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Eviction in Dane County (Madison), Wisconsin

Where eviction cases are filed in Dane County (Madison), what it costs, local rent levels and where to get help — with the official court, county and HUD sources.

Quick facts: eviction in Dane County (Madison)

Eviction court
Dane County Circuit Court - Small Claims — Circuit Court, small claims (Wisconsin) Court page
Filing fee
$94.50 small claims filing fee (includes evictions): $22 filing fee + $51 court support services + $21.50 JINFO surcharge; plus $35 per party if eFiled Wisconsin Circuit Court Fee, Forfeiture, Fine and Surcharge Tables (updated Sept. 2, 2026), Table 1
Notice before filing (state law)
Month-to-month/week-to-week: 5-day pay-or-vacate notice, or (month-to-month only) a 14-day notice to vacate with no right to cure. Lease of 1 year or less: 5-day pay-or-vacate; if the tenant was late within the past year, a 14-day notice to vacate. Lease over 1 year: 30-day notice to pay. Wisconsin rules
HUD Fair Market Rent, 2-bedroom (FY2026)
$1,694/month HUD
Renter households
107,847 (43% of households) Census ACS 2020–2024

Last verified against official sources: 2026-10-22

Where eviction cases are filed in Dane County (Madison)

Eviction cases in Dane County (Madison) are heard by the Dane County Circuit Court - Small Claims (Circuit Court, small claims (Wisconsin)).

Court eviction page · Search court records · Self-help center

Civil/Small Claims: (608) 266-4311; office hours 7:45 AM-4:30 PM. Local Court Rule 118 requires eviction mediation and assistance forms to be served on defendants. The County suggests checking with the Dane County Sheriff before obtaining a writ of restitution.

How much it costs to file an eviction in Dane County (Madison)

$94.50 small claims filing fee (includes evictions): $22 filing fee + $51 court support services + $21.50 JINFO surcharge; plus $35 per party if eFiled

Statewide fee. Sheriff service and writ of restitution fees are separate. The court may waive fees for those who cannot afford them.

Source: Wisconsin Circuit Court Fee, Forfeiture, Fine and Surcharge Tables (updated Sept. 2, 2026), Table 1

How eviction cases work locally

Local Rule 118 mediation/assistance noticeLandlords must serve the Eviction Mediation and Assistance forms with eviction papers; mediators are provided through the Tenant Resource Center.
Source: Official source

The Wisconsin eviction process

Wisconsin state law sets the notice periods and court steps everywhere in the state, including Dane County (Madison):

  1. Serve a written termination notice under ch. 704 (5-day, 14-day, 28-day, or 30-day, depending on tenancy and ground)
  2. File the summons and complaint in circuit court (small claims); the complaint must be served with the summons
  3. Return date is 5–25 days after the summons is issued; service must be at least 5 days before the return date
  4. Tenant may answer orally or in writing at the return date; if a defense is raised, a trial on possession must be completed within 30 days of the return date
  5. Order for judgment for restitution; court may stay the writ up to 30 days for hardship if the tenant pays rent owed and occupancy charges
  6. Writ of restitution delivered to the sheriff (must be received within 30 days of issuance)
  7. Sheriff executes the writ, removes the tenant and property, and returns the writ within 10 days of receiving it

Full Wisconsin eviction rules with sources →

Rent in Dane County (Madison)

HUD FY2026 Fair Market Rents for the Madison, WI HUD Metro FMR Area (the rent levels used for Section 8 vouchers):

Studio$1,268
1 bedroom$1,482
2 bedrooms$1,694
3 bedrooms$2,236
4 bedrooms$2,509

Source: HUD Fair Market Rent documentation

Median gross rent in Dane County (Madison): $1,398/month (Census ACS 2020–2024 5-year estimates).

Eviction help in Dane County (Madison)

Free legal help

Rental assistance

Other Wisconsin counties

Related

Frequently asked questions

Where do I file an eviction in Dane County (Madison)?
Eviction cases in Dane County (Madison) are filed with the Dane County Circuit Court - Small Claims.
How much does it cost to file an eviction in Dane County (Madison)?
$94.50 small claims filing fee (includes evictions): $22 filing fee + $51 court support services + $21.50 JINFO surcharge; plus $35 per party if eFiled.
Where can I get help with an eviction in Dane County (Madison)?
Tenant Resource Center - Eviction Diversion and Defense Partnership (EDDP); Tenant Resource Center.
What is the fair market rent in Dane County (Madison)?
HUD's FY2026 Fair Market Rent for a 2-bedroom unit is $1,694 per month (1-bedroom: $1,482).

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.