Outline of the Eviction Process in Wisconsin

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized pets, property damage).
  • Illegal activity (e.g., drug-related conduct, violent crime).
  • End of lease term (fixed-term or month-to-month).
  • Holdover tenancy (tenant remains after lease expires).
  • No-fault eviction (e.g., landlord wants to sell or occupy).
• Laws: Wis. Stat. § 704.01 to § 704.95 (Landlord and Tenant); § 799.40 to § 799.45 (Eviction Actions).

2. Notice to Quit

• Written notice served:
  • Non-payment: 5-day notice to pay or vacate (14-day for month-to-month with cure).
  • Lease violation: 14-day notice to cure or vacate (if curable); 5-day for non-curable or repeat violations.
  • Month-to-month: 28-day notice to terminate.
  • No-fault/end of lease: 28-day notice.
  • Illegal activity or holdover: 5-day notice to vacate (no cure).
• Delivery: Hand-delivered, mailed (certified mail), or posted with mailed copy.
• Tenant can cure by paying rent (within 5/14 days) or fixing violation (within 14 days).

3. Filing the Eviction Case

• File Summons and Complaint for Eviction (Form SC-500) in Circuit Court (Small Claims).
• Documents: Summons, complaint, Notice to Quit, lease, proof of service, non-military affidavit.
• Fee: ~$94.50–$114.50 (varies by county).
• Timing: After notice period expires (e.g., 6th day for 5-day notice).

4. Serving the Summons and Complaint

• Sheriff, process server, or disinterested person serves papers 5 days before hearing.
• Methods: Personal delivery, substituted service (resident over 14), or mailed (certified mail).
• Tenant must appear at hearing; no written Answer required.

5. Court Hearing

• Held 10–30 days after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, retaliation).
• Outcomes: Eviction granted, case dismissed, or agreement (rare).

6. Judgment and Execution

• Writ of Restitution if landlord wins (5–10 days to vacate).
• Appeal: 10 days to Court of Appeals (requires bond).
• Writ issued: ~5–10 days post-judgment; sheriff serves 24-hour notice to vacate.

7. Physical Eviction

• Sheriff removes tenant; no mandatory storage (property may be placed on street or stored at landlord’s discretion).
• Tenant may reclaim stored property by paying costs.
• Law: Wis. Stat. § 799.45.

8. Tenant Protections

• Rights:
  • Cure violations (5/14 days for rent, 14 days for lease issues), defenses (retaliation, discrimination, habitability).
  • No self-help evictions (landlord penalties up to 2 months’ rent or twice damages).
• Resources:
  • Legal Action of Wisconsin (800-362-3904), legalactionwi.org, wicourts.gov.

Notes

• Disclaimer: General guide; consult a lawyer. County variations may apply.
• Sources: Wis. Stat. § 704.01 to § 704.95, § 799.40 to § 799.45; wicourts.gov; legalactionwi.org.

Eviction Process by State