The importance of the legal framework presiding over eviction notices in the State of Wisconsin can not be downplayed. The framework showcases the legal process of removing a tenant from a rental unit by the landlord.
Under Wisconsin law, a landlord can not unilaterally dismiss a tenant from his property. This can only be done through a judge’s order, and this legal process usually begins with a notice served on the tenant to either fix the problem (violation) or vacate the rented premises.
The eviction laws in Wisconsin aim to address legal concerns and provide a fair and balanced environment for both landlords and tenants.
This is why both parties need to understand these laws in order to protect their interest, ensure compliance with the law, and foster a fair and positive tenancy relationship.
Additionally, the purpose of this article is to highlight the different types of eviction notices and the associated legal processes in Wisconsin. So, without much further ado, let’s get into it.
Eviction Laws in the State of Wisconsin
The primary eviction law in Wisconsin is the Wisconsin Statute. It provides for landlord-tenant relationships and fosters a favorable environment for both parties.
One of the key elements of this law is the Wisconsin Statute § 704.17, This section covers the notice process that every tenant is entitled to, whenever there’s a breach of the lease agreement or failure to pay rent due.
Under Wisconsin laws, landlords are not allowed to drive tenants out of the rented property unless proper legal process has been undertaken.
They are not allowed to change the locks of the property, possess the tenant’s personal property, or throw their stuff out, without a court order.
Even when the tenancy agreement expires, the landlord still needs to go through the proper eviction process to properly evict a tenant. Under Wisconsin Statute § 704.19, the eviction process applies to periodic tenancies and tenancy at will.
The notice must be in writing, formally or informally, and must include the date of termination.
Also, where an incorrect rent amount is put in the notice, it is valid regardless. Except where the landlord intentionally inputs the wrong amount or where the tenant believes the amount to be true.
Wisconsin Statute §799.40 provides that the civil action of eviction may be commenced by the landlord or his authorized agent, in writing.
Wisconsin Administrative Code ATCP § 134.09(8) also provides that landlords can only charge a late rent fee or penalty where it is provided in the rental agreement. They cannot also charge an additional fee or penalty for non-payment of a late rent fee.
In addition, the laws have provided for prevention and diversion programs. It assists landlords and tenants in reaching an amicable resolution without recourse to court. This not only prevents unnecessary evictions but also fosters a positive relationship between both parties.
The purpose of the eviction notice in Wisconsin is to ensure that the rights and interests of both parties are safeguarded and to enhance tenant protection.
Types of Rental Agreements in Wisconsin
There are different types of rental agreements available in Wisconsin. These are;
- Standard Residential Lease Agreement
This is a contractual agreement between the landlord and the tenant. The agreement outlines the terms of renting the property. Examples of these outlined terms are the duration of the lease, rent amount, security deposits, utilities fees, obligations of both parties, etc.
- Month-to-Month Lease
This is a rental agreement that typically lasts for one month, and automatically renews itself unless either parties provide notice of termination as stipulated under the laws. This arrangement offers minimal commitment and flexibility, as the landlord can adjust the rental terms or terminate the agreement with ample notice.
- Sublease Agreement
This is a contractual agreement between the tenant (original tenant) and the sublease tenant. It allows the sublease tenant to rent all or part of the rented property from the original tenant. This is usually done with the consent of the landlord. Owing to the sublease agreement, this grants the sublease tenant certain rights and obligations on the sublet property.
- Roommate Agreement
This is a cordial arrangement between parties living in a shared space. This arrangement helps to foster a harmonious and healthy living environment. It typically involves rules or guidelines on the expected responsibilities and obligations of the parties. Examples are; rent payment, division of labor, use of common areas, house rules, etc.
- Commercial Leases
This is a rental agreement between a landlord and a business tenant, in respect of a commercial property. Examples are retail spaces, industrial facilities, offices, etc. A commercial lease agreement usually involves terms of rent payment, property modification, lease duration, maintenance responsibilities, and other business-related considerations. Its complexity is what sets it apart from residential lease agreements.
- Rent-to-Own Agreement
This is also known as a lease-option or lease-to-own agreement. A rent-to-own agreement is a contractual agreement that provides an opportunity for a tenant to buy the property they are renting after a specified period. During the lease period, a portion of the rent may be set aside as a down payment for the property purchase. As such, a tenant has the right to live in the property while also having the option to purchase at a later date at a predetermined price.
- Association of Realtors Lease
This is a lease agreement typically created by a local association of realtors. It ensures compliance with local laws and regulations, while also addressing the specific circumstances of the real estate market in the locality. These lease agreements are typically created to safeguard the interest of the landlord and tenants, by providing unambiguous and comprehensive terms.
