Wisconsin Eviction Laws: The Process and Timeline in 2025

Few moments are more difficult for landlords or property managers than an eviction. Whether due to nonpayment of rent or a broken lease, the prospect of removing someone from their living space is challenging.

However, there are ways that landlords can help ease the burden of an eviction. Knowing the proper steps to take in the eviction process – as well as what to avoid during each phase – can reduce the risk and help create a smooth transition for everyone involved. 

Here at TenantCloud, we want to help landlords, property managers, and tenants understand their rights and responsibilities throughout the eviction process. Wisconsin law lays out a variety of guidelines for evictions, as well as rights that protect both landlords and tenants. 

Let’s take a closer at the Wisconsin eviction process in detail and see how knowledge is power when it comes to tenant-landlord relationships.

What Are Wisconsin Eviction Laws in 2025?

Before looking at the eviction pathway, it’s important to know Wisconsin’s eviction laws.

The legal framework around Wisconsin evictions offers a guide for how landlords and tenants must handle the eviction process. The laws exist to give a pathway for eviction or remediation, as well as to protect all parties involved.

Eviction in Wisconsin is governed by Chapter 799 of the Wisconsin Statutes – legislation that outlines the procedural requirements for any eviction actions. These laws determine the available grounds for eviction, the notice requirements and court procedures, as well as the eviction’s enforcement mechanisms.

In Wisconsin, evictions are also called "actions for eviction" or "actions for possession." The process cannot be executed by landlords themselves – it requires court approval and often sheriff involvement for the final removal of tenants.

For an eviction to be valid in Wisconsin, landlords must follow each step precisely. Even minor procedural errors can result in dismissed cases, forcing landlords to restart the entire process from the beginning.

It’s also key to note that Wisconsin Statutes § 704.05 governs the rights and duties of landlords and tenants in the absence of written agreements (when no lease or rental agreement is in place). This means that even if there is no written contract, landlords must still follow the law and legal procedures for evictions.

What are the Legal Grounds for Eviction in Wisconsin?

In Wisconsin, landlords must have a valid legal reason to evict a tenant. You cannot evict someone simply because you want them out or because of discrimination. The most common legal grounds for eviction in Wisconsin include:

Nonpayment of Rent

The most frequent reason for eviction in Wisconsin is when tenants fail to pay their rent on time. When rent is past due, Wisconsin law allows landlords to give the tenant a 5-day notice to pay or vacate the premises.

This notice gives the tenant five days to pay the overdue rent or move out voluntarily. If the tenant pays the full amount owed within this period, the landlord must accept the payment and cannot proceed with the eviction action.

Wisconsin law also gives landlords the option to issue a 14-day notice to vacate instead of the 5-day notice to pay or quit. With this option, the tenant does not have the opportunity to cure the violation by paying the rent—they must vacate within 14 days regardless.

For tenants who have lived in a rental unit for more than one year, landlords may need to provide a 30-day notice for nonpayment of rent.

Lease Violations

A common reason for eviction is a tenant voiding their lease by breaking the rules or damaging property. There are different lease violation types, and knowing whether or not a violation has occurred comes down to what’s on paper. 

Some common lease violations include:

• Keeping unauthorized occupants or pets on the property
• Damaging the property beyond normal wear and tear
• Consistent noise disturbances or disruptive behavior that’s reported to authorities
• Making unauthorized alterations to the property
• Smoking in non-smoking areas

When the lease is broken, landlords typically send a 5-day notice to cure or vacate. This allows the tenant five days to correct the violation or move out. If the tenant handles the issue, the eviction process must stop.

Alternatively, landlords can issue a 14-day notice to vacate without allowing the tenant to correct the violation. This is often used for more serious lease breaches.

Illegal Activities

Not surprisingly, taking part in illegal activities on the rental property is grounds for immediate eviction in Wisconsin. This can include:

• Drug-related criminal activity
• Acts of violence or threats toward other tenants
• Weapons violations
• Gang-related activities
• Other activities that threaten the health, safety, or peaceful enjoyment of the premises

For illegal activities, landlords can issue a 5-day notice to vacate with no opportunity for the tenant to remedy the situation. Due to the serious nature of these violations, Wisconsin law allows for expedited eviction procedures in these cases.

End of Lease Term

When a fixed-term lease ends, landlords are not obligated to renew the agreement. The landlord can pursue eviction if a tenant remains in the property after their lease expires (becoming a "holdover tenant").

For a month-to-month tenancy, landlords must provide a 28-day notice to terminate the tenancy. This notice doesn't require a specific reason for termination unless the property is located in a municipality with just-cause eviction ordinances.

Related: Minnesota Evictions | Laws and Protections

Types of Eviction Notices in Wisconsin

One of the most important parts of an eviction process is the notice. A Wisconsin eviction notice kicks off the eviction process, and different types of notices must be given depending on the type of eviction being pursued. 

Each Wisconsin eviction notice comes with a notice to pay or vacate, and the circumstances around the eviction will determine which is best for your case.

