How to Evict a Roommate in Wisconsin (and Other Household Situations)
What Wisconsin law says about roommates who are not on the lease, guests who won't leave, family members, renting a room in your own home, and tenancies at will — each with the statute or official source.
Short answer: Wisconsin recognizes three kinds of tenancy: under a lease, periodic, and at will. A person who holds possession with the landlord's permission without a valid lease and without paying periodic rent is a tenant at will; one who pays rent on a periodic basis without a valid lease is a periodic tenant. So an occupant not on the lease can be a tenant if the landlord has given permission (or accepts periodic rent); a rental agreement may be oral or written. Wis. Stat. § 704.01(2), (3m), (4), (5)
| Roommate not on the lease | Wisconsin recognizes three kinds of tenancy: under a lease, periodic, and at will. A person who holds possession with the landlord's permission without a valid lease and without paying periodic rent is a tenant at will; one who pays rent on a periodic basis without a valid lease is a periodic tenant. So an occupant not on the lease can be a tenant if the landlord has given permission (or accepts periodic rent); a rental agreement may be oral or written. |
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| Removing a roommate or subtenant | No roommate-specific statute. A periodic tenancy or tenancy at will can be ended by either party only by written notice that states the intent to terminate and the termination date, given at least 28 days in advance (or at least one rent period if rent is paid more often than monthly); a periodic tenancy can only be ended at the end of a rental period. Whether a tenant can give this notice to a roommate depends on whether the roommate holds under the tenant. Source: Wis. Stat. § 704.19(1)-(4) |
| Guests who won't leave | No statute sets a number of days. Under Wisconsin's definitions, a person holding possession with the landlord's permission, without a lease and without periodic rent, is a tenant at will and is entitled to at least 28 days' written notice before the tenancy ends. |
| Tenancy at will | A tenant at will is any tenant holding with the landlord's permission without a valid lease and without periodic payment of rent (a person holding under a purchase contract or employment contract is not a tenant under the chapter). A tenancy at will can be ended by either the landlord or the tenant only by written notice of at least 28 days that informs the other party of the intent to terminate and the termination date, unless the parties clearly agreed to another method or the premises were surrendered. |
Never remove someone by changing the locks or taking their belongings: if the person has become a tenant, only a court can order them out. If there is violence or a threat, call 911 and ask about a protective order.
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Wisconsin eviction laws · Free legal help in Wisconsin · Roommate rules in other states
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.