The Wisconsin five (5) day notice to comply or quit, in reference to § 704.17, is a letter sent by the landlord if the tenant is in noncompliance with their lease (not for nonpayment) and they have been on the premises for less than one (1) year. If the tenant does not fix the issue stated in the noncompliance then they will be required to move-out or face a legal case (eviction) by the landlord. Download/Print Link: Note: Clicking the link will not redirect you from this page – a new browser tab/window will open. .PDF How to Write Step 1
Wisconsin Eviction Process & Laws | Free WI Eviction Notices
The Wisconsin thirty (30) day notice to quit, under Statute 704.17(3)(a), is a letter that may ONLY be sent to a tenant that holds a lease with a period of more than one (1) year. The form represents that the tenant has not paid their rent in full or that they committed a material noncompliance. The tenant has the option of curing the issue and bringing their agreement back to being valid. If a second (2nd) violation occurs of the same offense in a twelve (12) month period the landlord has the right to ask the tenant to leave the
The Wisconsin twenty eight (28) day notice to terminate, under the laws of Statute 704.19(3), is the notice that must be used to terminate a month-to-month tenancy. It can be used by the landlord to inform the tenant, or vice versa. The notice provides the tenant with 28 days to vacate the rental property. At the end of the 28 day period, the lease agreement will be terminated. If the tenant does not move out within the 28 day period, the landlord can file an eviction lawsuit in small claims court. Download Links: .PDF Word How to Write Step 1
The Wisconsin fourteen (14) day notice to quit, valid via 704.17(2)(b), allows a landlord to elect having the tenant move off the property due to a second (2nd) violation in the last year. The tenant has no grounds to fight the accusation other than giving their testimony in the court of law after an eviction is filed. This notice allows the tenant to gather their belongings and move-out without any legal or financial liability after the notice period. How to Write Step 1 – Download the form in .PDF format and then print it out. Note: Link opens in a separate tab/window.
The Wisconsin five (5) day notice to pay or quit, with the laws of Statute 704.17(2), is ONLY valid for leases of one (1) year or less for nonpayment or noncompliance with the rental agreement by the tenant. This notice is to be served by the landlord either personally or through certified mail while keeping the return receipt for documentation. If the tenant decides not to either pay all that is due to the landlord as well as not move-out of the property, an eviction suit may be filed against the tenant. How to Write Step 1 – Download the notice.
How to Evict a Tenant (Process)
The only legal way for a landlord to evict a tenant in the State of Wisconsin is to obtain a court order (self-help evictions are illegal). An eviction begins with the landlord serving the tenant with the proper notice to quit. The three main types of notices are the five (5) day notice to pay/cure/quit, the 14 day notice to to quit (for noncompliance), and the 28 day notice to vacate (for month-to-month tenancies). The notice cannot be given verbally to the tenant, it is required to be in writing.
Step 1 – The landlord must serve an eviction notice on the tenant. There are four acceptable forms of service; personal delivery, certified mail, posting, or the Sheriff’s Office.
Note: If the landlord wants the Sheriff to serve the notice, the fee is typically $30-40.
Step 2 – After the tenant has been served the notice and has failed to take action (i.e. have not paid rent, cured the violation, or moved out) the next step is for the landlord to file an eviction action. There are four forms that must be filled out: the summons, complaint, affidavit of service(for the notice), and an affidavit of non-military service. The filing fee is usually around $90. After the papers have been filed the court will issue a hearing date/case number.
Note: Five copies of each form will be required during the filing process. Wisconsin evictions are usually handled in the Small Claims Court of the county where the rental property is located.
Step 3 – The summons/complaint must be served on the tenant. The service must be completed by somebody who is a third party of the action (i.e. not the landlord). Private process servers or the Sheriff are usually used to serve the court papers (the service fee is typically anywhere from $20 to $50 for the private process server, and around $35 per service attempt for the Sheriff). After the service has been completed, the person who served the papers must complete an affidavit of service form. This form must be kept by the landlord.
Step 4 – Both the landlord and the tenant must show up in court on the hearing date. If the court rules in favor of the landlord, a “Writ of Restitution” will be issued If the tenant wins the case, the lawsuit will be dismissed. After the landlord has been issued the writ of restitution, they must go to the Sheriff’s Office to give them the order/writ.
Note: The landlord may be required to obtain a “letter of authority.” The letter must be from a bonded moving/storage company (to store the tenant’s belongings).
Step 5 – The Sheriff will serve the tenant with an eviction notice (usually by mail). The Sheriff must perform the eviction no more than 10 days from the date that the order/writ was filed with the Sheriff’s Office.
Note: On the date of the eviction the Sheriff will contact the landlord. If the tenant moves out before the scheduled eviction, the landlord must inform the Sheriff’s Office of the cancellation.