How to Evict a Tenant in Wisconsin (2026)
The legal steps for landlords in Wisconsin — the notice, the court case, costs, timeline and the mistakes that get cases thrown out — with the statute or official page behind each step.
Short answer: In Wisconsin a landlord must give the required written notice, file an eviction case in court if the tenant doesn't pay or leave, win a judgment, and have a sheriff or other officer carry out the removal. Changing the locks or removing belongings yourself is not allowed.
Step 1: Have a legal reason and give the right notice
| 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. |
|---|---|
| Lease violation | 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. |
| Ending a month-to-month tenancy (no fault) | Landlord or tenant: written notice at least 28 days before the end of a rental period. If rent is paid less often than monthly, at least one rent period. Source: Wis. Stat. § 704.19(3) |
Local rent-control or just-cause rules can limit evictions: Preempted. No city, village, town, or county may regulate the amount of rent or fees charged for a residential rental unit. Inclusionary zoning is also prohibited.
Step 2: Write and deliver the notice correctly
| What the notice must say | Month-to-month (and week-to-week) tenants and tenants with leases of one year or less: written 5-day notice to pay rent or vacate; if the tenant had a prior rent default within one year (leases) or while in default (month-to-month), a 14-day notice to vacate may be used instead. 'Rent' includes past-due rent and late fees. Leases over one year: 30-day notice (s. 704.17(3), not re-read). The notice must be in writing and served by: personal delivery or leaving it with a family member 14 or older at the home; leaving it with a competent person in charge of or occupying the premises plus mailing; if those fail with reasonable diligence, posting conspicuously plus mailing; registered or certified mail; or service like a summons. An incorrect amount does not void the notice unless intentionally wrong or the tenant paid or tendered what they believed was due. Contrary lease terms are invalid (except leases over one year). |
|---|---|
| How it must be delivered | A landlord's notice must be given by one of: (a) personal delivery to the tenant, or leaving a copy at the tenant's usual abode with a competent family member at least 14 who is told its contents; (b) leaving a copy with a competent person apparently in charge of or occupying the premises AND mailing a copy (regular or other mail) to the tenant's last-known address; (c) if (a) or (b) fails with reasonable diligence, posting a copy in a conspicuous place on the premises AND mailing a copy; (d) registered or certified mail to the last-known address; or (e) service as for a summons. Notice to one cotenant counts for all. Electronic delivery: a lease may allow electronic delivery only of the lease and related documents, security-deposit documents and accounting, pre-lease repair promises, and advance notice of entry — not termination notices. |
Notice forms:
- Wisconsin notice to pay rent or quit — requirements and free draft
- Wisconsin notice to end a month-to-month tenancy — requirements and free draft
Step 3: File the eviction case and go to the hearing
Eviction cases in Wisconsin 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
Court timing: Return date 5–25 days from issuance, with service at least 5 days before. Contested possession trial within 30 days of the return date. No adjournments without cause unless the landlord consents. Appeal within 15 days of the judgment.
Source: Wis. Stat. §§ 799.05(3)(b), 799.20(4), 799.27, 799.40–799.45
How long it takes to evict a tenant in Wisconsin
For unpaid rent, the notice period is 5 days; after that comes the court process (filing, service, the tenant's answer and a hearing), then the final order and removal by an officer. Uncontested cases move fastest; a contested case, an appeal or a crowded court adds weeks. See how long evictions take in every state.
How much it costs to evict a tenant in Wisconsin
Court filing and service fees are set locally. Verified fees in the largest Wisconsin counties:
| County | Filing and service fees |
|---|---|
| Milwaukee County (Milwaukee) | $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 |
| 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 |
| Waukesha County (Waukesha) | $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 |
| Brown County (Green Bay) | $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 |
Add the cost of a lawyer if you hire one, lost rent during the case, and any writ or officer fee to remove the tenant.
Evicting someone without a lease (family member, roommate, guest or squatter)
| Someone with no written lease who pays rent (month-to-month / at will) | Landlord or tenant: written notice at least 28 days before the end of a rental period. If rent is paid less often than monthly, at least one rent period. Source: Wis. Stat. § 704.19(3) |
|---|---|
| Someone who was never a tenant (squatter / unauthorized occupant) | Entering or remaining in another's dwelling without consent of a person lawfully there (or, if no one is, of the owner), under circumstances tending to provoke a breach of the peace, is criminal trespass to a dwelling, a Class A misdemeanor, whether or not the dwelling is currently occupied. Every law enforcement agency must have a written policy requiring an officer with probable cause to arrest for this offense to remove the person from the dwelling. Belongings left by a removed trespasser (a non-tenant) must be held 7 days after discovery, then may be disposed of at the landlord's discretion (returned on request before disposal). No sworn-affidavit removal procedure; tenants must be evicted under ch. 799. |
Mistakes that get eviction cases dismissed — or get landlords sued
| Changing locks / shutting off utilities | 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. |
|---|---|
| Retaliation | Landlord may not raise rent, decrease services, bring an eviction, refuse to renew, or threaten any of these because the tenant: complained in good faith about a defect to a public official or local code-enforcement agency, complained to the landlord about a § 704.07 or housing-code violation, or exercised a legal tenant right. ATCP 134.09(5) also protects joining or organizing a tenants' union, and a lease allowing retaliation for calling police, health, or safety services is void. |
| Accepting rent after the notice | No statute directly says whether accepting rent after a termination notice waives the eviction. Related statutory rules: after a lease expires, accepting rent for any later period (or other conduct showing intent to let the tenant stay) is an election to hold the tenant over as a periodic tenant, unless the landlord has already started proceedings to remove the tenant. For leases of one year or less, if a tenant who got a 5-day pay-or-vacate notice paid, or was permitted by the landlord to remain contrary to the notice, and defaults again within a year, the landlord may end the tenancy with a 14-day notice. |
Federal rules that can change the process
- Servicemembers Civil Relief Act: eviction protection: A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor. More
- VAWA housing protections: An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days. More
- CARES Act 30-day notice to vacate (covered dwellings): The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction. More
Wisconsin eviction FAQ for landlords
How much notice does a landlord have to give to evict 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.
How much does it cost to evict a tenant in Wisconsin?
Court fees are set locally — for example, Milwaukee County (Milwaukee): $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.
Can a landlord change the locks to evict a tenant 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.
How do you evict a tenant without a lease in Wisconsin?
Landlord or tenant: written notice at least 28 days before the end of a rental period. If rent is paid less often than monthly, at least one rent period.
← All Wisconsin landlord-tenant rules · Notice deadline calculator
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.