In Wisconsin, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in Wisconsin?
In Wisconsin, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in Wisconsin?
In Wisconsin, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
A 5 Day Notice to Quit for nonpayment of rent is an eviction notice for tenants, with a tenancy of one year or less or year-to-year, that do not pay rent in full and on time. There is no legal grace period for paying rent in Wisconsin. Landlords can serve notice starting the day after rent is due.
A 30 Day Notice to Quit for nonpayment of rent is an eviction notice for tenants, with a tenancy of more than one (1) year, that do not pay rent in full and on time. There is no legal grace period for paying rent in Wisconsin. Landlords can serve notice starting the day after rent is due.
Acceptable Forms of Service 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).
Obtaining Proof of Service in Wisconsin
Landlords can show proof that the notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery.
- Posting at the Premises – by taking a photograph and completing a Declaration of Service.
- Registered/Certified Mail – return receipt and completing a Declaration of Service.
Wisconsin Eviction & Lease Termination Notice Forms
| Notice Form | Grounds |
| 5 Day Notice to Quit | Eviction for Unpaid Rent
(Tenancy of 1 Year or Less and Year-to-Year) |
| 14 Day Notice to Quit | Eviction for Unpaid Rent
(Repeat Offense) (Tenancy of 1 Year or Less and Year-to-Year) |
| 30 Day Notice to Quit | Eviction for Unpaid Rent
(Tenancy of More than 1 Year) |
| 5 Day Notice to Comply or Vacate | Eviction for Lease Violation
(Tenancy of 1 Year or Less and Year-to-Year) |
| 30 Day Notice to Comply or Vacate | Eviction for Lease Violation
(Tenancy of More than 1 Year) |
| 14 Day Notice to Vacate | Eviction for Lease Violation
(Repeat Offense) (Tenancy of 1 Year or Less and Year-to-Year) |
| 5 Day Notice to Vacate | Eviction for Illegal Activity
(All Tenancies) |
| 7 Day Notice to Vacate | Ending a Weekly Lease |
| 28 Day Notice to Vacate | Ending a Monthly / Yearly Lease |
| Notice of Lease Renewal or Extension | Renewing or Extending Lease Term |
Sources
- 1 WI Stat § 704.17(2)(a)
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Tenancies under a lease for one year or less, and year-to-year tenancies.
(a) If a tenant under a lease for a term of one year or less, or a year-to-year tenant, fails to pay any installment of rent when due, the tenant’s tenancy is terminated if the landlord gives the tenant notice requiring the tenant to pay rent or vacate on or before a date at least 5 days after the giving of the notice and if the tenant fails to pay accordingly.
Source Link - 2 WI Stat § 704.17(3)(a)
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Lease for more than one year.
(a) If a tenant under a lease for more than one year fails to pay rent when due, or commits waste, or breaches any other covenant or condition of the tenant’s lease, the tenancy is terminated if the landlord gives the tenant notice requiring the tenant to pay the rent, repair the waste, or otherwise comply with the lease on or before a date at least 30 days after the giving of the notice, and if the tenant fails to comply with the notice. A tenant is deemed to be complying with the notice if promptly upon receipt of the notice the tenant takes reasonable steps to remedy the default and proceeds with reasonable diligence, or if damages are adequate protection for the landlord and the tenant makes a bona fide and reasonable offer to pay the landlord all damages for the tenant’s breach; but in case of failure to pay rent, all rent due must be paid on or before the date specified in the notice.
Source Link - 3 Wis. Stat. § 704.21(1)
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704.21 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 - 4 Wis. 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).