Grounds for Eviction
There are only a few grounds on which a landlord can evict a legal tenant in Wisconsin. These are;
- Failure to pay rent:
A tenant fails to pay his rent where the amount of rent due falls in arrears or where there’s non-payment of the late rent fee. In this case, the landlord is allowed under Wisconsin law to serve an eviction notice.
- Violation of Lease Terms:
Lease agreements contain terms that may vary from party to party. Some of these leases may limit activities such as smoking, keeping pets, minimum number of people in the rental unit, loud music, etc.
As such, violation of these terms of the agreement may lead to termination of the landlord-tenant relationship, except where the tenant takes reasonable steps or a reasonable offer, in case of damages, to ‘fix’ the violation. The notice requirement would depend on the term violated.
However, in the case of a month-to-month, week-to-week, lease of a year or less than a year, and year-to-year lease, a 5-day notice to comply is required. But where the tenant commits the same violation or some other violation within the same year of receiving such notice, a 14-day notice of eviction may be served on the tenant.
Whereas, for leases of over a year, a 30-day notice to comply is required, and during such a period, the tenant must take reasonable steps or offer to fix the violation or vacate the premises.
- Illegal Activity
Where a tenant engages in illegal activity within the rented premises, the landlord can serve a 5-day eviction notice in Wisconsin. Examples where a tenant would be deemed to have committed illegal activity are;
- Where the tenant engages in manufacturing, delivering, and sale of controlled substances, or constitutes a ‘drug nuisance’ in the rental unit.
- Where the tenant engages in drug-related criminal activity on or near the premises. However, this does not apply where the tenant possesses drugs prescribed by a doctor for a disabled person – Wis. Stat.§ 704.17(3m)(a)(2).
- Imminent Threat
A landlord can issue a 5-day eviction notice in Wisconsin to a tenant without the opportunity to remedy the default, where he or she poses a threat. Under Wis. Stat. § 704.17(3m)(b), this could be;
- Where the tenant poses an imminent threat or injury to other tenants on the premises.
- Where the tenant engages in criminal activity that threatens the health and safety of persons living near the premises, or the landlord, or his agent or employee.
- Where the tenant threatens the right of peaceful enjoyment of other tenants or persons living near the premises.
- Holdover Tenancy
Under Wis. Stat § 705.25 (1), if a tenant remains in the rented property after the expiration of the lease, the landlord can exercise any means or manner permitted by law to remove the tenant or recover damages for holding over.
Types of Eviction Notices in Wisconsin
An eviction notice is a legal document served on the tenant by the landlord, informing the tenant to vacate the rented property due to a default. The default could be the nonpayment of rent or rent fee, violation of a lease term, or other breaches of the lease agreement.
There are various types of eviction notices in Wisconsin. These eviction notices typically outline the specific reasons for the eviction, the time frame for compliance, and other details.
Landlords and tenants need to understand the varying types of eviction notices in Wisconsin. Mainly because it’s a legal process, which if not properly followed, could lead to legal complications for the party, particularly the landlord.
Eviction Notices with Cause
It’s a trite law in Wisconsin that a landlord needs to have a proper cause to evict a tenant. Based on these causes, there are various types of eviction notices attached to it. These eviction notices further have varying timelines, and these are;
- 5-Day Notice to Pay or Quit
For a monthly or weekly tenancy, where a tenant defaults in paying the rent when due or owes a late rent fee, the landlord can issue a 5-day Notice to Pay or Quit.
However, the tenant has the opportunity to resolve this issue by paying the defaulted fee or working out a payment agreement with the landlord within five days (not counting the day the notice was served).
Additionally, for year-to-year tenancies or leases for one year or less, if a tenant fails to pay any installment of rent due, the landlord may serve a 5-day eviction notice to the tenant to either pay or vacate the premises. Such a tenant may be allowed to remain in the rental unit where he makes the payment within five days.
However, where a tenant fails to pay the money owed or fails to work a payment plan with the landlord, the tenancy relationship is terminated. In this case, the tenant would vacate the premises on the order of the court.
But where payment is made, fully or partially, it’s advisable to keep all the records of it, and make copies. And where the landlord agrees to a payment plan, it’s best to confirm it in writing. These would serve as a piece of important evidence against the eviction notice.
Also, under Wisconsin. Stat. 799.40(1m), where the landlord serves an eviction notice, the action is not necessarily dismissed for the reason that the tenant has paid the rent due. The tenant can still be dismissed, however, this may be for money owed other than rent.
- 5-Day Notice to Cure or Vacate
Where a tenant breaches a lease term, other than the failure to pay rent due, the landlord can issue a 5-day eviction notice under Wisconsin laws.