5-Day Notice to Pay Rent or Vacate

This is the standard notice for nonpayment of rent for most tenancies. Key points include:

• The notice must clearly state the amount of rent due
• The tenant has five days to pay the full amount or vacate
• The five-day period begins the day after the notice is served
• If the tenant pays within this period, the landlord must accept payment and stop the eviction process
• The notice must include the landlord's name, address, and telephone number

5-Day Notice to Cure or Vacate

Usually used for lease violations, the 5-Day Notice to Cure or Vacate must specify the exact violations of the lease and allow tenants five days to correct the issue or move out of the property. It’s important to note that landlords must halt the eviction process if the issue is remedied.

14-Day Notice to Vacate

This unconditional notice gives the tenant no opportunity to remedy the situation. It can be used for:

• Nonpayment of rent (as an alternative to the 5-day notice to pay)
• Serious lease violations
• Repeat violations within a one-year period

When a tenant commits substantially the same violation within one year of a previous violation, the landlord can issue this 14-day notice without giving the tenant another chance to cure the breach.

28-Day Notice to Vacate

For month-to-month tenancies or when terminating a periodic tenancy, landlords must provide at least 28 days' notice. This notice:

• Must be given at least 28 days before the next rent payment is due
• Doesn't require a specific reason for termination (in most areas)
• Serves as a simple non-renewal rather than an eviction for cause

How Do You Deliver Notices Properly?

For any eviction notice to be legally valid in Wisconsin, it must be properly served to the tenant. Valid methods of service include:

• Personal delivery to the tenant
• Leaving a copy with a family member at least 14 years old at the tenant's residence, then explaining the contents
• Posting a copy in a conspicuous place on the premises AND mailing a copy to the tenant's last known address
• Sending via certified or registered mail to the tenant's last known address

Improper service of notice is one of the most common reasons eviction cases get dismissed in Wisconsin courts, so landlords should document the method, date, and time of service carefully.

Related: Iowa Eviction Laws Explained | Legal Guidelines

The Step-by-Step Wisconsin Eviction Process

1. Serve the Appropriate Notice

As covered above, landlords must first serve the tenant with the appropriate written notice based on the reason for eviction. The notice period (5, 14, or 28 days) must be allowed to expire before proceeding to the next step.

2. File an Eviction Lawsuit

If the tenant doesn't comply with the notice (either by failing to pay rent, remedy the lease violation, or vacate the property), the landlord can file an eviction lawsuit, known as a "small claims action" or "action for eviction," in the county where the property is located.

To file the lawsuit, landlords need:

• A completed Summons and Complaint form (SC-500)
• Proof that proper notice was served
• A copy of the lease agreement
• Documentation of the lease violation or nonpayment
• Payment of filing fees (approximately $94.50-$114.50)

The court will then issue a summons scheduling a hearing date, typically within 5-25 days after filing.

3. Serve the Summons and Complaint

The summons and complaint must be properly served on the tenant. Unlike the eviction notice, these court documents generally must be served by:

• The sheriff
• A private process server
• Another adult who is not involved in the case

Personal service is preferred, but if (after reasonable attempts) the tenant cannot be personally served, the documents can be left with a family member or posted on the property with a copy also sent by mail.

4. Attend the Court Hearing

Both the landlord and tenant must appear at the scheduled court hearing. During this hearing:

• The landlord must defend the reason for eviction
• The tenant has the opportunity to present defenses
• The judge or commissioner will make a ruling

If the tenant doesn’t appear, the court will likely grant a default judgment in favor of the landlord. A second hearing might be scheduled if the case is complicated or contested.

5. Obtain a Writ of Restitution

If the court rules in favor of the landlord, a writ of restitution will be issued. This legal document authorizes the sheriff to remove the tenant from the property if they don't leave voluntarily.

The landlord must take the writ to the sheriff's office and request execution. The sheriff typically gives the tenant a 24-hour to 5-day notice before returning to enforce the eviction.

6. Sheriff's Enforcement

Only the sheriff can legally remove a tenant from the property. The sheriff will:

• Post a notice on the property indicating when the eviction will be executed
• Return to remove the tenant if necessary 
• Allow the landlord to change the locks and regain possession

Self-help evictions—such as changing locks, removing tenant belongings, or shutting off utilities—are illegal in Wisconsin and can result in penalties for landlords.

7. Handling Tenant Property

Wisconsin law specifies procedures for handling property left behind by evicted tenants. Landlords have options regarding abandoned property:

• Store the property and notify the tenant of where it can be claimed
• Dispose of property considered to be valueless
• Sell valuable property after providing proper notice

The specific requirements depend on the circumstances and the value of the property left behind.

Timeline for Wisconsin Evictions

The entire eviction process in Wisconsin typically takes between 2 to 4 months from start to finish, though this can vary based on several factors:

Factors that can extend this timeline include:

• Court scheduling and backlogs
• Tenant requests for adjournment
• Contested evictions requiring multiple hearings
• Appeals by either party
• Seasonal considerations (some counties have informal winter restrictions)

For landlords, understanding this timeline is crucial for financial planning, as the property may not generate income during this period.

