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.
Grounds for an Eviction in Wisconsin
In Wisconsin, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include:
- Not paying rent on time
- Staying after the lease ends
- Violating lease terms
- Imminent harm
- Illegal activity
Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
|---|---|---|
| Nonpayment of Rent | 5/14/30 Days | Maybe |
| End of Lease or No Lease | 28 Days | No |
| Lease Violation | 5/14/30 Days | Maybe |
| Imminent Harm | 5 Days | No |
| Illegal Activity | 5 Days | No |
Nonpayment of Rent
In Wisconsin, a landlord can evict a tenant for not paying rent on time. To do so, they must first give written notice. The amount of notice depends on the type and length of tenancy.
For tenancies that are 1 year or less, the landlord has the option to give the tenant either a 5 days’ notice to pay rent or vacate the premises (with the chance to fix the issue) or a 14 days’ notice to vacate the premises (without the chance to fix the issue).
If the tenant commits the same violation within a 1-year period, the landlord can give the tenant a 14 days’ notice to vacate without the option to fix the issue.
For tenancies that are more than 1 year, the landlord can give the tenant a 30 days’ notice to pay or vacate.
Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Wisconsin the day immediately after its due date. Wisconsin landlords are not required to give tenants a rent payment grace period.
If rent is due on November 1st, it will be considered late starting on November 2nd, unless the lease specifically states there is a longer grace period.
Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.
End of Lease or No Lease
In Wisconsin, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). To do so, they must first terminate the tenancy by giving a proper 28-days’ notice to move out.
Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.
Lease Violations
In Wisconsin, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Wisconsin landlord-tenant law. The amount of notice depends on the type and length of tenancy.
For periodic tenants, and tenancies that are 1 year or less, the landlord has the option to give the tenant either a 5 days’ notice to cure or vacate (with the chance to fix the issue) or a 14 days’ notice to vacate the premises (without the chance to fix the issue).
Additionally, if the tenant commits the same violation within a 1-year period, the landlord can give the tenant a 14 days’ notice to vacate without the option to correct the issue.
For tenancies that are more than 1 year, the landlord can give the tenant a 30 days’ notice to pay or vacate.
Examples of lease violations:
- Having an unauthorized pet or guest
- Parking in an unauthorized area
- Not maintaining a certain level of cleanliness
- Committing waste (i.e., damaging the rental unit)
Imminent Harm
In Wisconsin, a landlord can evict a tenant if they cause imminent harm to another tenant or tenant’s child. To do so, they must first provide the tenant with a 5 days’ notice to vacate before the landlord can proceed with an eviction action. The tenant is not allowed to fix the issue and must vacate the rental unit.
The landlord can evict a tenant if they are provided with one of the following documents:
- An injunction order protecting the tenant from the person
- An injunction order protecting a child of the tenant from the person
- A criminal complaint alleging that the person sexually assaulted the tenant or child of the tenant
- A criminal complaint alleging that the person stalked the tenant or a child of the tenant
Illegal Activity
In Wisconsin, a landlord can evict a tenant for an illegal activity. To do so, they must first provide the tenant with a 5 days’ notice to vacate before the landlord can proceed with an eviction action. The tenant is not allowed to fix the issue and must vacate the rental unit.
Illegal activity includes:
- Criminal activity
- Illegal drug activity
- Violent acts that affect the health or safety of the residents in the rental unit or the surrounding neighborhoods
Even if the tenant wasn’t specifically involved in the activity, tenants can be evicted if their guests or other occupants in the rental unit are involved in illegal activity,
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Illegal Evictions in Wisconsin
In Wisconsin, there are a few different types of evictions that are illegal.
Wisconsin caselaw currently provides that when the landlord tries to include a lease provision which allows unlawful eviction of a tenant, the landlord must return ALL rent received from the tenant during the ENTIRE tenancy, plus the potential for addition sanctions the court may decide.
“Self-Help” Evictions
A landlord is not allowed to forcibly remove a tenant by:
- Changing the locks.
