What is a Wisconsin Eviction Notice or Notice to Quit?
When to use a Wisconsin Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated any provision of the lease or rental agreement.
- The lease has expired and the tenant has remained on the property (holdover).
- You want to terminate a month-to-month tenancy.
NOTICE TO PAY RENT OR VACATE
TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT:
, , Wisconsin
PLEASE TAKE NOTICE that the tenancy dated
LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF WISCONSIN INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A WAIVER OF SUCH RIGHTS AND REMEDIES.
Wisconsin Eviction Notice FAQs
Am I legally allowed to evict my tenant for nonpayment of rent in Wisconsin?
In general, the answer is yes, and you may draft a Wisconsin Eviction Notice (specifically called a 5-Day Notice to Pay Rent or Quit) to begin the process. However, as a result of the COVID-19 pandemic, there are some special protections in place for tenants who can't pay rent. While the federal eviction moratorium was struck down after being extended, the state and municipal governments in Wisconsin are able to create and enforce their own standards for residential evictions. Check out the ask a local landlord-tenant lawyer for more specific insight.
When should I create an Eviction Notice in Wisconsin?
If you wish to file an eviction lawsuit against a tenant, you must deliver a Notice of Eviction first. Here are a few situations where you might need to use one:
- The tenant is behind on their rent
- The tenant sublets the property in breach of the rental terms
- The tenant has caused excessive damage
- The tenant harasses or disturbs their neighbors
- The tenant is using their unit illegally
- The tenant violates the no-pets policy of your lease
Outside of these violations, a tenant typically may be evicted for reasons unrelated to their personal conduct. For example, if the owner needs to move in. Keep in mind that the list presented above is not absolutely exhaustive and that the legally permitted reasons for eviction can be different from town to town. If you've got any hesitations or questions related to Wisconsin eviction laws, you can always connect with an attorney.
What information should a Wisconsin Notice to Vacate include?
You can tap or click the button that says "Make document" to take a closer look at the Wisconsin Eviction Notice sample and see what information you'll need to provide to build your eviction letter. To make a WI Notice to Vacate, you'll typically need the following details:
- The location and description of the property
- Contact information for the tenant(s)
- Which of the terms in the lease are not being met
- What the duration of the notice period will be
- For what periods of time the rent has been unpaid (if appropriate)
In the event that the tenants aren't at fault for the eviction, you may want to provide more details. With the Rocket Lawyer document tool, you have the power to add further alterations, if needed. You will need to verify that any policies and terms that you make note of in the Eviction Notice are actually present in the fully signed rental contract.
How will Wisconsin eviction laws impact me as a residential property owner?
The law often evolves over time and the actual eviction process and restrictions can be quite nuanced. In some cases, there might be different requirements based on why the tenant is being evicted and how long they have occupied the unit. With that in mind, it's strongly recommended that you speak with a local eviction lawyer before serving a Notice of Eviction on any tenant in Wisconsin.
Where can I create a Wisconsin Eviction Notice template for free?
If you have decided to draft this document using Rocket Lawyer, you will need to follow the instructions that are presented. After asking a series of questions about your situation, Rocket Lawyer will build your Wisconsin Eviction Notice. This route, in most cases, will be notably more affordable than hiring and working with a traditional lawyer.
What might I typically pay for a lawyer to help me evict a tenant in Wisconsin?
If you want to understand the complete cost of eviction, you will need to consider the court fees associated with filing the lawsuit, attorney fees, the value of unrecovered payments, storage and cleaning fees, and lastly, the money and time you will spend looking for new tenants. Luckily, you won't need to pay hundreds of dollars in fees to make a Notice of Eviction. Different from many other eviction template websites that you may come across elsewhere, Rocket Lawyer gives members up to 40% in savings when hiring a lawyer, so an Rocket Lawyer network attorney can act on your behalf if you do proceed with an eviction lawsuit.
How long does it take to complete the Wisconsin eviction process end to end?
The duration of the eviction process for Wisconsin tenants generally depends on the notice period required, along with the overall volume of cases that are being held at the same time. Here's a basic overview of Wisconsin notice periods:
- Overdue rent: 5-day notice
- Non-compliance with rental agreement: 5-day notice
- No direct fault: 28-day notice
After your notice period, the actual eviction can still take anywhere from 2 to 4 months. It is important to note that in certain types of housing, for instance where rent payments are subsidized, the mandatory notice period is often even longer.
Do I need to work with an attorney when evicting someone in Wisconsin?
While it is feasible to produce a Notice to Vacate without support, most rental property owners who bring tenants to court will have legal representation present. Getting another opinion on your document could take longer than you'd expect if you try to do it on your own. Another approach might be via the Rocket Lawyer attorney network. Rocket Lawyer Premium members are able to ask for guidance from an experienced attorney or ask other legal questions. As a property owner or manager, you can Work Confidently® with Rocket Lawyer by your side.
Are there any additional actions to take after I make a Notice of Eviction/Notice to Quit in Wisconsin?
When you are finished making your Wisconsin Eviction Notice on Rocket Lawyer, you can access it in your account at any time and place. Feel free to interact with the document by making edits and printing it. You must sign the notice before serving it on the tenant(s). You have a few different options available for serving a notice:
- Hire a professional process server
- Send it through certified mail
- Deliver it by hand
As a reminder, "DIY" or "self-help" evictions are not legal in Wisconsin. You cannot turn off utilities, move property, padlock the entryways or in any way harass and threaten your tenant to make them move. Acting lawfully before and throughout the eviction process will give you the best chance of removing tenants successfully under a court order.
How do I file for a court-ordered eviction?
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.