A Wisconsin eviction notice form for non-compliance is a written document that states a tenant has 5 days to comply or to vacate the premises. Additionally, there are other notice forms for other grounds for eviction in Wisconsin.
Types of Eviction Notices
Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate by.
Grounds | Time | Curable? |
---|---|---|
Non-Compliance | 5/30-Day or 14-Day | Maybe |
Lease Termination | 7/28-Day | No |
Imminent Harm | 5-Day | No |
Illegal Activity | 5-Day | No |
5/30-Day Notice to Cure or Vacate/14-Day Notice to Quit (Non-Compliance)
A tenant can be evicted in Wisconsin if they do not uphold their responsibilities under the terms of a written lease or rental agreement. In Wisconsin, this includes nonpayment of rent and material health and safety violations.
The amount of notice required depends on the length and type of tenancy.
If the tenant is week-to-week, month-to-month, or has a written lease for one year or less, a Wisconsin landlord can give the tenant 5 days’ written notice to correct the issue to avoid eviction.
For tenants with written leases longer than one year, landlords must give tenants 30 days’ written notice to correct the issue to avoid eviction.
Landlords also have the option of giving month-to-month tenants a 14 day written notice to move out, without giving them the option to correct the issue.
Typical lease violations under this category could include things like damaging the rental property, having too many people residing in the rental unit, and having a pet when there’s a no-pet policy.
Material health and safety violations can include letting trash pile up inside the rental unit, providing a harbor for rodents or bugs, or even things like damaging the electrical wiring in the rental unit.
Note that illegal activity is not included in this category.
The notice should include:
- The specific lease violation;
- What the tenant can do to correct the issue (if allowed); and
- How long the tenant has to correct the issue or move out of the rental unit.
If the tenant fails to correct the issue/remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Get the downloadable 5/14/30-Day Eviction Notice for Noncompliance form template below (.pdf direct link).
7/28-Day Lease Termination Notice (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, landlords must give their tenants a 28-Day Notice to Quit.
The notice must include the date the lease will be terminated and the fact that the landlord intends to terminate the lease.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Get the downloadable 28-Day Lease Termination Notice form template below (.pdf direct link).
5-Day Notice to Quit (Imminent Harm)
If a tenant poses an imminent threat to another tenant (or another tenant’s child), and there’s a protection order or a condition of release prohibiting contact with another tenant, or a criminal complaint filed against the tenant, then the landlord must give that tenant a 5-day written eviction notice.
The eviction notice must include:
- The reason for the eviction;
- The date the tenancy will terminate; and
- That the tenant has the right to dispute the eviction in court.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Get the downloadable 5-Day Eviction Notice for Imminent Harm form template below (.pdf direct link).
5-Day Notice to Quit (Illegal Activity)
Tenants who are involved in illegal activity must be given 5 days’ written notice before the landlord can proceed with an eviction action.
In Wisconsin, illegal activity includes:
- Criminal activity;
- Illegal drug activity;
- Violent acts that affect the health and safety of the residents in the rental unit or the surrounding neighborhoods.
The eviction notice should include
- The specific violation;
- The date the violation occurred;
- The identities and descriptions of those involved;
- A statement that the tenant may seek help from legal counsel, a volunteer legal clinic or a tenant resource center; and
- A statement that the tenant may contest the allegations in the eviction notice.
If the tenant remains on the rental property after notice period expires, the landlord may proceed with the eviction process.
Get the downloadable 5-Day Eviction Notice for Illegal Activity form template below (.pdf direct link).
What to Include in Wisconsin Eviction Notices
The information required on a Wisconsin eviction notice varies depending on the reason for the eviction and is addressed under each notice type below. However, for all notices, it’s a good idea to include:
- The date the tenancy will terminate;
- The reason for the eviction; and
- The tenant’s name and contact information.
The landlord will also want to get the tenant’s signature confirming that they received the eviction notice, if the notice was hand delivered.
In addition, the landlord should keep the receipt number if the notice was delivered by registered or certified mail.
Delivering Eviction Notices in Wisconsin
In the state of Wisconsin landlords can deliver an eviction notice through one of the following methods:
- Giving it to the tenant in person;
- Leaving a copy with one of the tenant’s family members over the age of 14, OR an occupant of the rental unit if the tenant cannot be found;
- Posting the notice in a conspicuous place at the rental unit AND mailing a copy via first class mail if the tenant cannot be found; or
- Mailing a copy to the tenant’s last known address via registered or certified mail.
Eviction Process in Wisconsin
- An eviction notice is posted by the landlord to vacate or “cure” the issue.
- If uncured and tenant remains, the complaint is filed and served.
- A hearing is held and judgment issued.
- If an eviction is granted, a Writ of Restitution is posted at the property, giving final notice to the tenant to remove their belongings.
- Finally, the sheriff returns possession of the property to the landlord.
To learn more about the eviction process in Wisconsin, click here.
Sources
- 1 WI Stat §704.17 (2019)
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(1P) (a) If a month-to-month tenant or a week-to-week tenant fails to pay 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…
- 2 WI Stat §704.21 (2019)
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(1)(a) By giving…to the tenant or by leaving…in the presence of some competent member of the tenant’s family at least 14 years of age…(b) By leaving…with any competent person…in charge of the rented premises or occupying the premises…and by mailing a copy by …mail to the tenant’s last-known address…(c) …by affixing…in a conspicuous place on the rented premises …and by mailing…
- 3 WI Stat §704.21 (2019)
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(1)(d) By mailing…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.
- 4 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… 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, and if the tenant fails to comply…
- 5 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.
- 6 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…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.
- 7 WI Stat §704.17 (2019)
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(1P)(a)… A month-to-month tenancy is terminated if the landlord, while the tenant is in default in payment of rent, gives the tenant notice requiring the tenant to vacate on or before a date at least 14 days after the giving of the notice.
- 8 WI Stat §704.17 (2019)
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(1P)(a)… A month-to-month tenancy is terminated if the landlord, while the tenant is in default in payment of rent, gives the tenant notice requiring the tenant to vacate on or before a date at least 14 days after the giving of the notice.
- 9 WI Stat §704.19 (2019)
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(4) Notice must be in writing…and substantially inform the other party to the landlord-tenant relation of the intent to terminate the tenancy and the date of termination. A notice is not invalid because of errors in the notice which do not mislead, including omission of the name of one of several landlords or tenants.
- 10 WI Stat §704.16 (2019)
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(3)(b)1. The offending tenant commits one or more acts…that cause another tenant, or a child of that other tenant…to face an imminent threat of serious physical harm…if the offending tenant remains on the premises.
- 11 WI Stat §704.16 (2019)
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(3)(b) 2.a. An injunction order…protecting the other tenant… b. …protecting the child of the other tenant… c. …based on the offending tenant’s engaging in an act that would constitute sexual assault…stalking …or attempting or threatening to do the same. d. A condition of release…ordering the offending tenant not to contact the other tenant…
- 12 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…as a result of the offending tenant being arrested for committing a domestic abuse offense against the other tenant…
- 13 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…
- 14 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…
- 15 WI Stat §704.17 (2019)
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(3m)(b) 1. The notice shall…include a description of the criminal…or drug-related criminal activity, the date on which the activity took place, and the identity or description of the individuals engaging in the activity; advise…that he or she may seek the assistance of legal counsel, a volunteer legal clinic, or a tenant resource center; and state that the tenant has the right to contest the allegations…