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Eviction in Milwaukee County (Milwaukee), Wisconsin

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

Quick facts: eviction in Milwaukee County (Milwaukee)

Eviction court
Milwaukee County Circuit Court - Small Claims (Civil Division) — 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)
$1,338/month HUD
Renter households
196,633 (50% of households) Census ACS 2020–2024

Last verified against official sources: 2026-10-22

Where eviction cases are filed in Milwaukee County (Milwaukee)

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

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

Evictions are small claims actions regardless of back rent claimed. Clerk Civil Division: (414) 278-4140, cticivil-milwaukee@wicourts.gov. The court page posts county eviction forms, a Residential Eviction Diversion Initiative directive, and forms to seal or redact eviction records.

How much it costs to file an eviction in 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

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

Residential Eviction Diversion Initiative / record sealingThe Civil Division posts a Residential Eviction Diversion Initiative directive (amended) and motion/declaration/order forms to seal or redact eviction records.
Source: Official source

The Wisconsin eviction process

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

  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 Milwaukee County (Milwaukee)

HUD FY2026 Fair Market Rents for the Milwaukee-Waukesha, WI MSA (the rent levels used for Section 8 vouchers):

Studio$1,027
1 bedroom$1,119
2 bedrooms$1,338
3 bedrooms$1,648
4 bedrooms$1,784

Source: HUD Fair Market Rent documentation

Median gross rent in Milwaukee County (Milwaukee): $1,101/month (Census ACS 2020–2024 5-year estimates).

Eviction help in Milwaukee County (Milwaukee)

Free legal help

Rental assistance

City rules in Milwaukee County (Milwaukee)

Other Wisconsin counties

Related

Frequently asked questions

Where do I file an eviction in Milwaukee County (Milwaukee)?
Eviction cases in Milwaukee County (Milwaukee) are filed with the Milwaukee County Circuit Court - Small Claims (Civil Division).
How much does it cost to file an eviction in 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.
Where can I get help with an eviction in Milwaukee County (Milwaukee)?
Legal Aid Society of Milwaukee; Milwaukee Rental Housing Resource Center (MKE RHRC).
What is the fair market rent in Milwaukee County (Milwaukee)?
HUD's FY2026 Fair Market Rent for a 2-bedroom unit is $1,338 per month (1-bedroom: $1,119).

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.