- Shutting off utilities.
- Removing tenant belongings.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:
- Complaining about a defect to an elected public official or local housing code enforcement agency
- Complaining to the landlord about a lease violation or local housing code violation
- Pursuing a legal right
In Wisconsin, all evictions follow the same process:
- Landlord serves tenant written notice of violations
- Landlord files complaint with court for unresolved issues
- Court holds hearing and issues judgment
- Writ of restitution is posted
- Possession of property is returned to landlord
Step 1: Landlord Serves Notice to Tenant
A landlord can begin the eviction process in Wisconsin by serving the tenant with written notice. The notice must be delivered by one of the following methods:
- Hand delivery to the tenant
- 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).
Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
5-Day Notice to Pay or Quit (Tenancy 1 Year or Less/Periodic Tenancy)
If a tenant is late on paying rent (full or partial) in Wisconsin, the landlord can serve them a 5-Day Notice to Pay or Quit. This notice gives the tenant 5 days to pay the entire remaining balance or vacate the premises.
Note, the landlord has the option to give a 5-Day Notice to Pay or Quit or the landlord can provide a 14-Day Notice to Quit.
14-Day Notice to Quit (Tenancy 1 Year or Less/Periodic Tenancy)
If a tenant is late on paying rent (full or partial) in Wisconsin, the landlord can serve them a 14-Day Notice to Quit. This notice gives the tenant 14 calendar days to vacate the premises without the chance to fix the issue.
Note, the landlord has the option to give a 5-Day Notice to Pay or Quit or the landlord can provide a 14-Day Notice to Quit.
30-Day Notice to Pay or Quit (Tenancy More Than 1 Year)
If a tenant has lived at the rental unit more than 1 year and is late on paying rent (full or partial) in Wisconsin, the landlord can serve them a 30-Day Notice to Pay or Quit. This notice gives the tenant 30 days to fix the issue or move out.
28-Day Notice to Quit (No Lease/End of Lease)
For a tenant with no lease or a month-to-month lease in Wisconsin, the landlord must serve them a 28-Day Notice to Quit to end the tenancy. This eviction notice allows the tenant 28 days to move out.
For tenants that don’t pay monthly, the amount of notice differs:
| Rent Payment Frequency | Notice Amount |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 28 Days |
5-Day Notice to Cure or Vacate (Tenancy 1 Year or Less/Periodic Tenancy)
If a tenant commits a lease violation, the landlord can serve them a 5-Day Notice to Cure or Vacate. This notice gives the tenant 5 calendar days to fix the issue or move out.
Note, the landlord has the option to give a 5-Day Notice to Cure or Vacate or the landlord can provide a 14-Day Notice to Quit.
14-Day Notice to Quit (Tenancy 1 Year or Less/Periodic Tenancy)
If a tenant commits a lease violation, the landlord can serve them a 14-Day Notice to Quit. This notice gives the tenant 14 calendar days to vacate the premises without the chance to fix the issue.
Note, the landlord has the option to give a 5-Day Notice to Cure or Vacate or the landlord can provide a 14-Day Notice to Quit.
30-Day Notice to Cure or Vacate (Tenancy More Than 1 Year)
If a tenant has lived at the rental unit more than 1 year and commits a lease violation, the landlord can serve them a 30-Day Notice to Cure or Vacate. This notice gives the tenant 30 days to fix the issue or move out.
14-Day Notice to Quit (Tenancy 1 Year or Less/Periodic Tenancy)
If a periodic tenant or a tenant who has lived at the rental property 1 year or less commits the same violation (nonpayment of rent or lease violation) within a 1-year period in Wisconsin, the landlord can serve them a 14-Day Notice to Quit. This notice gives the tenant 14 days to vacate the premises without the chance to fix the issue.
5-Day Notice to Cure or Vacate
If a tenant commits an illegal activity or causes imminent harm to a tenant (or tenant’s child), the landlord can serve them a 5-Day Notice to Quit. This notice gives the tenant 5 days to move out without the chance to fix the issue.