What Are the Typical Court Fees Associated With Filing an Eviction in Wisconsin?

As you can imagine, some costs come with pursuing an eviction in Wisconsin. There are court fees, expenses involved with the notice, and potential extra costs involved with retaining legal aid. Here are some of the most common fees you might expect to see when filing an eviction:

• Small Claims Court filing fee (often around $100)
• Service of Summons (often $12, plus $6 per additional tenant)
• Service of Write of Resolutions ($8)
• Execution of Write ($10 per hour per deputy/sherrif)

These are just a few of the court fees involved – there are also extra costs you might incur depending on the situation. For instance, if you hire an attorney, you’ll be on the hook to cover case fees, and if you need to repair your property after eviction, you could be facing expenses there as well.

What Is The Role Of The Sheriff In The Wisconsin Eviction Process?

You might be surprised to learn that in Wisconsin, only sheriff's deputies – not landlords, private security, or other law enforcement – can legally execute a writ of restitution and physically remove tenants. 

Once a landlord obtains a writ of restitution from the court, they must take it to the sheriff's office for execution. Landlords should coordinate with the sheriff's office to understand local property removal and storage, as these can vary somewhat by jurisdiction.

How Long Do Landlords Have to Return a Security Deposit in Wisconsin?

After an eviction or any tenant move-out there’s always the question of the security deposit. Should landlords reimburse the tenant for the deposit? Does the eviction forfeit it?

Under Wisconsin law (Wis. Admin. Code ATCP 134.06), landlords must return security deposits within 21 days after:

• The tenant surrenders the premises, or
• The landlord learns that the tenant has vacated or been evicted

This timeline applies even if the tenancy ended through eviction rather than a standard move-out.

Allowable Deductions

Landlords may withhold portions of the security deposit for:

• Unpaid rent
• Damage beyond normal wear and tear
• Unpaid utilities that were the tenant's responsibility
• Other breaches of the rental agreement that result in monetary damages

However, landlords cannot deduct for routine cleaning or normal wear and tear to the property.

Consequences for Non-Compliance

If a landlord fails to return the security deposit or provide proper documentation within 21 days, the tenant may be entitled to:

• Double damages (twice the amount wrongfully withheld)
• Court costs and reasonable attorney fees
• In some cases, additional punitive damages

Given these potential penalties, landlords should prioritize proper security deposit handling even after a contentious eviction.

Related: Navigating Illinois Eviction Laws | Legal Insights

Strategies for Landlords to Prevent Evictions

Evictions are costly, time-consuming, and stressful for all parties involved. Smart landlords take the time to try and avoid evictions completely by having the right practices in place before the worst occurs.

Invest In Thorough Tenant Screening

The best way to avoid evictions is to select reliable tenants from the start. A quality tenant screening process should include credit checks to verify financial responsibility, income verifications, background checks, and other similar screening criteria.

Write Up Clear Lease Agreements

As they say, the devil is in the details. Many evictions occur when tenants are unaware of specific lease agreement elements. Having a well-drafted lease agreement helps avoid those unexpected issues that could lead to an eviction.

Your lease agreement should:

• Clearly state all rules and policies
• Include the rent amounts, due dates, and late fees
• Offer a list of tenant responsibilities regarding property maintenance
• Include the grounds for lease termination
• Comply with all Wisconsin landlord-tenant laws

Make Use of Effective Communication Tools

Sometimes, a simple clarification is all it takes to clear up an issue. Having open lines of communication with tenants is a great way to identify and resolve any problems before they escalate to an eviction. 

Consider using digital communication tools for documenting interactions, and make sure to have clear expectations for how check-ins, inspections, and rental payments should be handled.

Documentation and Record-Keeping

When eviction is necessary, you may find that having all your documentation ready helps the process move more quickly. You should always have a comprehensive rent ledger tracking all payments and records of all notices you’ve provided to tenants. If you can, always keep the photographs and notes from any property inspections.

Early Intervention

The best way to avoid evictions? Communicate quickly and communicate often. Is the tenant struggling to pay each month? They may not realize that there is an online rent payment available to make it easier.

You may find that simply sending consistent messages and reminders can help keep tenants aware of any potential problems, and regular inspections can help give tenants time to follow up on any lease issues.

Avoid The Worst of Wisconsin Eviction with the Right Tools

Knowing the basics about Wisconsin's eviction laws and how to handle the eviction process can make a world of difference when it comes to successful property management. 

While nobody wants to deal with an eviction, this is often a part of the property management experience, so knowing how best to handle it can protect both the tenant and the landlord.

The entire process – from notice to final removal – typically takes 2-4 months and costs several hundred dollars at minimum. These realities make eviction prevention strategies valuable for both parties.

Need help managing your rental properties and avoiding potential eviction situations? At TenantCloud, we offer comprehensive property management solutions that streamline communications, rent collection, and documentation – addressing many issues that lead to evictions before they escalate.

Visit us online today to learn more about how our tools and resources can help you create more successful landlord-tenant relationships while protecting your investment!