Wisconsin Eviction Laws
Wisconsin rules on eviction for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: 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; Wis. Stat. § 704.17(1p)(a), (2)(a), (3)(a)
The rules in Wisconsin
| Notice for unpaid rent | 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. 'Rent' includes past-due rent and late fees (§ 704.17(1g)). Notice must be written and served under § 704.21. Proof of certified mailing is sufficient proof of notice (§ 799.40(1g)). |
|---|---|
| Notice for lease violations | Periodic tenants and leases of 1 year or less: 5-day notice to remedy or vacate; for a repeat breach within one year, a 14-day notice to vacate with no cure. Lease over 1 year: 30-day notice to comply. Criminal or drug-related activity: 5-day notice to vacate, no cure. A tenant who promptly takes reasonable steps to cure, or makes a reasonable offer to pay damages, is treated as complying. Nuisance cases referred by law enforcement or a DA allow a 5-day notice to vacate. |
| Lockouts & utility shutoffs | Prohibited. Landlords may not exclude, forcibly evict, or constructively evict a tenant (including by cutting off heat, water, or electricity) except through ch. 799 court eviction. They also may not seize the tenant's property. A lease clause authorizing non-judicial eviction voids the lease. Remedy: double damages plus costs and reasonable attorney fees under Wis. Stat. § 100.20(5). |
How an eviction case works in Wisconsin
Eviction cases are heard in: Circuit court, small claims procedure (Wis. Stat. ch. 799).
- Serve a written termination notice under ch. 704 (5-day, 14-day, 28-day, or 30-day, depending on tenancy and ground)
- File the summons and complaint in circuit court (small claims); the complaint must be served with the summons
- Return date is 5–25 days after the summons is issued; service must be at least 5 days before the return date
- 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
- 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
- Writ of restitution delivered to the sheriff (must be received within 30 days of issuance)
- Sheriff executes the writ, removes the tenant and property, and returns the writ within 10 days of receiving it
Landlords: how to evict a tenant in Wisconsin — steps, costs, timeline and forms.
Eviction court and fees by county
- Milwaukee County (Milwaukee)
- Dane County (Madison)
- Waukesha County (Waukesha)
- Brown County (Green Bay)
- Winnebago County
- Racine County
- Kenosha County
- Outagamie County
- La Crosse County
- Rock County
- Eau Claire County (Eau Claire)
- Marathon County
Free calculators
- Notice Deadline Calculator — Enter the date a notice was delivered and see the date it runs out under your state's law.
Templates
Related questions
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
Wisconsin vs. neighboring states
| State | Notice for unpaid rent | Notice for lease violations | Lockouts & utility shutoffs |
|---|---|---|---|
| Wisconsin | 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. Wis. Stat. § 704.17(1p)(a), (2)(a), (3)(a) | Periodic tenants and leases of 1 year or less: 5-day notice to remedy or vacate; for a repeat breach within one year, a 14-day notice to vacate with no cure. Lease over 1 year: 30-day notice to comply. Criminal or drug-related activity: 5-day notice to vacate, no cure. Wis. Stat. § 704.17(1p)(b), (2)(b), (3)(a), (3m) | Prohibited. Landlords may not exclude, forcibly evict, or constructively evict a tenant (including by cutting off heat, water, or electricity) except through ch. 799 court eviction. They also may not seize the tenant's property. A lease clause authorizing non-judicial eviction voids the lease. Wis. Admin. Code ATCP 134.09(4), (7); Wis. Stat. § 704.44(2m) |
| Illinois | Written demand giving not less than 5 days after service to pay; if unpaid, landlord may end the lease and file for eviction. To keep partial payments from invalidating the notice, it must state that only FULL PAYMENT waives the right to terminate. 735 ILCS 5/9-209 | 10 days' written notice to quit after default in any lease term (other than rent). 735 ILCS 5/9-210 | Self-help eviction not allowed: a landlord must go to court and may not evict by turning off utilities, locking the tenant out, changing locks, or removing belongings; only a sheriff may physically evict. Illinois AG fact sheet 'The Eviction Process' |
