Updated December 13, 2022
A Wisconsin eviction notice is a form a landlord gives a tenant who has failed to follow the terms and conditions of a lease. The notice can either give the tenant a period of time to correct the issue or state that their rental contract has been terminated on specific grounds by the landlord. Wisconsin has a confusing array of laws, and the landlord and tenant should use the Eviction Notice Chart provided by the State to know their status.
By Type (4)
5-Day Notice to Quit (1st Violation for Leases of a Year or Less) – 1st violation for lease terms of a year or less. This is for nonpayment, noncompliance, or an unlawful activity violation.
Download: Adobe PDF
14-Day Notice to Quit (2nd Lease Violation)– 2nd notice for any type of lease violation. May only be served to the tenant when there have been two (2) separate violations within a twelve (12) month period. Only served when the rental agreement is to be terminated. The tenant will be required to move-out at the end of fourteen (14) days.
Download: Adobe PDF
28-Day Notice to Quit (Month-to-Month Tenancy) – Used when parties seek to end a month-to-month tenancy and have to provide notice of twenty-eight (28) days to the other party.
Download: Adobe PDF
30-Day Notice to Quit (1st Violation for Leases for More than a Year) – 1st violation of a lease that has a term of a year or more.
Download: Adobe PDF
Table of Contents |
Eviction Laws
- Rent Grace Period: No grace period unless explicitly permitted in the rental agreement. 134.09(8)
- Non-Payment of Rent: 5 days for 1st violation with option to remedy, 14 days for 2nd violation without option to remedy. § 704.17(2)(a) & 704.17(2)(b)
- Non-Compliance: 5 days for 1st violation with option to remedy, 14 days for 2nd violation without option to remedy. § 704.17(2)(a) & 704.17(2)(b)
- Termination (Month-to-Month Lease): 28 days. § 704.19(3)
- Eviction Lawsuit: Eviction Actions. § 799.44
Court Forms
Summons and Complaint (SC-500i) – Completed by the landlord and filed with the small claims court when pursuing a court order for the eviction of a tenant. A copy will be served on the tenant to inform them of the upcoming eviction hearing.
Declaration of Nonmilitary Service (GF-175) – Filed by the landlord, alongside the eviction complaint, to affirm whether a tenant is or is not on active military duty.
Answer and Counterclaim (SC-5200V) – Tenants served with eviction paperwork may respond to the allegations by filing this document with the court. A copy must also be delivered to the landlord.
Affidavit of Service (SC-5100V) – A form used to affirm the proper service of a Summons and Complaint upon a tenant.
Writ of Restitution (SC-512) – Issued by the court after an eviction lawsuit has been settled in favor of the landlord. This form authorizes the sheriff to remove the tenant from the premises using force if necessary.
When is Rent Late?
Rent is due on the date that is specified in the lease agreement between the landlord and tenant. The renter has five (5) days to pay after the landlord provides notice before the landlord may continue in court.
How to Evict (Process)
Step 1 – The first step to evicting a tenant is to provide requisite notice that the tenant is violating the terms of the lease, either through non-payment of rent or for some other violation. The notice must be properly served with evidence of the service, such as an affidavit or certified mail receipt. There are several forms of notice in Wisconsin depending on the circumstances:
- 5-Day Notice to Quit (Leases of a Year or Less)
- 14-Day Notice to Quit (2nd Violation)
- 28-Day Notice to Quit (Month to Month Tenancy)
- 30-Day Notice to Quit (Leases for More than a Year)
Step 2 – If the tenant does not respond either by vacating the premises or by rectifying the situation (if that is an option), the landlord may proceed to the Small Claims Court in the county in which the property is located and file a Summons and Complaint.
- You will have to complete a Non-Military Service Affidavit and Affidavit of Service of Notice. You will need five (5) copies.
Step 3 – The court will keep the original and you will have to deliver the packet to a process server to serve on the tenant. The tenant must be served at least five (5) days before the court date and has the right to defend themselves by filing the Answer and Counterclaim.