In this case, the tenant can either vacate the premises or take reasonable steps to remedy the breach, or if it involves damages, then he must make a reasonable offer to remedy it.
However, this applies to monthly tenancies, as well as tenancies of one year or less and year-to-year tenancies.
- 30-Day Notice to Pay or Quit
This type of eviction process in Wisconsin applies to tenancies for leases of more than a year. Where a tenant fails to pay rent, commits waste, or breaches a lease agreement, the landlord may serve a 30-day notice to vacate the rented property.
However, the tenant needs not to vacate the premises where he has fixed the default.
In such circumstances, he must have paid the rent due, repaired wastes, taken reasonable steps to remedy the default, or in the case of damages, made a reasonable offer to remedy the default, within 30 days.
- 14-Day Notice to Quit
Under Wisconsin law, a 14-day notice to vacate is issued where there are repeated lease violations. This relates to weekly and monthly tenancies, as well as tenancies of one year or less and year-to-year tenancies.
Where the tenant within one year of receiving the 5-day eviction notice (as explained above), commits the same offense or breaches another lease term, the landlord can issue a 14-day notice against the tenant to vacate the premises.
In this case, there’s no option to cure. Landlords usually issue this 14-day notice to tenants who have previously received the curable 5-day notice. So where’s repeated offense, it’s not necessary to issue a 5-day eviction notice again.
- 5-Day Notice for Illegal Activity or Imminent Harm
Under Wisconsin laws, a 5-day eviction notice with no right to cure is issued where:
- Where the landlord receives a notice from a law enforcement agency or office of the district attorney that the tenant commits a ‘nuisance’ in the rental premise. However, the landlord would have to prove such a nuisance on the greater preponderance of evidence.
- Where the tenant or anyone in the tenant’s household, or an invitee or guest engages in a suspected criminal activity or drug-related activity which;
- Endangers other tenants, people living near the premise, the landlord, or his employee or agent.
- Threatens the right to peaceful enjoyment of other tenants or people living near the rented property.
- Engages in manufacturing, delivery, and sale of controlled substances, aside from drugs prescribed for disabled persons. In this case, the drug prescribed is in the hands of the disabled person himself or his caregiver.
The person committing the alleged criminal activity or drug-related activity doesn’t need to have previously been arrested or convicted of the same offense.
Eviction Notices without Cause
Under Wisconsin eviction laws, a landlord must have the proper cause (reason), justifiable under the law, before a legal tenant can be evicted.
Where the landlord fails to follow the eviction process, he may be unable to evict such tenant from his property.
However, the only instance where a tenant can evict a tenant without cause is when the lease agreement has expired. In such a case, the tenant is holding over by remaining on the property.
Typically, the eviction process may begin immediately, and the landlord can employ any lawful means to evict the tenant.
However, where the landlord subsequently accepts the rent payment after the expiration, proper notice with cause is then a requirement.
Eviction Process in Wisconsin
The eviction process in Winsconsin may take the following steps;
Issuance of Eviction Notice
The first step to take when undergoing an eviction process in Wisconsin is to serve the tenant an eviction notice. The notice should clearly state the reasons for the eviction, whether nonpayment of rent, lease violation, or other justifiable reasons.
Where the tenant fails to comply with the notice before the date specified elapses, or where the notice can not be fixed, the landlord can continue the eviction process.
According to Wis. Stat § 704.21, a copy of the notice can be given by a landlord or his authorized agent in the following ways;
- To the tenant personally or to be left in his usual place of abode in the presence of some competent family members who are aware of the content of the notice.
- To a competent person occupying the tenant’s premises and mailing it to the tenant’s last known address.
- By leaving the notice in a conspicuous place on the rented premises and mailing it to the tenant’s last known address.
- By mailing it to a certified or registered mail address.
- The server can publish the Summons and Complaint in the local newspaper.
Landlords need to keep a copy of the notice as proof of service. Therefore, it’s better to send a copy of it to the tenant rather than the original.
Filing an Eviction Lawsuit
The first step to filing an eviction lawsuit is to proceed to a small claims court or the equal rights division to which the rental property belongs.
The landlord should request the necessary forms, and fill them out properly. These forms usually cost from $94.50 to $114.50, depending on the mode of filing.
Serving the Eviction Notice and Summons
After filing the eviction order to the court, the tenant should receive the Summons and Complaint from a sheriff’s deputy or a civil process server. This service can also be done via mail – Wis. Stats. 799.12(2) & (3).
The tenant usually receives it at least 5 days before the initial eviction hearing.
