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Eviction in Waukesha County (Waukesha), Wisconsin

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

Quick facts: eviction in Waukesha County (Waukesha)

Eviction court
Waukesha County Circuit Court - Civil Division, Small Claims (evictions) — 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
40,511 (24% of households) Census ACS 2020–2024

Last verified against official sources: 2026-10-23

Where eviction cases are filed in Waukesha County (Waukesha)

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

Evictions are filed as small claims cases in the Civil Division regardless of the amount claimed. The Eviction Forms Packet is free to download; printed packets from the Clerk's Office carry a fee. Proposed exhibits must be clearly marked and filed at least two business days before the hearing or they will not be considered absent good cause.

How much it costs to file an eviction in 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

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

Written answer required (Local Rule 6.2)Waukesha County Local Rule 6.2 requires small claims defendants to file a written answer with the court on or before the return date.
Mandatory mediation (Local Rule 6.4)Mediation is mandatory for contested small claims cases; Waukesha Mediations is the default mediator (Small Claims Mediation Order effective 2/23/2026). Parties may use an outside mediator by filing an approved consent form.
ExhibitsExhibits must be marked and filed at least two business days before the hearing date.

The Wisconsin eviction process

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

  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 Waukesha County (Waukesha)

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 Waukesha County (Waukesha): $1,356/month (Census ACS 2020–2024 5-year estimates).

County tenant ordinance

No county-level landlord-tenant ordinance identified.

Eviction help in Waukesha County (Waukesha)

Free legal help

Other Wisconsin counties

Related

Frequently asked questions

Where do I file an eviction in Waukesha County (Waukesha)?
Eviction cases in Waukesha County (Waukesha) are filed with the Waukesha County Circuit Court - Civil Division, Small Claims (evictions).
How much does it cost to file an eviction in 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.
Where can I get help with an eviction in Waukesha County (Waukesha)?
Legal Action of Wisconsin.
What is the fair market rent in Waukesha County (Waukesha)?
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.