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Last Update July 21st, 2021
Wisconsin Eviction Notice Types
A legal eviction in Wisconsin can only be made for a number of acceptable reasons. This means that landlords must provide a valid basis along with the correct amount of days’ notice in order to comply with the legal eviction process within the state.
There are many specific causes that can prompt eviction action. Not using the correct WI legal document, in this case, can lead to delays or even court dismissal of the eviction, so it is important to choose the right type.
5-Day Notice to Quit (Leases of Under 1 Year)
When occupants with leases of 1 year or under fail to pay the rent on time or commit lease violations, the landlord can serve a 5-Day Notice to Quit. This is a curable notice, whereby the tenant can correct the issue in the notice period to avoid having to vacate.
14-Day Notice to Quit (2nd Violation)
If a tenant commits a second violation of the lease agreement within a 12 month period, the landlord can issue a WI 14-Day Notice to Quit. In this case, however, there is no right to cure and the tenant must leave the property within 2 weeks or face legal action.
28-Day Eviction Notice (Month-to-Month)
When a landlord wants to end a tenancy that is paid for on a monthly basis they must provide 28 days’ notice of their intention to terminate the agreement. This is a no-cause eviction and there are no rights to cure for the tenant.
30-Day Eviction Notice (Leases of Over a Year)
If a tenant doesn’t pay their rent on time or commits a lease violation and has a residential lease agreement term lasting over 1 year the landlord can serve a 30-Day Notice. This works in the same way as the 5-Day notice and is curable.
Wisconsin Eviction Laws
Your Wisconsin eviction notice must follow the state’s rental property laws, in order to be valid. There are a number of important requirements that are obligatory when proceeding with the eviction of a rental tenant.
An eviction in Wisconsin may only happen in the case of:
Nonpayment/Lease violations for contracts lasting under 1 year: 5 days’ notice for the first violation and 14 days’ notice for subsequent violations within 12 months.
Nonpayment/Lease violations for contracts lasting over 1 year: 30 days’ notice for the first violation and 14 days’ notice for subsequent violations within 12 months.
Termination of a month-to-month lease: 28 days’ notice
The Wisconsin eviction notice itself must be delivered to the tenant as an official letter or form detailing the key information about the property and tenant. It must also clearly explain the reason the landlord wishes to terminate the lease and how long the resident has to comply with the notice.
Wisconsin Eviction Process
The Wisconsin eviction process must be followed precisely to ensure that the tenant is legally removed from the property. Therefore the landlord must take the correct steps and follow the right procedures, as detailed by Wisconsin’s state law. To correctly complete an eviction in WI, the landlord must do the following:
Step 1: Serve the tenant with a written statement giving a legally valid reason for the eviction and the correct amount of days’ notice for them to comply.
Step 2: If the tenant does not comply with the eviction notice the landlord can file for an Eviction Actions case with a local court and a summons will be served.
Step 3: The tenant and landlord can make their case in court. The presiding judge can then decide whether the eviction can proceed or not.
Step 4: If the judge rules in the landlord’s favor and the tenant still refuses to vacate, the owner may process a Writ of Restitution with the court clerk.
Step 5: When the Writ of Restitution has been processed the landlord may file the document with the county sheriff. The tenant will then have 10 days to leave before being forcibly evicted.
FAQs About Wisconsin Eviction Notices
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about Wisconsin’s eviction notices in our FAQs below and learn how to use these forms effectively.
How to Evict Someone in Wisconsin?
To successfully evict a tenant in Wisconsin state, the landlord or property manager must serve a legally valid eviction notice. This must provide the correct number of days to comply and a legitimate reason to evict. It can be served in person, to a family member, someone else living on the premises, or left in a conspicuous location and mailed.
If the tenant doesn’t comply and vacate the property as instructed, the landlord will then have to petition a court. If the judge rules in their favor they will then be able to use a local marshal or sheriff to forcibly evict the tenant.
How Long Does It Take to Evict a Tenant in Wisconsin?
In many cases, a Wisconsin eviction can be completed in a few days. Once the eviction notice is served, the tenant will have between 5 - 30 days to vacate. If they comply, then the process will be over as soon as the notice period ends.
However, serving the WI eviction notice incorrectly can lead to delays in the process. Also, if the tenant refuses to vacate, eviction procedures can take somewhat longer. Going through the court process can take up to 2-4 months depending on how busy the district or housing court system is at the time.
How Much Does It Cost to Evict Someone?
How much evicting a tenant costs will often depend on how long the removal process lasts. If you serve the Wisconsin Notice to Quit and that leads to a resolution of the dispute, or the tenant simply leaves as instructed, then the costs are very low (below $300 not including potentially lost rent).
However, if the tenant refuses to leave the property this could lead to a more protracted and expensive legal case. If you need to seek legal advice or representation at any step of the process, this will of course carry much higher costs.