Step 4 – If the landlord prevails, the court will issue an order for a Writ of Restitution. The landlord will bring this order to the sheriff along with a set of keys to the property and a letter of authority from a mover. The sheriff will have ten (10) days from receiving the order to evict the tenant.
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How to Write (Notice to Quit)
1 – Ready the Paperwork
You will need at least two documents: a blank copy of the “Wisconsin Notice To Quit” and the Lease Agreement it addresses. You may download the Notice immediately using the buttons labeled “PDF,” “ODT,” and “Word.”
2 – Register Name of Addressee
The complete Name of each person who is to act as a result of this Notice should be recorded on the first blank line of this page.
3 – Provide Facts On Lease
The first area will solidify which Rented Property this document applies itself to. The City, County, Zip Code, Building Number/Street, and Unit Number of the Leased Property this Notice applies to must be accurately supplied in the opening statement (beginning with “The premises…”). There will be several empty spaces provided for this purpose.
The Calendar Date when this document was Signed must be presented in the next statement (look for the term “In accordance…”). Fill in the Calendar Day, Month, and Year (documented on the Lease) as the Signature Date into the blank spaces provided.
4 – Specify the Notice
The following statements in this document will each describe Notice Terms. Each of these Notice Terms will have a corresponding check box. Select the statement you wish to issue to the Addressee or intended Recipient of this document.
Select “Nonpayment (Tenancy Of A Year Or Less)” to give a Tenant who has not paid his or her Rent Five Days to submit a Payment or evacuate the Leased Property and relinquish possession. This statement will require you to designate and report an Authorized Agent who may accept the delinquent Tenant’s payment on the first blank line. Following this, report the full sum the Tenant owes, the required Payment to be allowed to stay, and the Time Period being paid for with the required Payment.
Select “Noncompliance (Tenancy Of A Year Or Less)” to notify a Tenant that a Lease Violation must be mended within Five Days or the Landlord shall expect the violating Tenant to return the Leased Property. This sentence will have a blank line requiring the exact violation to be documented.
Select “Noncompliance/Nonpayment (Tenancy of More Than A Year)” to notify a Tenant that he or she must turn over the Rented Property within Fourteen Days for violating the Lease Terms for a second time in Twelve Months.” This violation must be fully described on the blank line provided.
Select the check box associated with “Illegal Activity” to inform a Tenant that he or she has Five Days to deliver possession of the Rented Property to the Landlord/Agent due to observed Illegal Activity. A description of this activity must be reported on the blank line in this sentence.
The check box associated with the statement “Month To Month Tenancy – I am your Landlord” should be marked, if the purpose of this form is to notify a Tenant that his or her Monthly Lease shall terminate on the Date you enter in this statement. The Date you report here must be at least Twenty-Eight Days after the next Rent Payment is due from the Tenant.
The check box associated with the statement “Month To Month Tenancy – I am your Tenant” should be marked if the purpose of this form is to notify a Landlord that his or her Monthly Lease will terminate on the Date listed here. The Tenant may name any Date they wish as the Termination Date so long as it is at least Twenty-Eight Days from next Date when the Tenant must pay Rent.
5 – Statement By Landlord
The paragraph that begins with the words “You Are Further Notified…” will have a Signature Line which must be Signed by the Landlord/Agent issuing this Notice. Note: This line should not be Signed if a Tenant is issuing this Notice.
6 – Establishing Delivery
The next area, “Certificate of Service,” may only be completed and Signed by the individual who charged with serving this paperwork to the Recipient. The first statement will provide a report on the Date this form was delivered as well as the individual who accepted it.
The check boxes below this initial statement will each contain a Delivery Result. That is, whether the documents were delivered directly to the intended Recipient, to another party, or mailed (using First Class Mail). This may be indicated at the time of Delivery by marking the appropriate check box. The required Signature Line will be at the end of this section.
