Wisconsin landlords facing unsavory tenants often deal with stress and confusion if they don’t understand how to legally remove them from their rental. This guide breaks down the Wisconsin eviction process and laws, explains valid eviction reasons, outlines required steps, maps out timelines, and explains key landlord-tenant laws that apply across the state.
How Wisconsin Law Defines Eviction
An eviction in Wisconsin happens when a landlord takes legal action to remove a tenant who fails to pay rent, breaks the lease, refuses to move out after their tenancy ends, or commits another evictable offense.
Landlords can find Wisconsin’s eviction rules in Wisconsin Statutes Chapters 704 and 799, which explain notice timelines, court filings, and tenant rights across the state.
Eviction With Just Cause
“Just cause” in Wisconsin means a landlord has a lawful reason to end a tenancy, such as missed rent, serious lease violations, or property damage.
Landlords across Wisconsin can evict tenants for clear, legal reasons listed in state law. Common grounds include unpaid rent, major lease breaches, illegal activity, or damage to the rental. Every eviction must follow the state’s legal process, from proper notice to court filing.
Strong documentation helps landlords prove just cause if a dispute arises. Keep copies of rent ledgers, violation notices, and written communications to support your case in court if you ever end up in an eviction case.
Applicable law: Wis. Stat. § 704.17, Wis. Stat. § 799.40
No-Fault Evictions
Landlords in Wisconsin cannot remove fixed-term tenants without just cause before the lease expires. They can, however, choose not to renew the lease once the term ends, provided they follow notice rules outlined in the lease or state law.
For month-to-month tenants, landlords can end the tenancy without just cause by giving at least 28 days’ written notice before the next rent payment date. This rule applies statewide, as long as the landlord avoids retaliation or discrimination.
Applicable law: Wis. Stat. § 704.19, Wis. Stat. § 704.17
Grounds for Eviction in Wisconsin
Landlords in Wisconsin may evict tenants for several legally recognized reasons, which include:
Non-Payment of Rent
Wisconsin law does not give tenants an automatic grace period for late rent unless the lease says otherwise. Once rent becomes overdue, landlords can serve a 5-day Notice to Pay or Quit, requiring tenants to pay in full or leave the property.
If the tenant pays within that period, the lease continues. If not, the landlord can file for eviction through the local court, such as in Dane or Brown County. Keeping detailed payment records and written notices helps landlords stay organized and legally protected.
Applicable law: Wis. Stat. § 704.17(2)(a), Wis. Stat. § 799.40
Lease Violations
A rental agreement defines the responsibilities and expectations between landlords and tenants. When tenants ignore those terms, Wisconsin landlords can begin the eviction process to protect their property and rental income.
Common examples of lease violations include:
- Throwing loud parties in a quiet neighborhood that bring police to the property.
- Keeping a ferret in a “no pets” unit after receiving multiple warnings.
- Subletting a Milwaukee apartment on Airbnb without the landlord’s written approval.
Lease agreements safeguard both sides by setting clear, enforceable terms. Understanding and honoring those terms helps prevent disputes and protect everyone’s interests. Landlords can use this lease agreement template to create legally sound and consistent rental contracts.
Applicable law: Wis. Stat. § 704.17, Wis. Stat. § 799.40
Illegal Use of the Premises
Wisconsin law allows landlords to evict tenants who commit crimes on or within their rental property. Whether a tenant sells drugs from a duplex, runs an illegal gambling operation out of a basement, or attacks a neighbor, landlords can take immediate legal action to remove them.
Criminal behavior endangers other tenants and damages property value, so landlords should document every incident carefully and file for eviction as soon as possible.
Applicable law: Wis. Stat. § 704.17(2)(c), Wis. Stat. § 799.40
Tenant Actions that Threaten Health or Safety
Wisconsin landlords can evict tenants who create conditions that threaten health, safety, or the property itself. State law supports landlords when tenants cause sanitation problems, fail to perform required repairs, or damage vital systems such as plumbing, heating, or electrical wiring.
A few examples of health and safety violations in Wisconsin include:
- Letting trash, food, or pet waste pile up and attract vermin.
- Blocking fire exits or tampering with sprinkler systems.
- Ignoring leaks or moisture problems that lead to mold.
