Make a Wisconsin Eviction Notice

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What is a Wisconsin Eviction Notice?

A Wisconsin eviction notice being created and legally served is the first step a landlord or their authorized agent must take in the legal eviction process. An eviction notice is a written notice used when the tenant fails to comply with the lease terms associated with the rental unit. Until it is served and the renter refuses to comply with the lease agreement, the landlord cannot file an eviction lawsuit. Depending on the type of eviction notice, the tenant is given a certain number of days to comply (curable violation). For example, five days' notice to pay their rent payment or vacate the property.

Eviction notices, often referred to as a notice to quit or a notice to vacate, must comply with the state’s landlord-tenant laws. Milwaukee County provides an eviction process checklist that landlords may find useful if a landlord is considering an eviction case. It discusses when landlords may evict tenants, how notices may be served, (including the use of a process server), how to prepare for a court date, how to serve the summons and complaint, the importance of bringing a copy of the affidavit of service to the court, as well as everything the landlord should do after court including contacting law enforcement, such as the sheriff's office, to enforce the order to regain possession of the property. It also states that landlords should seek legal advice so that they have someone who truly understands Wisconsin law on their side and to ensure that they've provided proper notice as required by landlord and tenant law. The PDF also explains how to contact the self-help clinic that is available for landlords as well.

What are the Components of a Wisconsin Eviction Notice?

There are three basic types of Wisconsin eviction notices. They all have the same basic components:

  • The legal name(s) of the tenant(s) who signed the lease and are legally required to uphold its terms
  • The address of the rental property
  • The date the eviction notice was created
  • How the eviction notice was served on the tenant (referred to as proof of service or certificate of service)
  • The contact information of the landlord or property manager
  • The printed name and signature of the landlord or property manager.

Wisconsin eviction notices are also known as a notice to quit. How many days the tenant has to correct the problem or vacate the property depends on the reason the eviction notice is issued. They may also have specific additional components.

Wisconsin 5-Day Notice to Quit for Non-Payment of Rent or Non-Compliance

A 5-day notice to cure or quit can be used for non-payment of rent or for other first-time non-compliance violations according to § 704.17(2). This notice should:

  • Detail the reason it was issued
  • Give the tenant 5 days to take care of the issue or vacate the property.

If the tenant pays the rent within the five days, they come into compliance with the written lease.

Wisconsin 14-Day Notice to Quit for a Second Violation

If the lease is violated in some way for a second time, it becomes an incurable violation. The tenant is given 14 days to vacate the property if the violation occurred within 12 months of the first. It can be used for non-payment of rent or another lease violation according to § 704.17(2)(b). The notice should:

  • List the date of the first and second violations
  • Detail the violation that occurred
  • Provide the date by which the tenant must vacate the property.

Wisconsin 5-Day Notice to Quit for Nuisance or Criminal Activity

A 5-day notice to vacate for nuisance or criminal activity is authorized by § 704.17(1p)(c) and (3m). Landlords may use this notice to inform the tenant that they have 5 days to vacate the property because of nuisance or criminal activities taking place on the property. The notice should:

  • Detail the reason it was issued
  • Provide the date by which the tenant must vacate the property.

Wisconsin Lease Termination Letter – 28 Day Notice

A 28-day notice to terminate a month-to-month tenancy is a document that can be used by either a landlord or a tenant. It informs the recipient that the property should be vacated at the end of the 28 day period. This notice is governed by § 704.19(3).

Service of a Wisconsin Eviction Notice

The notice may be served in person on the tenant or a member of the residence who is at least 14 years old. If someone other than the tenant is served, the landlord must also send a copy of the eviction notice via certified mail. The notice may also be served using certified mail or being posted on the property in a place where it is easily seen such as the front door.

What are the Legal Considerations of a Wisconsin Eviction Notice?

A Wisconsin eviction notice is the first action that must be taken in the legal eviction process. The landlord must have the tenant legally served, and the tenant must refuse to comply before the landlord can file an eviction lawsuit.

If the landlord doesn’t have a court order, they may not change the locks or lock out the tenant in any way, turn off the utilities to the property, or remove the belongings of the tenant. Doing so without a court order is illegal. Landlords may not attempt to evict a tenant for reporting the property to the housing authorities because of code violations or inhabitable conditions. The landlord may not evict the tenant because of their actual or perceived disability, religion, family status, gender, skin color, race, or home country.

Landlords who use illegal eviction methods may be sued by the tenant. The court may order the landlord to pay the tenant financial compensation. The landlord may also be fined for breaking state and/or federal law.

Eviction Information for Wisconsin Tenants

If you’re a tenant in Wisconsin, you have rights that you should know. You can find information about your rights by visiting the website of the Wisconsin Department of Agriculture, Trade, and Consumer Protection. If you receive an eviction notice, take the time to read it carefully. You need to know why it was issued and what you need to do. You also need to know how long you have to correct the problem or vacate the property.

Make sure that you read the section above about the legal considerations of a Wisconsin eviction notice. You’ll learn a little about illegal evictions. If you believe that the eviction against you was illegal, you can talk to a landlord-tenant attorney to get an opinion on whether you have a legal claim against the landlord. If you do, you can learn about what your next step should be. A lawyer can also answer any questions you have about the eviction process. You can also contact legal aid or a law school in your area. Law schools sometimes offer legal clinics that provide legal advice to the public.

Eviction Information for Wisconsin Landlords

There are several eviction notices for Wisconsin landlords to choose from. It’s important for landlords to choose the right eviction notice because it informs the tenant that a problem exists and that they only have a certain amount of time to fix the issue or leave the property. Eviction notices must be legally served on the tenant. We discussed acceptable service methods above. Tenants must refuse to comply with the eviction notice before the landlord can file a lawsuit against them. Without a court order, a landlord may not lock out the tenant, change the locks, disconnect the utilities, or remove the tenant’s belongings from the dwelling. Landlords should understand their options, obligations, and rights. To learn more, they can consult with a landlord-tenant lawyer in the county where the property is located.

Download a PDF or Word Template

Wisconsin Evicton Notice

Wisconsin Lease Agreement

Wisconsin Rental Application

Wisconsin Last Will and Testament