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Table of Contents: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.
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.
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.
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.
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.
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:
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.
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:
When you prepare your own Wisconsin eviction notice, it can be hard to have a clear idea of what the final document will look like. If you need a little extra guidance on how your legal document will appear, simply review our eviction notice sample below.
There are several other legal documents that can be useful for landlords or when managing real estate. If you are currently renting out a home, or plan to do so in the future, use the following documents below to ensure your property is properly looked after:
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.
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.
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 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.
You are only a few steps away from your own Wisconsin Eviction Notice!
Download our professional examplesNOTICE TO PAY RENT OR VACATE
_________
_________
_________
_________, Wisconsin _________
TO TENANT(S), ALL OTHER RESIDENTS AND UNNAMED OCCUPANTS OF THE PREMISES LOCATED AT:
_________, _________, Wisconsin _________
PLEASE TAKE NOTICE that pursuant to the lease and/or rental agreement dated _________, you are justly indebted to the owner or landlord of the herein described premises and that notice is hereby given that it is now due, unpaid, and delinquent rent in the total sum of $_________, representing rent due for the period from _________ to _________.
WITHIN FIVE (5) days after service on you of this notice, you are hereby required to pay the amount of the above-stated rent in full OR vacate the subject premises and relinquish possession to the owner or landlord _________ or his/her authorized agent. PLEASE TAKE FURTHER NOTICE that if you do not pay the rent in full OR vacate the premises WITHIN FIVE (5) days as required by this notice, the undersigned does hereby elect to declare the forfeiture of your lease deposit and/or rental agreement. In addition, the owner or landlord will institute legal proceedings against you to recover rent, damages, and possession of said premises.
THIS IS A FIVE (5) DAY LEGAL NOTICE IN COMPLIANCE WITH WISCONSIN STATUTE § 704.17(2)(a), UNDER WHICH A TENANT WITH A LEASE OF A YEAR OR LESS CAN BE EVICTED BY HIS LANDLORD, AT LEAST 5 DAYS AFTER REQUIRING SUCH TENANT TO PAY THE RENT BY THE GIVING OF THE NOTICE.
THE LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF WISCONSIN INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR PROPERTY AND NOTHING IN THIS NOTICE WILL BE CONSTRUED AS A WAIVER OF SUCH RIGHTS AND REMEDIES.
By: ______________________________
_________
_________, _________, _________ _________
_________
I, the undersigned, declare under penalty of perjury that I served the above notice, of which this is a true copy, on the following tenant(s) in possession in the manner(s) indicated below:
- On _____________, By giving a copy of the notice personally to the tenant or by leaving a copy at the tenant's usual place of abode in the presence of some competent member of the tenant's family at least 14 years of age, who is informed of the contents of the notice.
- On _____________, By leaving a copy with any competent person apparently in charge of the rented premises or occupying the premises or a part thereof, and by mailing a copy by regular or other mail to the tenant's last-known address.
- On _____________, After attempting service in both manners indicated above, by affixing a copy of the notice in a conspicuous place on the rented premises where it can be conveniently read and by mailing a copy by regular or other mail to the tenant's last-known address.
- On _____________, By mailing a copy of the notice by registered or certified mail to the tenant at the tenant's last-known address.
Executed on ____________________
Served by ______________________