Step 2: Landlord Files Lawsuit with Court
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. Any person who is a nonresident of Wisconsin may deliver the summons and complaint if they are a resident of Illinois, Iowa, Michigan or Minnesota.
Service shall be at least 5 days prior to the hearing by giving a copy to the tenant in person. If delivering the summons and complaint in person isn’t an option after reasonable effort, the server may use one of the following methods:
- Leaving a copy with a family member of the tenant who is at least 14 years old at the rental unit.
- If leaving a copy with a family member is not an option, the service may be made by publishing the summons. A copy of the summons and complaint must be mailed immediately or prior to the publication.
- Mailing a copy via certified mail
Service methods may depend on the jurisdiction.
Step 3: Court Holds Hearing and Issues 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.
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 sheriff’s fee for serving a writ is $8 and $10 per hour for each deputy sheriff assigned to inventory the property upon seizure of the property, plus any necessary expenses incurred.
The writ will be issued immediately after a judgment has been entered 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.
Wisconsin Eviction Process Timeline
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 Wisconsin Eviction Process
Wisconsin Eviction 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 |
Sources
- 1 WI Stat §704.17 (2019)
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(1P) (a)…month-to-month…week-to-week tenant fails to pay rent when due…(c) if the property owner receives written notice…that a nuisance…exists in that tenant’s rental unit or was caused by that tenant… (2)(a) …for a term of one year or less, or a year-to-year…fails to pay…rent when due…notice requiring the tenant to pay rent or vacate on or before a date at least 5 days after the giving of the notice…
- 2 WI Stat §704.17 (2019)
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(1p)(b)…month-to-month tenant commits…a material violation of 704.07 (3), or breaches any covenant or condition of the tenant’s agreement…the tenancy can be terminated if…1. The landlord gives the tenant a notice that requires the tenant to either remedy the default or vacate the premises no later than a date at least 5 days after the giving of the notice, and the tenant fails to comply with the notice.
- 3 WI Stat §704.17 (2019)
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(2)(b) …a lease for a term of one year or less, or a year-to-year tenant, commits…a material violation of 704.07 (3) or breaches any covenant or condition of the tenant’s lease…the…tenancy is terminated if the landlord gives the tenant a notice requiring the tenant to remedy the default or vacate the premises on or before a date at least 5 days after the giving of the notice…
- 4 WI Stat §704.17 (2019)
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(3)(a) …under a lease for more than one year fails to pay rent when due…commits a material violation of 704.07 (3), or breaches any other covenant or condition of the…lease, the tenancy is terminated if the landlord gives…notice requiring the tenant to pay the rent…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.
- 5 WI Stat §704.19 (2019)
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(3) At least 28 days’ notice must be given except in the following cases: If rent is payable on a basis less than monthly, notice at least equal to the rent-paying period is sufficient…
- 6 WI Stat §704.16 (2019)
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(3)(b) A landlord may terminate the tenancy of an offending tenant if all of the following apply: 1. The offending tenant commits one or more acts, including verbal threats, that cause another tenant, or a child of that other tenant…to face an imminent threat of serious physical harm from the offending tenant if the offending tenant remains on the premises…
- 7 WI Stat §704.16 (2019)
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(3)(b) 2. …a. An injunction order…protecting the other tenant from the offending tenant. b. …protecting the child of the other tenant from the offending tenant…(3)(b) 2. d. A condition of release…ordering the offending tenant not to contact the other tenant…
- 8 WI Stat §704.16 (2019)
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(3)(b) 2. e. A criminal complaint alleging that the offending tenant sexually assaulted the other tenant or the child of the other tenant…f. A criminal complaint alleging that the offending tenant stalked the other tenant or the child of the other tenant…g. A criminal complaint…filed against the offending tenant as a result of the offending tenant being arrested for committing a domestic abuse offense against the other tenant…
- 9 WI Stat §704.16 (2019)
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(3)(b) 3. The landlord gives the offending tenant written notice…requiring the offending tenant to vacate on or before a date that is at least 5 days after the giving of the notice. The notice shall state the basis for its issuance and the right of the offending tenant to contest the termination of tenancy in an eviction action…
- 10 WI Stat §704.17 (2019)
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(3m)(b)1. … a landlord may…terminate the tenancy…without giving the tenant an opportunity to remedy the default, if the tenant, a member of the tenant’s household, or a guest or other invitee…engages in any criminal activity…The notice shall require the tenant to vacate on or before a date at least 5 days after the giving of the notice.
