Wisconsin Eviction Laws and Eviction Process

A reference of Wisconsin eviction laws, and steps of the Wisconsin eviction process for landlords and renters, updated 2021.

  • What notice do Wisconsin eviction laws require that landlords provide tenants before starting the eviction process?
    • For evictions based on non-payment of rent, the landlord must provide a 5-day notice. However, if the landlord gave a 5-day notice previously and allowed the tenant to continue living there and the tenant is late on paying rent again, the landlord must provide a 14-day notice to the tenant. (Wis Stat. § 704.17(2)(a)).
    • For evictions based on committing waste or non-compliance with a material term of the lease agreement, the landlord must provide a 5-day notice to the tenant. However, the landlord must provide a 14-day notice to the tenant if it is the second or subsequent violation within 12 months of the first violation. (Wis Stat. § 704.17(2)(b)).
  • For evictions based on remaining in possession of the rental unit beyond the period of the lease without the owner’s permission, the landlord must provide at least 28 days’ notice. (Wis Stat. § 704.19(3)).
    • Do Wisconsin eviction laws allow landlords to use “self-help eviction” methods, such as locking a tenant out of the rental unit or shutting off the utilities? 
    • No. Wisconsin law prohibits self-help measures, including excluding the tenant without following the eviction rules properly. (Wis Adm. Code ATCP § 134.09(7)).

Wisconsin Eviction Process: Step-by-Step

The eviction process in Wisconsin involves the following steps:

  1. The landlord serves the eviction notice. The landlord must provide the written notice to the tenant that states the reason for eviction and serve them with the notice.  The tenant has five days to pay rent or cure non-compliance, if applicable. If the notice is the second notice, the landlord does not have to give the tenant an opportunity to fix it.
  2. The landlord files a complaint. If the tenant remains on the property, the landlord can begin the eviction process in Wisconsin by filing a Forcible Entry and Detainer action. To do so, the landlord files the following forms:
  1. The landlord serves the tenant. The landlord is responsible for serving the tenant with the Summons and Complaint. The tenant must be served at least five days before the hearing date. The landlord is responsible for ensuring an Affidavit of Service is submitted to the court as proof that the tenant was properly served.
  2. The tenant answers the complaint. If the tenant wants to contest the eviction, they file an Answer and Counterclaim.
  3. Parties attend the hearing. The parties attend the hearing indicated in the court papers. They each present their case to the court. The court rules in favor of one of them. 
  4. The landlord receives a writ of restitution. If the court rules in the landlord’s favor, it gives a Writ of Restitution to the landlord. The landlord gives this form to the sheriff. The sheriff has ten days from receiving the writ of restitution to serve it on the tenant and physically remove them from the premises.

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**Blog Article Disclaimer*

This blog article is provided for informational purposes only and does not constitute legal advice. The content is intended to offer general information and should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances.

While we strive to keep the information accurate and up-to-date, laws and regulations are subject to change, and the legal landscape may vary based on jurisdiction. Therefore, we make no representations or warranties regarding the completeness, accuracy, reliability, or suitability of the information contained in this article.

Reading, accessing, or using the information provided in this blog does not create an attorney-client relationship between the reader and the author, and any reliance on the information is at your own risk. If you require legal advice or assistance, it is crucial to consult with a qualified attorney who can consider the specifics of your situation and provide advice accordingly.

The author and the platform disclaim any liability for any loss or damage incurred by individuals or entities as a result of the information presented in this blog. We recommend consulting a legal professional before making decisions or taking action based on the information provided in this article.

This disclaimer is subject to change without notice, and it is the responsibility of the reader to review and understand the disclaimer before relying on the information contained in the blog article.

PayRent is on a mission to build a rent collection app that fosters a positive and productive relationship between renters and landlords. We focus less on transactions and more on the people behind them.

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