Landlords should take photos, send written warnings, and gather witness statements before filing for eviction. Review Wisconsin’s warranty of habitability to understand tenant responsibilities and ensure compliance.
Applicable law: Wis. Stat. § 704.07(3), Wis. Stat. § 704.17
Destruction or Neglect of the Rental Unit
Wisconsin landlords can evict tenants who cause major damage to a rental property or neglect upkeep outlined in the lease. Damage beyond normal wear and tear, such as broken doors, shattered windows, or damaged flooring, provides landlords with clear grounds to pursue eviction.
To prove property damage, document everything. Take dated photos, save repair invoices, and collect written statements from contractors or neighbors who witnessed the damage. Strong records help landlords win eviction cases and recover repair costs in court.
Applicable law: Wis. Stat. § 704.07(3), Wis. Stat. § 704.17
Tenant is in a Month-to-Month Rental Contract
Wisconsin landlords can end a month-to-month rental agreement at any time without giving a specific reason. To do so, they must serve tenants with at least 28 days’ written notice using a valid Notice to Terminate Tenancy form. If the tenant ignores the deadline and stays past it, the landlord can file an eviction case in small claims court to regain possession.
Applicable law: Wis. Stat. § 704.19, Wis. Stat. § 799.40
Step-by-Step Eviction Process in Wisconsin
Landlords in Wisconsin must follow a 7-step legal process to evict a tenant. Each step must meet state requirements, from delivering the initial notice to securing a court-ordered Writ of Restitution.
Here are the steps landlords must take, from start to finish:
1. Deliver Notice to the Tenant
Wisconsin landlords must begin the eviction process by identifying the grounds for removal and serving the appropriate notice. Whether the reason involves unpaid rent, property damage, or a lease violation, landlords must use the proper form and give tenants the legally required time to correct the issue (when allowed).
Some problems, such as late rent or minor lease violations, give tenants a short window to resolve them. More serious issues, such as repeat lease violations within 12 months or illegal activity, are non-curable and require the tenant to vacate before the notice period ends. Landlords can deliver notices by handing them to the tenant, leaving them with someone of suitable age at the rental, or mailing them to the tenant’s last known address.
Notice Forms & Timelines
- 5-Day Notice to Pay or Quit: Used when rent is overdue; gives tenants 5 days to pay in full or move out.
- 5-Day Notice to Cure or Vacate: Used for first-time or minor lease violations, such as unauthorized pets or excessive noise; gives tenants 5 days to fix the problem.
- 14-Day Notice to Quit: Used for repeat or serious lease violations within 12 months; gives no option to cure.
- 28-Day Notice to Terminate Tenancy: Used to end a month-to-month tenancy without cause.
Applicable law: Wis. Stat. § 704.17, Wis. Stat. § 704.19
2. File an Eviction Lawsuit Against the Tenant
Once the notice period ends and the tenant fails to pay rent or correct a violation, the landlord can proceed by filing a Small Claims Summons and Complaint with the circuit court in the county where the rental property is located. This filing will officially begin the eviction case, known as an “eviction action” under Wisconsin law.
The landlord will pay a filing fee that typically ranges from $90 to $120, depending on the county. After submitting the paperwork, the court clerk will set a hearing date and time. The landlord must then serve the summons and complaint to the tenant at least 5 days before the scheduled hearing to move the case forward.
Applicable law: Wis. Stat. § 799.40, Wis. Stat. § 799.05
3. Serve Court Summons Paperwork to the Tenant
Once the Wisconsin court clerk sets a hearing date, the landlord will arrange for a sheriff, deputy sheriff, or court-approved process server to deliver the summons and complaint to the tenant. The process server will then complete an Affidavit of Service (also called a Proof of Service), which shows exactly when and how the paperwork reached the tenant. The landlord will file this document with the court before the scheduled hearing to confirm legal service.
After receiving the summons, the tenant will have the chance to appear in court and respond to the eviction claim. Wisconsin tenants do not need to file a written answer unless the court specifically requires one. Both the landlord and tenant will appear in court on the scheduled date to present their evidence and arguments.
Applicable law: Wis. Stat. § 799.12, Wis. Stat. § 799.05
4. Attend the Eviction Hearing
When the court date arrives, both the landlord and tenant will appear before a Wisconsin circuit court judge, either in person or through an attorney. The landlord will present key evidence, such as the lease, eviction notice, rent ledger, photos, or witness testimony, and the tenant will have a chance to present their own evidence, challenge the landlord’s claims, and explain why the eviction should not proceed.