- 11 WI Stat §704.17 (2019)
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(3m)(b)1…terminate the tenancy of a tenant, without giving the tenant an opportunity to remedy the default, if the tenant, a member of the tenant’s household, or a guest…engages in any criminal activity that threatens the health or safety of, or right to peaceful enjoyment of the premises by, other tenants…persons residing in the immediate vicinity of the premises…the landlord …or engages in any drug-related criminal activity…
- 12 WI Stat §801.10 (2019)
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(1) An authenticated copy of the summons may be served by any adult resident of the state where service is made who is not a party to the action. Service shall be made with reasonable diligence.
- 13 WI Stat §801.11 (2019)
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(1)(a) By personally serving the summons upon the defendant…(b) If with reasonable diligence the defendant cannot be served…then by leaving a copy of the summons at the defendant’s usual place of abode: 1. In the presence of some competent member of the family at least 14 years of age…1m. In the presence of a competent adult, currently residing in the abode of the defendant…
- 14 WI Stat §799.12 (2019)
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(3) If authorized by court rule under sub. (2), service may be made by…certified mail with return receipt requested for all eviction cases for which service by mail is authorized under sub. (2)…
- 15 WI Stat §799.12 (2019)
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(4) If with reasonable diligence the defendant cannot be served by personal or substituted service…or if mailed service is authorized under sub. (2) and the envelope enclosing the summons is returned unopened to the clerk, service may be made by mailing and publication under sub. (6). The clerk shall issue a new return date allowing timely publication of a class 1 notice under ch. 985.
- 16 WI Stat §799.05 (2019)
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(3)(b)…In eviction actions, the return date for a summons served upon a resident of this state shall be not less than 5 days nor more than 25 days from the issue date, and service shall be made not less than 5 days prior to the return date.
- 17 WI Stat §799.206 (2019)
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(3) When all parties appear in person or by their attorneys on the return date in an eviction, garnishment, or replevin action and any party raises valid legal grounds for a contest, the matter shall be forthwith scheduled for a hearing, to be held as soon as possible before a judge and in the case of an eviction action, not more than 30 days after the return date.
- 18 WI Stat §799.44 (2019)
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(2) At the time of ordering judgment for the restitution of premises, the court shall immediately order that a writ of restitution be issued, and the writ may be delivered to the sheriff for execution in accordance with s. 799.45…
- 19 WI Stat §799.45 (2019)
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(5)(a) Within 10 days of the receipt of the writ, the sheriff shall execute the writ and perform all of the duties required by this section and return the same to the court with the sheriff’s statement of the expenses and charges incurred in the execution of the writ and paid by the plaintiff.
- 20 WI Stat §799.44 (2019)
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(3) At the time of ordering judgment, upon application of the defendant with notice to the plaintiff, the court may, in cases where it determines hardship to exist, stay the issuance of the writ by a period not to exceed 30 days from the date of the order for judgment.
- 21 Wis. Stat. § 704.21(1)
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(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: Source Link(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; (e) By serving the tenant as prescribed in s. 801.11 for the service of a summons. - 22 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: (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).
Source Link - 23 Koble v. Marquardt, App. No. 2022AP182 at 46 (Wi. App. April 23, 2024)
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…when a transaction [including a covenant to rent] is void, the customer shall be entitled to retain the goods, services or money received pursuant to the transaction without obligation to pay any amount and shall be entitled to recover any sums paid to the merchant pursuant to the transaction.
Source Link