| Iowa | 3 days' written notice of nonpayment and of the landlord's intent to terminate if rent is not paid within that period. After that notice, no separate 3-day notice to quit is required before filing. Iowa Code § 562A.27(2); § 648.3(1) | 7 days' written notice specifying the breach; the lease terminates if the breach is not remedied within 7 days. A repeat of substantially the same breach within 6 months allows termination on 7 days' notice without a right to cure. For a clear and present danger to others, a single 3-day notice of termination and notice to quit. Iowa Code § 562A.27(1); § 562A.27A | If the landlord unlawfully removes or excludes the tenant or willfully interrupts electric, gas, water or other essential services, the tenant may recover possession (or terminate the lease) and recover actual damages, punitive damages up to twice the monthly rent, and reasonable attorney fees. Iowa Code § 562A.26 |
| Michigan | 7 days: written demand for possession (or written notice to quit) for nonpayment of rent before filing MCL 600.5714(1)(a); MCL 554.134(2); MCL 600.5716; MCL 600.5718 | No single statutory period. If the lease allows termination for the violation, the lease's notice term controls; for a month-to-month or no-written-lease tenancy, a notice to quit of one rental period (generally 1 month) is used. Shorter statutory periods apply to certain conduct: 24 hours (drug activity with lease clause and police report), 7 days (serious continuing health hazard or extensive continuing physical damage; violence/threats with police notified). MCL 600.5714(1)(b)-(e); MCL 554.134(1),(4) | Self-help eviction is prohibited. Landlord may not use force or threats, remove/retain/destroy the tenant's property, change locks without immediately providing keys, board up, remove doors/windows/locks, interrupt essential services (heat, running water, hot water, electric, gas) amounting to constructive eviction, or introduce noise/odor/nuisance. Tenant may recover actual damages or $200, whichever is greater, for each occurrence, plus possession; unlawful forcible ejection allows 3 times actual damages or $200, whichever is greater. MCL 600.2918(1)-(2) |
| Minnesota | Before filing an eviction for nonpayment of rent (residential), the landlord must deliver a written notice giving the tenant 14 days to pay. The notice must state the total due, an itemized accounting (rent, late fees, other charges), who is authorized to receive payment and where, and required statements about legal help and rental assistance. Delivery is personal or by first-class mail to the rental address. Minn. Stat. § 504B.321, subd. 1a | No statutory notice or cure period. If the tenant has breached lease terms not involving rent or another financial obligation, the landlord generally does not have to give notice before filing, unless the lease requires notice. Minn. Stat. § 504B.285, subd. 1 | Self-help eviction is illegal. A landlord who unlawfully and in bad faith locks out or excludes a residential tenant is liable for triple damages or $500, whichever is greater, plus reasonable attorney fees. A landlord may not interrupt electricity, heat, gas, or water. Penalty: triple damages or $500, whichever is greater, plus reasonable attorney fees. Minn. Stat. §§ 504B.231, 504B.221, 504B.225, 504B.375 |
City rules that may add to state law
More Wisconsin rental law
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- Breaking a Lease in Wisconsin
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- Wisconsin Rental Fee Rules
- Wisconsin Section 8, Records & Right to Counsel
- Wisconsin Mold, Pests, Heat & AC Rules
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- Wisconsin Landlord Selling the House
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- Wisconsin Subletting, Lease Endings & Tenant Death
- All Wisconsin landlord-tenant rules
- Free legal help in Wisconsin
Compare eviction in all 50 states and DC →
Wisconsin Eviction Laws FAQ
How much notice does a landlord have to give before evicting for unpaid rent in Wisconsin?
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. (Wis. Stat. § 704.17(1p)(a), (2)(a), (3)(a))
How much notice is required to evict for a lease violation in Wisconsin?
Periodic tenants and leases of 1 year or less: 5-day notice to remedy or vacate; for a repeat breach within one year, a 14-day notice to vacate with no cure. Lease over 1 year: 30-day notice to comply. Criminal or drug-related activity: 5-day notice to vacate, no cure. (Wis. Stat. § 704.17(1p)(b), (2)(b), (3)(a), (3m))
Can a landlord change the locks or shut off utilities in Wisconsin?
Prohibited. Landlords may not exclude, forcibly evict, or constructively evict a tenant (including by cutting off heat, water, or electricity) except through ch. 799 court eviction. They also may not seize the tenant's property. A lease clause authorizing non-judicial eviction voids the lease. (Wis. Admin. Code ATCP 134.09(4), (7); Wis. Stat. § 704.44(2m))
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.