Timeline. Evicting a tenant in Wisconsin can take around 2 to 4 months, depending on the eviction type. If another hearing must be scheduled after the initial hearing, the process will take longer (read more).
Below are the individual steps of the eviction process in Wisconsin.
Step 1: Notice is Posted
Landlords in Wisconsin can begin the eviction process for several reasons, including:
- Violation of Lease Terms / Rental Agreement – If a tenant violates a provision of a written lease/rental agreement, including nonpayment of rent, the landlord may not be required to give the tenant the opportunity to correct the issue.
- No Lease / End of Lease Term (Tenant at Will) – If there is no lease or the term of the lease has ended, the landlord does not need any additional reason to end the tenancy as long as proper notice is given.
- Imminent Harm to Others – If the tenant poses an immediate threat to others on the rental premises, and certain other conditions apply, they must be given written notice prior to eviction.
- Illegal Activity – If a tenant is engaged in illegal activity, notice must be served before the tenant can be evicted.
- Retaliatory Evictions. It is illegal for a landlord to evict a tenant for complaining to the landlord or to the appropriate local or government agency regarding the property.
- Evicting a Squatter If the individual occupying the property did not have the permission of the landlord when initially moving in, does not have a lease (or verbal agreement) and has no history of paying rent, then a landlord/tenant relationship may not be established. As a result, the normal eviction process may not be applicable (read more).
Each possible ground for eviction has its own rules for how the process starts.
Eviction Process for Violation of Lease Terms / Rental Agreement
A tenant can be evicted in Wisconsin if they do not uphold their responsibilities under the terms of a written lease/rental agreement.
Wisconsin landlords are not required to allow tenants to correct a lease violation in these instances, but the amount of notice they must provide depends on the type and length of tenancy.
Typical lease violations under this category could include things like nonpayment of rent, having too many people residing in the rental unit, and having a pet when there’s a no-pet policy.
Illegal activity and imminent harm to others are not considered lease/rental agreement violations.
For week-to-week and month-to-month tenants, or those who have written leases for a year or less and fail to pay their rent, and for nuisances created by week-to-week or month-to-month tenants, the landlord can give a 5-Day Notice to Pay/Comply, giving tenants 5 days to pay rent/correct the nuisance or move out of the rental unit.
For all other lease violations, month-to-month tenants and tenants with leases/agreements for one year or less , may be given a 5-Day Notice to Comply, giving tenants 5 days to correct the issue or move out of the rental unit.
For tenants with written leases/agreements longer than one year, landlords must provide tenants with a 30-Day Notice to Comply, giving tenants 30 days to correct the issue.
Lastly, landlords aren’t required to give month-to-month tenants the opportunity to correct a lease violation (including nonpayment of rent) and could give them a 14-Day Notice to Quit instead of the 5-Day Notice to Comply.
If the tenant doesn’t correct the issue within the deadline/remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction Process for No Lease / End of Lease
In the state of Wisconsin, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.
Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.
The amount of time required in the notice depends on the type of tenancy.
- Week-to-week – If rent is paid on a week-to-week basis, a landlord must provide the tenant with a 7-Day Notice to Quit.
- Month-to-month – If rent is paid on a month-to-month basis, a landlord must provide the tenant with a 28-Day Notice to Quit.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction Process for Imminent Harm
If a tenant poses an imminent threat to another tenant (or another tenant’s child), AND:
- There’s a protection order against the tenant, or
- A condition of release that prohibits contact with another tenant, or
- A criminal complaint filed against the tenant alleging sexual assault, stalking, or domestic abuse
Then the landlord must give the tenant a 5-day written eviction notice. The eviction notice must specify why the tenant is being evicted, the tenant’s right to dispute the eviction in court, and the date the tenant must move out.
The tenant does not have the option to avoid this type of eviction and must move out.
Eviction Process for Illegal Activity
Tenants of a rental unit who are involved in illegal activity must be given 5 days’ written notice before the landlord can proceed with an eviction action.
Tenants may also be evicted if their guests or other occupants in the rental unit are involved in illegal activity, even if the tenant wasn’t specifically involved in the activity.
Illegal activity includes :
- Criminal activity
- Illegal drug activity
- Violent acts that affect the health/safety of the residents in the rental unit or the surrounding neighborhoods
In these instances, tenants don’t have the option of correcting the issue in order to avoid eviction.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Step 2: Complaint is Filed and Served
As the next step in the eviction process, Wisconsin landlords must file a complaint in the appropriate court. In the state of Wisconsin, this costs $94.50-$114.50 in filing fees, depending on whether the case is being filed electronically or in person.
The summons and complaint must be served on the tenant by any resident of the state who isn’t part of the case at least 5 days prior to the hearing using one of the following methods :
- Giving a copy to the tenant in person
- Leaving a copy with someone 14 years old or older at the rental unit
- Mailing a copy via certified mail
- Publishing a copy of the summons (only if all other methods fail)
5 days. The summons and complaint must be served at least 5 days before the hearing.
Step 3: Court Hearing and Judgment
An initial hearing will be set for no more than 25 days
after the landlord’s complaint was filed with the court.
If the tenant fails to appear for the initial hearing, they will be evicted.
If the eviction case cannot be resolved at the initial hearing, a trial will be held before a judicial officer, who will make a final ruling about whether or not the tenant will be evicted from the rental unit. This could add up to 30 days to the process.
If a judicial officer rules in favor of the landlord at the initial hearing or a trial, a writ of restitution will be issued and the eviction process will proceed.
~25 days. The initial hearing will be held within 25 days of the date the landlord’s complaint was filed with the court; if a trial is held before a judicial officer, it could add another 30 days to the process.
Step 4: Writ of Restitution Is Issued
The writ of restitution is the tenant’s final notice to leave the rental unit before the sheriff returns to forcibly remove them.
The writ will be issued immediately after a judgment has been entered in the landlord’s favor.
Immediately. The writ of restitution will be issued immediately after entry of a judgment in the landlord’s favor.
Step 5: Possession of Property is Returned
The sheriff must remove the tenant from the rental unit within 10 days of receiving the writ of restitution if the tenant hasn’t moved out of the rental unit before the sheriff returns.
A stay of execution may be granted for no more than 30 days if the judicial officer determines that requiring the tenant to move out sooner could create a “hardship” for the tenant.
~10 days. The tenant has up to 10 days to move out of the rental unit once the writ of restitution has been delivered to the sheriff’s office. If a stay of execution is granted, it could add another 30 days to the process.
Wisconsin Eviction Process Timeline
Below is a summary of the aspects outside of the landlord’s control that dictate the amount of time it takes to evict a tenant in Wisconsin. With that being said, these estimates can vary greatly, and some time periods may not include weekends or legal holidays.
- Initial Notice Period – between 5 and 30 days, depending on the notice type and reason for eviction.
- Issuance/Service of Summons and Complaint – 5 days before the initial hearing.
- Court Hearing and Ruling on the Eviction – within 25 days of the date the complaint was filed for the initial hearing; up to another 30 days if a trial is held after the initial hearing.
- Issuance of Writ of Possession – Immediately upon entry of judgment for the landlord.
- Return of Possession – ~10 days once the writ has been received by the sheriff’s office.
Flowchart of Wisconsin Eviction Process
For additional questions about the eviction process in Wisconsin, please refer to the official legislation, Wisconsin Statutes §704, §799, and §§801.10-801.11, for more information.
