Eviction Process in Wisconsin
The eviction process in Wisconsin begins with a notice to the tenant from the landlord.
There are several types of notices that a tenant could receive. These are:
- 28 day notice to end a month-to-month tenancy. This is used when there is no lease violation, the landlord just wants you to move out.
- 5 day pay or quit notice This notice is used for late rent. This indicates that you should pay back rent within five days or leave the unit. However you have the opportunity to reach a payment plan with your landlord if they are willing to accept one.
- 5 day notice for non-rent violation. This is used for lease violations. You must get a full five work days to cure the problem and all you have to do is take “reasonable steps” or make a ”reasonable effort” to pay the landlord for damages to the unit assuming the lease is not month-to-month. The responsibility to prove that you violated the lease is the landlords. Behavior issues are hard to prove and the landlord may not be able to prove that you have violated the lease.
- 14 day no right to cure or notice. In this case you are being told to leave the unit after 14 days even if you fixed the problem. This is given to week to week and month to month tenets.
- 5 day notice with no right to cure. This notice is rarely used because a law enforcement agency must be telling the landlord that the property is a drug nuisance property.
- 30 day notice to cure This notice is given to tenants with a lease for more than one year giving them at least 30 days to pay late rent or take steps to stop violating lease rules.
The eviction notice you receive from your landlord is controlled by your state landlord tenant laws rather than your residential lease agreement. This is also true for the eviction process. While your rental agreement form states when your lease begins and ends, it doesn’t usually contain information about eviction notice processes. Rental laws derive from the landlord tenant rules (state statutes) Eviction procedures vary widely around the country, just like eviction rules. All the names at the bottom of the page are various names for eviction notices or lease ending notices. However, they are used to accomplish different purposes. For this reason, it is crucial to examine the notice you get from your landlord carefully. Ask yourself “What is it that the landlord is trying to accomplish with this notice? What is it that I am supposed to do?”
Eviction Process in Wisconsin
There are special rules for when landlords can give a five or 14 day notice. Please check your state statutes to determine when each applies.
The notices above can be delivered via a landlord to the tenant. The landlord can also give notice to someone in the tenant’s family over the age of 14. If personal service does not work, the landlord can post a copy of the notice on the property and also mail a copy to the tenant’s last known address or send it by registered mail.
Once the notice has been received, the tenant has three options 1) fix the problem and remain in the apartment 2) contest the violation and stay 3) move out
If the tenant does not respond to the notice, the landlord can obtain a default judgment. If the tenant does respond to the notice and cures the problem the notice may be canceled.
If the landlord wants to evict you, they must file at the County Court. You would then receive a summons from the sheriff or a process server at least five days before the initial hearing. At the initial hearing, you have an opportunity to discuss the case and determine whether or not an agreement can be reached with the landlord. If a settlement cannot be reached at the initial hearing, either landlord or tenant can request a trial be set up on a different day. Otherwise, the initial hearing can become a trial. When the trial occurs, the landlord and tenant each get an opportunity to present their case before the judge. Take all important papers with you to court including the lease, a notice, rent receipts, all written communications, any paperwork and witnesses necessary to help you prove your case. If the tenant wins, the eviction is ended. If the landlord wins, they obtain a written order called a writ of restitution. The writ of restitution is given to the tenant by the sheriff or else posted on the property. The tenant has the ability to move out shortly thereafter before the eviction occurs. However, if their furniture is evicted from the unit, it has to be placed in storage and the tenant given the opportunity to pay the storage fees to retrieve their furniture.
Most states require that evictions occur for only a few reasons that are defined in the state’s Landlord-Tenant statutes. You can download the statutes for your state from this website. The book “How to Stop an Eviction” has chapters on contents of notices and types of notices. If the notice you receive does not contain the correct information, you can get your eviction action cancelled. To obtain those chapters go here.
How the notice is served on you is very important. States have different notice requirements, defined by the state statutes. You can download your state statutes from this website. If the notice was given to you improperly, you can get your eviction action cancelled. The book “How to Stop an Eviction” has a chapter on serving the notice so you can see if you were served properly. To obtain the chapter, go here.
After the notice period, the landlord summons the tenant to court. The summons must meet state standards for content and timing. The state standards can be downloaded from this website. The book “How to Stop an Eviction” has a chapter on contents of the summons so you can verify that the summons contained the correct information. If it does not, you may be able to get the eviction dismissed. To get access to that information, go here.
How the summons is served is important in the tenant’s defense. Many states require that the summons notice be served by someone other than the landlord. The service is often done improperly. In the book “How to Stop an Eviction” there is a section on contesting service of the summons. To get that information, go here.
It is also important that the tenant respond properly to the summons with the correct information to use at trial. There is an extensive chapter in the book “How to Stop an Eviction” showing the tenant how and where to research to determine problems with the landlord’s position. The response to the summons is where that research is entered. The chapter contains over 200 defenses to the eviction. To get access to the information, go here.
In the book “How to Stop an Eviction” there are two chapters relating to the trial. One chapter focusses on preparing for the trial, organizing the information and preparing it to be summarized and presented quickly. The other chapter is on trial strategy. Knowing what information to bring up and when is crucial to the tenant winning. To get access to that information, go here.
If the tenant loses at trial, there are still an additional 9 ways to either win or stall the eviction, sometimes for months. To get access to that information, go here.
Other Useful Information Below
1) Types of tenancies
The notices that you get from your landlord are based on the type of tenant you are. The landlord is required to know what type of tenant you are and to give you the proper notice. If they give you the wrong type of notice, you can often get your eviction action dismissed. To figure out which type of tenant you are, click on this type of tenancy for a quick analysis.
2) Bad mistakes that landlords make that can get them sued.
Click on the links below to see a quick summary of the problem
Health and safety Violations
Violations of Quiet Enjoyment
Unfair or Deceptive Trade Practices
3) Getting the laws of your state
This summary information is provided with the understanding that it is subject to errors, omissions and misstatements. State laws are updated frequently and the most up to the minute information is contained in your state’s statutes.
It is important that you obtain the laws of your state and completely review them. We have a link on this website for you to obtain your state’s laws. To get your state’s laws, go to the home page of this site, and look at the top menu for the state laws. Click on the dropdown menu and then click on your state. You will get a link where you can download your state’s laws.
See paragraph above for context of the notices below. The paragraph begins “The eviction Notice”.
Letter of Eviction Notice
3 Day Notice to Quit
Landlord 30 Day Notice
3 Day Eviction
30 Day Eviction
3 day Eviction Notice
3 Day Notice of Eviction
Tenant Notice to Vacate
Notice to Tenant to Vacate
End Tenancy Letter
30 day Notice of Eviction
Notice to Vacate letter
3 Day Notice to Vacate
Notice to Tenants
Letter of Eviction
30 Day Notice to Vacate
Lease termination letter
Notice to Evict letter
Notice to Vacate
Notice For Eviction
Notice to End Lease
For the eviction process in other states, click the link below