The initial eviction hearing is mostly fixed within 25 days after the landlord has made the complaint. Where the suit is unresolved in the first hearing, it takes another 30 days to make a decision.
Tenants are not required to file an answer to the Summons and Complaint, they are mainly required to appear in court when due.
The tenants must make an appearance in the hearing, or the court may enter a default judgment based on the landlord’s argument and evidence.
Court Hearing and Judgment
The onus of proof lies on the landlord to prove his ground of eviction. He may use various forms of documents to support his claim.
Examples are; a copy of the deed or lease agreement, rent payment receipts, rent ledger, bank statement, pictures or videos of violations, etc. He can also employ the use of witnesses and recordings for this purpose.
On the other hand, the tenant would also present evidence to rebut the claims of the landlord to win the case. He may also employ the use of documents, witnesses, pictures, etc.
The judge is to evaluate both sides based on the credibility, as well as the relevance of the evidence presented and arguments.
Where the court finds favor in the argument of the tenant, the case will be dismissed. As such, the tenant would remain in the rented premises until the tenancy expires.
The court can also issue a conditional ruling. Therefore, allowing the tenant to remedy the cause, e.g. pay the rent, fix the damage, etc.
But where the court rules in favor of the landlord, a writ of restitution will be issued.
Tenant Defenses
Under Wisconsin law, the tenant can rely on the following defenses to rebut the eviction notice issued by the landlord in court.
- Self-Help Eviction: Where the landlord resorts to self-help methods such as changing locks, turning off utilities, forcing the tenant out, etc., without a court order, this can be raised as a defense.
- Improper Notice: The landlord is required under Wisconsin law to give a proper eviction notice depending on the cause. Where the wrong notice is served or improperly done, it could be used as a defense.
- Retaliatory Eviction: It is illegal for the landlord to evict the tenant in retaliation for the exercise of their rights. For example; joining a tenant union, reporting housing violations, etc.
- Failure to Maintain Premises: The tenant can raise the defense that the landlord has failed to fulfill his responsibility of maintaining the rented property. For example, where the premise is pest infested, has damaged electricity, plumbing issues, etc.
- Full Payment of Rent: If the landlord issues an eviction notice based on nonpayment of rent or late rent fee, the tenant can rebut this claim with evidence that he or she has made full payment of the fee.
- Discrimination: It is unlawful for the landlord to issue an eviction notice based on the tenant’s race, religion, sex, nationality, family status, or disability.
Issuing a Writ of Restitution
A writ of restitution is a court order informing the tenant to vacate the rented premises within a specified timeframe. It is usually issued when the court finds favor in the landlord’s argument.
They are issued immediately after the judgment is passed provided that the tenant does not file for an appeal or reconsideration.
The writ of restitution is delivered to the Sheriff within 30 days of its issuance. If it exceeds 30 days, the Sheriff can not execute such a writ.
Executing the Eviction
If the tenant refuses to vacate, the Sheriff is empowered to use reasonable force as may be necessary to remove the tenant from the premises. The sheriff is to remove his personal property as well.
The sheriff may store the tenant’s personal property in a warehouse with notice to the tenant within 3 days. The sheriff is obligated to execute the writ within 10 days of issuance.
Alternatively, the landlord may also store and dispose of the tenant’s personal property under the supervision of the sheriff. Particularly where in the lease agreement, both parties have agreed that the landlord won’t keep or store any personal property of the tenant.
But where there’s no term like that in the lease agreement, the landlord is obligated to follow the dictates of the law and leave it for the sheriff to handle.
Eviction Notice by States
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FAQs
Under Wisconsin law, various day’s notice may be granted depending on the cause of eviction. Where the tenant fails to pay rent, a 5-day eviction notice is given. On the other hand, where the tenant violates a lease term, a 30-day notice may be issued.
The cost to file an eviction notice in Wisconsin ranges between $94.50 to $114.50, depending on the mode of filing.
It’s not difficult to evict a tenant in Wisconsin, once all processes have been duly followed. It’s important for the landlord to have a cause for eviction and evidence to support that cause.
Where a tenant without a lease pays rent every month, the landlord is required to give a 28-day eviction notice to the tenant. However, where the tenant is holding over after the expiration of the tenancy, the landlord is not obligated to give notice.
An illegal eviction in Wisconsin refers to a wrongful or unauthorized removal or attempt to remove a legal tenant from the rental property, without any cause or without following the required eviction process.
Rich is an Entrepreneur, Real Estate Investor, and Lawyer licensed in Texas. He enjoys family, community, and work. He started Landlord Guidance in 2012 to help fellow landlords, and teach them that being fair and ethical with their tenants is the true path to long-term success.
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