By Type
Pay or Quit – Sent to the tenant when rent is overdue.
Cure or Quit – Used by the landlord for lease violations.
Termination of Month-to-Month Tenancy (30-Day Notice) – Ends a month-to-month tenancy with proper notice.
Notice to Quit for Illegal Activity – Applies to unlawful conduct.
Eviction Laws
Wisconsin law distinguishes between first and second violations and between short-term and long-term leases.
- Rent Grace Period: No grace period unless the lease explicitly allows one.[1]
- Non-Payment of Rent:
- Lease Non-Compliance:
- Termination of Month-to-Month Tenancy: 28-day notice.[4]
- Eviction Lawsuit Type: Eviction Actions.[5]
The notice must clearly describe the violation and state whether the tenant has the right to fix the issue or must move out.
Prohibited Landlord Actions
- Utility Shutoff – Interrupting a tenant’s utility services to force them out is considered an illegal self-help eviction under Wisconsin law.[6]
- Changing the Locks – A landlord may not exclude a tenant from a dwelling unit unless acting under a valid court order.[6]
Engaging in these actions can expose a landlord to liability and jeopardize the eviction case.
How to Evict a Tenant in Wisconsin (Step-by-Step)
Step 1: Serve the Required Notice
The eviction process begins with a written notice. The landlord must keep proof of service, such as an affidavit or certified mail receipt. Common notices include:
- 5-Day Notice to Quit – Leases of one year or less (first violation)
- 14-Day Notice to Quit – Second violation
- 28-Day Notice to Quit – Month-to-month tenancy
- 30-Day Notice to Quit – Leases longer than one year
Step 2: File a Summons and Complaint
If the tenant does not comply, the landlord may file a Summons and Complaint (SC-500i) with the county small claims court. The landlord must also file:
Filing fees vary by county, including:
- Milwaukee County: $98, plus $78 per person for sheriff service.[7]
- Dane County: $94.50.[8]
- Waukesha County: $94.50 for claims under $10,000; $125.50 for claims over $10,000.[9]
Step 3: Serve the Tenant
The tenant must be served by a process server or sheriff at least five days before the court date. The tenant may defend themselves by filing an Answer and Counterclaim (SC-5200V).
Step 4: Obtain and Enforce the Court Order
If the landlord prevails, the court issues a Writ of Restitution. The landlord delivers the writ to the sheriff along with keys to the unit and authorization from a mover. The sheriff has 10 days from receipt to complete the eviction.
Court Forms & Resources
- Summons and Complaint (SC-500i) – Filed by the landlord to begin an eviction case and notify the tenant of the hearing.
- Declaration of Nonmilitary Service (GF-175) – Filed with the complaint to state whether the tenant is on active military duty.
- Answer and Counterclaim (SC-5200V) – Allows the tenant to respond to the eviction allegations.
- Affidavit of Service (SC-5100V) – Confirms that the tenant was properly served with court documents.
- Writ of Restitution (SC-512) – Issued if the landlord prevails, authorizing the sheriff to remove the tenant if necessary.