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Making a Wisconsin Eviction Notice
Eviction Notices start the eviction process in Wisconsin. The notice lets your tenants know that you wish to end the tenancy agreement. WI Eviction Notices can be used for cause and no cause evictions.Use the Wisconsin Eviction Notice document if:
Starting the eviction process is simple using our Eviction Notice document builder. It makes documents suitable for Wisconsin and can be used for a variety of situations.Other names for this document:
Notice to Pay Rent or Vacate, Notice to Terminate Tenancy, 28-Day Notice, 5-Day Notice to Pay Rent or Vacate, 14-Day Eviction NoticeEviction Notices
Wisconsin Eviction Notices start the formal eviction process. If your tenant has not paid rent you can deliver them a 5-Day Notice to Pay Rent or Vacate. If they are a long-term renter, you can provide them with a 28-Day Notice to Vacate. If your tenant seriously violates the lease, you may choose to deliver to them a 14-Day notice.
It is simple to make an Eviction Notice using Rocket Lawyer's document builder. You just need to enter a bit of information to complete the process.
Information needed to make a Wisconsin Eviction Notice:
Once you enter the required information, the appropriate Wisconsin Eviction Notice will automatically generate for you with the required legal language. The terms of the Eviction Notices vary depending on the length of the original lease terms. The completed document can be downloaded in Word or PDF format. You can log in to your account and edit the document at any time, using any device.
If you need a different type of property management document, see our essential landlord documents.
The most important part of delivering an Eviction Notice is that the tenant actually receives it. You need to deliver the notice properly before you file with the courts. You can deliver the notice in person to the tenant or you can leave it with a responsible person over the age of 14 who also lives in the rental unit. If you cannot make contact with anyone, you can leave the note posted in an obvious place. It will help you in court if you have an Affidavit of Service to document the delivery.
In Wisconsin, most evictions are settled in the local small claims court. To start the court process, you will need to file a Summons and Complaint. The notice must be delivered to your tenant using a professional process server or a sheriff. It needs to be delivered five days before the court date. You'll need to file a Proof of Service with the courts before your court date.Don't attempt to perform a "self-help" eviction
Trying to evict a renter on your own is not recommended. If you do not follow the formal process, you may lose your case if you end up in court. No matter how frustrated you may be with a tenant, you need to refrain from using "self-help" tactics. While you can negotiate with a tenant or politely talk to them about moving, you cannot "force" them to move.
To improve your chances for a successful eviction, do NOT:
You also cannot evict tenants based on discriminatory or retaliatory reasons. If you are not sure what might be considered discrimination or harassment, ask a lawyer.Wisconsin Evictions: Tenant Rights
In Wisconsin, you may receive a 5-, 14- or 28-Day Notice. If you receive a 5-Day Notice most often you just need to pay the rent to stop the eviction process. In other cases, if you receive a 14- or 28-Day Notice, you may need to move or face a court-ordered eviction. If you need legal assistance, you may be able to find local, low-cost legal and/or mediation services.
How long do I have to pay rent?
Rather than the typical three days, you have five days in Wisconsin to pay your rent after you receive an Eviction Notice. If you do not pay within five days, your landlord can file a complaint with the local courts. If you cannot pay rent and do not move, your landlord can file a complaint against you and if they win their case have you forcibly removed.
Do I need to go to court?
If you are wanting to contest your eviction, yes you need to go to court, If you do not, your landlord will most likely automatically win the case by default. If you have not been able to negotiate with the landlord before your court date, in court may be the last time you have to attempt to explain your side of the eviction case.
When will I get my deposit back?
Your deposit will be used for the money you owe for back rent and damages to the property, if any. If money is owed to you, it should be returned to you within 21 days after you move out. Make sure your landlord has your mailing address, so they can mail a check to you.
What happens if I get evicted?
If you are evicted, you can be forcibly removed by law enforcement from the property. If you cannot move your things or the landlord changes the locks before you can move your things, you may lose access to your belongings. In Wisconsin, what happens to your things depends on your lease. Some lease agreements may say that that tenant may lose rights to the abandoned property. If this is the case, your landlord can dispose of your things in any way they choose. If your lease didn't include abandoned property provisions, your landlord will put your things in storage at your expense. You will also have an eviction added to your public record which may make it more difficult to rent in the future.
For more information about basic tenant rights, see our tenant's legal help center.