The eviction process can differ from county to county, but they more or less are the same:
This article details a summary for a landlord to refer to when evicting a tenant in compliance with Wisconsin state law. Alternatively, a landlord can ask an attorney for legal help if they have any questions on landlord-tenant rights.
Get the quintessential guide to eviction laws on the go from DoorLoop’s “Landlord’s Guide” series.
Now, let’s dive in.
An eviction with cause means an eviction process with a valid reason and often requires an eviction notice before proceeding with an eviction action.
An eviction notice is usually a form filled out by the landlord that details their violation and whether or not a tenant can fix the issue. The notice requirements depend on the reason for eviction (lease violation, end of the lease, illegal activity, etc.)
The landlord must give the tenant the right eviction form because, without it, the tenants may easily win the case.
A lease agreement can vary between tenants. Landlords and tenants are required to uphold the terms of the lease agreement at all times.
Lease violations include:
The landlord can evict the tenant for a lease violation, but the notice provided depends on the violation the tenant committed:
For month-to-month tenants, a landlord has legal cause to decide that they do not wish to let the tenant correct their violation (or pay overdue rent). In this case, the landlord must provide the renters with a 14-Day Notice to Comply INSTEAD OF a 5-Day Notice to Comply.
In Wisconsin, a landlord must give the tenant a 5-Day Notice to Pay/Comply, a 5-Day Notice to Comply, or a 30-Day Notice to Comply if they want to grant the tenant the opportunity to fix their violation or pay rent on time and if the tenant is a week-to-week tenant, or a tenant has a tenancy of more than one year.
Landlords can continue filing for an eviction lawsuit if tenants fail to resolve the issue (or pay due rent) and remains inside the rental property after the given notice period.
According to Wisconsin state law, a tenant who is deemed a threat against another tenant (or a relative to a tenant) and the conditions below are met, then the landlord must give the tenant notice called a 5-Day Notice to Quit. This five-day notice allows the tenant 5 days to leave the property or else they face an eviction process.
These are the conditions for a tenant to be evicted under this reason:
If a tenant has engaged in illegal activity on the rental premises, the landlord must give them a written notice of 5 days to move out of the property. The violation extends to anyone residing with the tenant inside the rental unit.
Examples of illegal activity include, but are not limited to:
Tenants are not allowed to fix their violations. Should the tenant remain on the rental premises after their notice period ends, the landlord may continue filing for an eviction process.
A Wisconsin eviction process does not allow a landlord to evict a tenant without good cause. As long as the tenant does not violate any rules, they can stay until their rental term ends.
However, a tenant can be evicted if they stay in the property even a day after their lease term ends (and have not arranged for a renewal).
This type of eviction notice usually only applies if the landlord wants to end the tenant's lease. The required notice time given to a tenant depends on their tenancy type or lease term.
Should the tenant remain in the rental premises even after their notice period ends, the landlord may continue to file for eviction proceedings to evict the tenant from the property.
If you want your own Wisconsin lease agreement, head over to DoorLoop's Forms Page to download your very own template.
After the notice period, the landlord may file for an eviction order at small claims court or the equal rights division). A successful eviction process relies on correct filings, so the landlord must file all the forms correctly.
Wisconsin filing costs range between $94.50 to $114.50, depending on the mode of filing.
It takes between 5- 30 days before a landlord can file a complaint. This depends on the notice given to the tenant.
| Lease Agreement / Type of Tenancy | Eviction Notice to Receive |
|---|---|
| Week-to-week | 7-Day Notice to Quit |
| Month-to-month | 28-Day Notice to Quit |
Before filing for an eviction with the court, you need to issue the tenant a notice to comply. You can either download the free PDF or Word template, or create your Wisconsin eviction notice from here using a step-by-step wizard that guides you through the entire process to make sure you are submitting the legally correct notice.
Keep in mind, the step-by-step wizard will ask you to pay a small fee at the end - it's a small price to pay to ensure legal compliance and protection. The last thing you want is to go to court only to find out you did the first process incorrect.
The Summons and Complaint must be served to the tenant. The landlord must not serve this document themselves. The document should contain information such as the date and time of the court trial.
Wisconsin allows anyone who is a state resident uninvolved in the case to serve the document. It has to be delivered at least 5 days before the eviction hearing is scheduled.
The summons and its corresponding documents have to be served through one of the following methods:
The tenant is not required to file an answer with the court. They only have to appear at the initial hearing.
The Summons and Complaint must be served at least 5 days before an eviction hearing is scheduled.
| Tenancy/Reason for Eviction | Failure to Pay Rent | Nuisance | Other violations |
|---|---|
| Week-to-week | 5-Day Notice to Pay/Comply |
| Month-to-month | 5-Day Notice to Comply OR 14-Day Notice to Comply |
| More than one year | 30-Day Notice to Comply |
A landlord has to provide a strong argument backed up by solid evidence against their tenant to win. If the tenant fails to show up to the hearing, the landlord could win by default.
During the initial court hearing, the landlord has the opportunity to support their claim with evidence and show it to the judge. This includes, but is not limited by the following:
An initial eviction hearing is scheduled within 25 days after the landlord filed the complaint. If the issue is not resolved during the initial hearing, it takes another 30 days for a judicial officer to issue a final decision.
The Wisconsin court system scheduled an initial eviction hearing within 25 days after the landlord filed the complaint. Complicated cases that are unresolved during the initial eviction hearing will take an extra 30 days for the judicial officer to make a decision.
Once the landlord wins the case and provided the tenant does not file for an appeal or reconsideration, the court will issue a Writ of Restitution immediately upon judgment passing in favor of the landlord.
The Writ of Restitution is a court order which informs the tenant that they must move out of their housing on the property or else they will be forcibly evicted. If the tenant fails to do so, they will be forcibly evicted.
This final step in the eviction process allows the tenant to move out of their housing on the property. Wisconsin state law dictates that a tenant must vacate the property within 10 days upon receipt of the Writ of Restitution.
In cases that will bring a tenant hardship, they may be granted a stay of execution for a maximum of 30 days. Only the appropriate law enforcement officials are allowed to forcibly evict a tenant from the property.
The Writ of Restitution is issued immediately, while the move-out period takes 10-30 days depending on whether the tenant was granted a stay of execution.
On average, it takes 2 months to 4 months for a complete eviction process in Wisconsin.
| Steps of the Eviction Process | Average Timeline |
|---|---|
| Issuing an Official Notice | 5-30 days |
| Issuance and Service of Summons and Complaint | 5 days before the hearing |
| Court Hearing and Judgment | 25-55 days |
| Issuance of Writ of Restitution | Immediately |
| Return of Rental Unit | 10-30 days |
If the tenant disagrees with the eviction request and they reply to the court, it’s important that you keep extremely good records of everything so you can provide proof to the judge and win your case. This part can make or break your entire eviction request in the event of a dispute.
You can stay organized by:
If the tenant doesn’t pay rent, and they dispute that claim, it’s important that you show the judge the following:
If you are evicting the tenant for lease violations, for example, noise complaints, unauthorized pets, or property damages, it’s important to show proof from any of the following methods:
