Wisconsin Eviction Notice Guide: 5-Day vs. 14-Day vs. 28-Day Terminations

Understanding Wisconsin Eviction Notices

Evicting a tenant is a strict legal procedure that begins with a formal written notice. Whether you are managing properties in Milwaukee, Madison, or Green Bay, you cannot simply ask a tenant to leave or change the locks. You must follow the exact statutory notice periods outlined in Wisconsin law.

If a landlord makes a mistake on the eviction notice, the judge may dismiss the case entirely. This means you would have to start the entire process over, losing valuable time and rental income. Choosing the correct notice type is the most critical step in the entire eviction process.

Depending on the circumstances, the court might require a tenant to vacate, but only if the landlord has perfectly executed the notice and service requirements found in Wis. Stat. § 704.17. Local attorneys can guide you, or you can navigate the state guidelines using the steps below.

Step-by-Step Process in Wisconsin

Step 1: Determine Curable vs. Incurable Breaches

Wisconsin law distinguishes between curable breaches (where the tenant can fix the issue, like paying late rent) and incurable breaches (where the tenancy ends no matter what). For standard annual leases, a first-time violation usually requires a 5-day notice with a right to cure. This gives the tenant five days to pay the missing rent or stop the lease violation.

If the tenant commits a second violation within the same 12-month period, the landlord can usually serve a 14-day notice with no right to cure. In this scenario, the tenant must move out within 14 days, and paying the rent will not stop the termination.

Step 2: Month-to-Month vs. Annual Leases

The length of the lease determines which notice is legally appropriate. For annual leases, landlords generally rely on the 5-day and 14-day notices. However, for month-to-month tenancies, the rules change slightly. A landlord can terminate a month-to-month lease for no specific reason by serving a 28-day notice.

If a month-to-month tenant fails to pay rent, the landlord has the option to serve a 5-day notice with a right to cure, or a 14-day notice with NO right to cure, right away. This flexibility is unique to month-to-month agreements under Wisconsin law.

Step 3: Calculating Legal Days Properly

Calculating the days on an eviction notice can be confusing, but making a math error is a common reason for case dismissals. Under Wis. Stat. § 990.001(4), you do not count the day the notice is served. You begin counting on the next day.

Furthermore, if the final day of the notice period falls on a Sunday or a legal state holiday, the deadline extends to the next business day. Always add a few extra days if you are mailing the notice to ensure you meet the strict timeline requirements.

Step 4: Proper Service Methods

Serving the notice correctly is just as important as the content of the notice itself. Wisconsin law outlines specific acceptable methods for delivering these documents under Wis. Stat. § 704.21. The most common acceptable methods include handing it directly to the tenant or leaving it with a competent family member who is at least 14 years old.

If you cannot find the tenant after reasonable attempts, you may post the notice in a conspicuous place on the property AND mail a copy via regular mail. Sending a text message or an email does not count as legal service in Wisconsin.

Step 5: Filing the Summons and Complaint

If the notice period expires and the tenant has not complied or moved out, the next step is filing a lawsuit. You will need to file Form SC-500, Wisconsin, Circuit Court, Summons and Complaint Small Claims. You file this form at your local courthouse, such as the Milwaukee County Circuit Court, Milwaukee or the Dane County Circuit Court, Madison, depending on where the property is located.

After filing, the court will schedule a hearing. You must have a third party, typically the local Sheriff's Department or a private process server, serve the court papers to the tenant.

How Much Does it Cost in Wisconsin?

Eviction costs in Wisconsin vary slightly by county, but generally follow a standard fee structure for small claims court. Here are the typical expenses you can expect:

• Court Filing Fee: Typically $94 to $114 depending on the specific Circuit Court and whether you file electronically.
• Service of Process: Sheriff's departments or private process servers usually charge $40 to $80 to serve the Summons and Complaint.
• Writ of Restitution: If you win and need the Sheriff to physically remove the tenant, the fee is generally around $50 to $75.
• Attorney Fees: Hiring a local eviction lawyer in Wisconsin generally costs between $500 and $1,500 per case, depending on complexity.

How Long Does the Process Take?

The timeline for a Wisconsin eviction depends heavily on the initial notice period (5, 14, or 28 days). Once the lawsuit is filed, the court usually schedules an initial hearing within 14 to 30 days. If the tenant does not contest the eviction, the judge may issue an order granting you possession immediately.

If the tenant fights the eviction, a trial may be scheduled in the following weeks. Precedents like Highland Manor Associates v. Bast, 268 Wis. 2d 1 (WI Supreme Court 2003) show that courts strictly interpret notice deadlines. From serving the first notice to the Sheriff executing a Writ of Restitution, a typical uncontested eviction takes about 4 to 6 weeks.

Frequently Asked Questions (FAQ)