🧀 Wisconsin Eviction Notice Laws

Complete Landlord Guide to Wisconsin Eviction Requirements

📋 Updated for • Wis. Stat. Ch. 704

Last reviewed: January

✅ Wisconsin Has Clear, Structured Notice Requirements

Wisconsin provides specific notice periods based on the type of tenancy and reason for eviction. A 5-day notice for non-payment and efficient Small Claims Court procedures make Wisconsin relatively straightforward for landlords. This guide covers requirements.

⏰
Non-Payment Notice
5 Days
📅
Month-to-Month
28 Days
💰
Security Deposit Max
No Limit

📝 Wisconsin Eviction Notice Types

💵

5-Day Notice to Pay or Vacate

Wis. Stat. § 704.17(2)

⏰ 5 Days

For non-payment of rent, Wisconsin requires a 5-day notice to pay or vacate. This is one of the shorter notice periods in the country.

If the tenant pays all rent owed within 5 days, you cannot proceed with eviction.

📄 Get Free 5-Day Notice Form
🔧

14-Day Notice (Lease Violation)

Wis. Stat. § 704.17(2)(b)

⏰ 14 Days

For lease violations other than non-payment, Wisconsin requires a 14-day notice to cure or vacate for month-to-month tenancies.

For year-to-year or longer leases, a 30-day notice is required.

📄 Get Free Lease Violation Notice
📅

28-Day Notice (Month-to-Month)

Wis. Stat. § 704.19

📆 28 Days

To terminate a month-to-month tenancy without cause, Wisconsin requires 28 days’ notice ending on the last day of the rental period.

📄 Get Free Notice Form
🚫

5-Day Unconditional Notice

Wis. Stat. § 704.17(2)(a)

⏰ 5 Days

For serious violations with no right to cure:

  • 🔴 Drug-related criminal activity
  • 🔴 Substantial damage to property
  • 🔴 Repeated violations after prior notice

⚖️ Wisconsin Small Claims Eviction Process

1

Notice Period Expires

Wait until the full notice period has passed.

2

File Summons and Complaint

File in Small Claims Court. Filing fees are approximately $95.

3

Service on Tenant

Serve at least 5 days before the return date.

4

Court Hearing

Typically scheduled within 5-25 days of filing.

5

Judgment

If you win, the court enters judgment for possession.

6

Writ of Restitution

Request a writ. Sheriff executes typically within 1-2 weeks.

⏱️ Wisconsin Eviction Timeline

StageTimelineNotes
📝 Notice5-28 days5 days non-payment
📋 File complaint1-2 daysAfter notice expires
📬 Service5+ daysBefore return date
⚖️ Hearing5-25 daysFrom filing
🚔 Sheriff eviction7-14 daysAfter writ

Total Timeline: Wisconsin evictions typically take 3-6 weeks for uncontested cases.

💰 Wisconsin Security Deposit Rules

  • Maximum Amount: No statutory limit
  • Interest: Not required
  • Return Timeline: 21 days after tenant vacates
  • Itemized Statement: Required
📄 Get Free Security Deposit Form

❓ Wisconsin Eviction FAQ

📌 How long does a Wisconsin eviction take?
Wisconsin evictions typically take 3-6 weeks from notice to physical eviction for uncontested cases.
📌 Why is the notice 28 days instead of 30?
Wisconsin uses 28 days to ensure exactly 4 weeks’ notice, making it easier to calculate the termination date.

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📚 Related Wisconsin Landlord Resources

📑

WI Lease Agreement

State-compliant lease
💰

Deposit Laws

State-by-state guide
📊

Eviction Costs

State comparison

⚖️ Legal Disclaimer

This guide provides general information about Wisconsin eviction laws. Wisconsin landlord-tenant law is governed by Wis. Stat. Chapter 704 and may be amended. Consult a qualified attorney before proceeding.