During the hearing, the judge will carefully review the evidence and may ask either party for additional documentation or statements. The court will examine all information to verify that the landlord followed Wisconsin’s eviction procedures before issuing a final ruling.
Applicable law: Wis. Stat. § 799.205, Wis. Stat. § 799.209
5. Court Reaches a Ruling
After reviewing all evidence and testimony, the Wisconsin judge will issue a ruling based on the facts presented in court. Most judges will decide the case on the day of the hearing, though some counties may take a few days to file the final decision.
If the judge rules in the tenant’s favor, the eviction will be dismissed and the tenant will be allowed to remain in the unit under their current lease. If the judge rules in favor of the landlord, the court will issue a Judgment for Possession, giving the landlord the legal right to retake the property. Tenants who disagree with the ruling will have 15 days to file an appeal, but the eviction may continue unless they post a bond with the court.
Applicable law: Wis. Stat. § 799.28, Wis. Stat. § 799.445
6. Judge Issues a Writ of Restitution
Once the landlord has a Judgment for Possession, they can obtain a Writ of Restitution from the courts. This document gives the county sheriff the authority to remove the tenant from the property and serves as the tenant’s final notice to leave before law enforcement carries out the eviction.
After receiving the Writ of Restitution, the landlord can take it to the sheriff’s office for enforcement to schedule an eviction. The sheriff will then deliver the writ to the tenant and return within about 10 days to oversee the removal if the tenant stays.
Applicable law: Wis. Stat. § 799.44, Wis. Stat. § 799.45
7. Law Enforcement Executes the Writ of Restitution
If the deadline passes and the tenant still refuses to leave, the county sheriff will enforce the Writ of Restitution and physically remove the tenant from the rental unit. Wisconsin law authorizes only the sheriff to complete an eviction, not the landlord. Once the sheriff finishes the eviction, the landlord will officially regain full possession of the property.
When evictees leave belongings behind in their old rentals, Wisconsin law requires landlords to follow specific procedures. In most cases, landlords must give written notice and hold the items for at least 30 days before disposing of or selling them (unless the lease clearly states they will not store abandoned property).
Applicable law: Wis. Stat. § 799.45, Wis. Stat. § 704.05(5)
Tenant Defense Against Eviction in Wisconsin
An eviction can leave a permanent mark on a tenant’s record, making it harder to rent another home, qualify for credit, or find stable employment. Losing housing takes a heavy toll, but tenants still have options to defend themselves and work toward a fair resolution.
Tenants can start by keeping clear records, paying what they can, and staying in communication with their landlord. Negotiating a payment plan, agreeing to repairs, or showing up in court with documentation can also go a long way toward preventing an eviction judgment.
When the process feels unmanageable, tenants should contact local legal aid for help. Organizations like Legal Action of Wisconsin and the Tenant Resource Center provide free or low-cost legal support for renters who need guidance navigating eviction proceedings.
Timelines to Expect
In Wisconsin, an eviction can be completed in 2 to 4 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Wisconsin eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 5-30 Calendar Days |
| Court Issuing/Serving Summons | 5 Business Days |
| Court Ruling | 25-30 Business Days |
| Court Serving Writ of Possession | Immediately |
| Final Notice Period | 10 Calendar Days |
Flowchart of the Wisconsin Eviction Process
Typical Court Fees
The cost of an eviction in Wisconsin for all filing, court, and service fees can vary based on service and execution fees. For cases filed in Small Claims Court the average cost is $124.50.
| Fee | Small Claims |
| Initial Court Filing | $94.50+ |
| Summons Service | ~$12+ |
| Counterclaim Filing (Optional) | $125.50 |
| Writ of Restitution Service | $8 |
| Writ of Restitution Execution | $10+ |
| Notice of Appeal Filing (Optional) | $195 |
Handle the Wisconsin Eviction Process Efficiently
Eviction can be a stressful and costly process for everyone involved. To stay organized and protect your rental business, consider using property management software to track payments, send notices, and document every step of the eviction process.
Sign up for a free account today to stay compliant, save time, and manage your rental properties without worry.
