Wisconsin Eviction Notice Templates (8)

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A Wisconsin eviction notice is delivered to a tenant who has violated the law or their lease agreement and must remedy the issue, if possible, or vacate the property. The notice describes the violation and the time period to fix the issue (if applicable) and explains that failure to comply could result in an eviction lawsuit.

Wisconsin Eviction Notice Templates (8)

A Wisconsin eviction notice is delivered to a tenant who has violated the law or their lease agreement and must remedy the issue, if possible, or vacate the property. The notice describes the violation and the time period to fix the issue (if applicable) and explains that failure to comply could result in an eviction lawsuit.

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Last updated September 11th, 2024

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A Wisconsin eviction notice is delivered to a tenant who has violated the law or their lease agreement and must remedy the issue, if possible, or vacate the property. The notice describes the violation and the time period to fix the issue (if applicable) and explains that failure to comply could result in an eviction lawsuit.

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Eviction Notices: By Type (8)

5-Day Notice to Quit | Non-Payment – Provides a tenant with five days to pay their rent or move out of the rental unit.

 

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14-Day Notice to Quit | Non-Payment – Provides a tenant with fourteen days to vacate the premises due to a second failure to pay rent.

 

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5-Day Notice to Quit | Non-Compliance (Curable) – Allows a tenant to cure a lease violation within five days before their tenancy is terminated by the landlord.

 

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14-Day Notice to Quit | Non-Compliance – Gives the tenant 14 days to move out before an eviction suit will be filed due to a second lease violation.

 

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5-Day Notice to Quit | Nuisance – Demands that a tenant vacate the premises within five days due to a drug/criminal gang nuisance.

 

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5-Day Notice to Quit | Imminent Threat – Delivered to a tenant who has threatened the safety of another individual giving them five days to leave the property.

 

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5-Day Notice to Quit | Criminal Activity – Gives a tenant five days to leave before being evicted due to criminal activity on the premises.

 

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28-Day Notice to Terminate | Month-to-Month Tenancy – Terminates a periodic tenancy between a landlord and tenant.

 

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Notice Requirements

  • Grace Period for Rent – Not mentioned in state statutes.
  • Non-Payment of Rent – 5 days | 14 days.[1]
  • Lease Non-Compliance – 5 days | 14 days.[2]
  • Periodic Tenancy Termination – 28 days.[3]
  • Nuisance – 5 days.[4]
  • Imminent Threat – 5 days.[5]
  • Criminal Activity – 5 days.[6]

How to Evict a Tenant in Wisconsin

Step 2 – Deliver Notice

Notices must be delivered using one of the following methods:

  • In-person to the tenant or to a family member over 14 years of age
  • In-person to someone occupying the premises with a copy mailed to the tenant’s last-known address
  • Posted in a conspicuous place on the property and mailed to the tenant’s last-known address (if the first two options aren’t possible)
  • Mailed to tenant’s last-known address by certified or registered mail
  • Served in the same manner as a summons in accordance with § 801.11

Step 3 – Summons and Complaint

If the tenant fails to comply with the notice to quit, the landlord can complete a Small Claims Summons and Complaint (SC-500I) to initiate an eviction suit. The landlord should make a copy for themselves, the court clerk, and the tenant.

The Summons and Complaint must be filed with the circuit court (civil division) in the county where the property is located. The clerk will charge a filing fee and set a hearing date and time.

Step 4 – Serve Summons

The landlord, the sheriff’s department, or a private process server must personally deliver the document to the tenant at least five days before the hearing date. If personal delivery isn’t possible, the form must be posted at the property (seven days prior to the hearing) and mailed (five days prior to the hearing).

The server will provide the landlord with proof of service. If the landlord delivered the summons themselves, they must complete an Affidavit of Service. A Declaration of Non-Military Service must also be completed and filed along with the appropriate proof of service.

Step 5 – Tenant’s Answer (If Applicable)

The Summons form demands that the tenant appear on the hearing date and, in some counties, file an Answer and Counterclaim (SC-5200V) before that date. If this is the case, a copy must also be sent to the landlord. (Court rules concerning written answers vary by county.)

The tenant can contest or accept the landlord’s complaint on the answer form, and they also have the opportunity to make a counterclaim. Failure to appear in court (and file an answer, if applicable) will result in a default judgment in the landlord’s favor.

Step 6 – Hearing

The landlord and tenant must attend the hearing to plead their case. If the judge grants the landlord an eviction judgment, the tenant will be ordered to vacate and the landlord will be entitled to damages.

If the tenant wins, their tenancy continues and they may be entitled to compensation for court costs. If the judge feels that the case cannot be settled on the first court date, a trial date will be scheduled.

Step 7 – Stipulation for Dismissal (If Applicable)

The landlord can try to settle with the tenant outside of court while they await the trial date. In some counties, the court considers mediation a requirement before the trial.
If the parties reach an agreement, the landlord will need to complete and file a Stipulation for Dismissal Eviction (SC-5300VA) and an Order for Dismissal (SC-5300VB), which will dismiss the case.

Step 8 – Trial

If mediation isn’t successful, the parties will have to attend the trial to present evidence and witness testimony.
If the tenant wins the case, they will be able to remain on the property and the judge might order the landlord to pay damages to the tenant. A judgment in favor of the landlord will require that the tenant pay all damages and any overdue rent and vacate the premises within a certain timeframe.

Step 8 – Writ of Restitution

If the tenant does not leave the property on time, the landlord can obtain a Writ of Restitution (SC-512) from the court. This document authorizes the sheriff to remove the tenant and their property within 10 days. The sheriff will charge a fee and may require an indemnity bond for insurance.

Sources

  1. § 704.17(2)(a)
  2. § 704.17(2)(b)
  3. § 704.19(3)
  4. § 704.17(2)(c)
  5. § 704.16(3)(b)
  6. § 704.17(3m)(b)