Posted in Blog  
  on Jul 15, 2015

What Is the Eviction Process in Wisconsin

The State of Wisconsin is unique in the fact that is has several different ways for a landlord to evict a tenant. Landlords must follow each process in a precise manner for the eviction to be successfully heard before a judge if it reaches that point. Here is a look at the eviction process in Wisconsin.

The 5 Day Notice to Pay or Quit

This notice can only be given when there has been a failure to pay rent on time or a specific lease violation has occurred. Wisconsin allows tenants to take reasonable steps to correct a situation if a lease violation has occurred to have the notice expire. The 5 day notice has no cure if law enforcement informs a landlord that illegal activities are occurring on the property.

The 14 Day Notice to Quit

If the 5 day notice to quit has expired without an effort at payment or rectifying a lease violation, then landlords may issue a 14 day notice to quit. This notice does not allow for a tenant to resolve the situation. It can only be issued to tenants who have occupied a property for less than one year or if the lease violations are repetitive. Month-to-month and week-to-week tenants may also be given this notice.

The 28 Day Notice to Quit

This is also referred to as the “Non-renewal notice” in Wisconsin. It is given to month-to-month tenants to inform them that they will not have their lease extended for another month. The tenant is given a specific day which they must vacate the premises.

The 30 Day Notice to Quit

If a tenant has overdue rent and they've been in a lease for over 1 year, then this is the notice that must be delivered after the 5 day notice has not been rectified. This notice also applies to lease violations that occur in tenancies that are 1 year or longer.

All letters can be served personally by the landlord. Someone as young as 14 can accept the letter on behalf of a household. Posting the letter on the front door or another conspicuous spot is also allowed. A refusal to respond to the letters allows a landlord to file a legal complaint with Wisconsin's small claims court. A summons will be issued and an initial hearing set. Tenants who fail to appear at the initial hearing will have a default judgment issued and an order of possession issued. Otherwise a trial will be held to hear the decision. The order of possession gives a tenant 10 days to vacate. The sheriff may also post a 24 hour warning notice. Although the eviction process in Wisconsin is extended compared to other states, the process is very thorough and makes sure the right decision is made in each situation.


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