary corrective action or move out within thirty (30) calendar days. This applies even if the violation has been repeated within the past year.
Wisconsin 14 Day Notice To Vacate
A Wisconsin 14 Day Notice To Vacate evicts year-to-year tenants or tenants who have resided on the premises under one (1) year, who have repeated a curable violation of the lease within the past 12 months. Since this is a repeat violation, tenants are not given an opportunity for corrective action, and must move out within fourteen (14) calendar days of receiving the notice.
Wisconsin 5 Day Notice To Vacate
A Wisconsin 5 Day Notice To Vacate evicts a tenant for illegal activity on the premises. This includes all criminal activity, such as drug offenses or violent crimes, but may also extend to civil offenses that violate the law. The tenant is not given an opportunity for corrective action and must move out within five (5) judicial days (i.e., not counting weekends or legal holidays) of receiving the notice.
Wisconsin 28 Day Notice To Vacate
A Wisconsin 28 Day Notice To Vacate terminates a rental agreement, including a month-to-month or year-to-year lease as well as an expired lease or a situation with no written lease where the tenant pays rent monthly. The non-terminating party must receive notice at least twenty-eight (28) calendar days before the date of termination.
How To Write an Eviction Notice in Wisconsin
To help ensure the legal compliance of an eviction notice:
- Use the tenant’s full name and address
- Specify the lease violation as well as any balance due
- Specify the date of termination
- Print name and sign the notice, including the landlord’s address of record
- Note the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Calculate Expiration Date in Wisconsin
The “clock” for an eviction notice period starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open.
In Wisconsin, for a notice period of fewer than eleven (11) days, only judicial days are counted. This means weekends and legal holidays are not counted for these shorter notices.
How To Serve an Eviction Notice in Wisconsin
Wisconsin landlords may deliver a notice of termination using any of these methods:
- Hand delivery to the other party
- Hand delivery to a family member of the tenant at least age 14 on the property, and informing them of the contents of the notice
- Hand delivery to someone in charge of or occupying the tenant’s address of record, PLUS delivery by mail
- Only after all hand delivery attempts fail: Posting at a conspicuous place on the premises, such as the entry door, PLUS delivery by mail
- 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. If the letter is mailed by regular mail, counting begins when the notice has been both mailed, and hand-delivered/posted. When delivering by registered or certified mail ONLY, counting begins on the 2nd calendar day after mailing (or 5th calendar day, if mailed out of state).
Sources
- 1 WI Stat § 801.15
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801.15 Time.(a) In this subsection, “holiday” means any day that is a holiday provided in s. 230.35 (4) (a) or a statewide legal holiday provided in s. 995.20 or both, and a full day on Good Friday.(b) Notwithstanding ss. 985.09 and 990.001 (4), in computing any period of time prescribed or allowed by chs. 801 to 847, by any other statute governing actions and special proceedings, or by order of court, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a day the clerk of courts office is closed. When the period of time prescribed or allowed is less than 11 days, Saturdays, Sundays and holidays shall be excluded in the computation.Source Link
- 2 Wis. Stat. § 704.21(1)
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04.21 Manner of giving notice.
(1)Notice by landlord. Notice by the landlord or a person in the landlord’s behalf must be given under this chapter by one of the following methods:
(a) By giving a copy of the notice personally to the tenant or by leaving a copy at the tenant’s usual place of abode in the presence of some competent member of the tenant’s family at least 14 years of age, who is informed of the contents of the notice;
(b) By leaving a copy with any competent person apparently in charge of the rented premises or occupying the premises or a part thereof, and by mailing a copy by regular or other mail to the tenant’s last-known address;
(c) If notice cannot be given under par. (a) or (b) with reasonable diligence, by affixing a copy of the notice in a conspicuous place on the rented premises where it can be conveniently read and by mailing a copy by regular or other mail to the tenant’s last-known address;
(d) By mailing a copy of the notice by registered or certified mail to the tenant at the tenant’s last-known address.
Source Link - 3 WI Stat § 704.19(7)
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(7) WHEN NOTICE GIVEN. Notice is given on the day specified below, which is counted as the first day of the notice period: Source Link(a) The day of giving or leaving under s. 704.21(1) (a) and (2) (a) and (b). (b) The day of leaving or affixing a copy or the date of mailing, whichever is later, under s. 704.21(1) (b) and (c). (c) The 2nd day after the day of mailing if the mail is addressed to a point within the state, and the 5th day after the day of mailing in all other cases, under s. 704.21(1) (d) and (2) (c). (d) The day of service under s. 704.21(1) (e) and (2) (d). (e) The day of actual receipt by the other party under s. 704.21(5).
