Wisconsin eviction laws
Notices, deadlines, court and tenant rights in Wisconsin — in plain English.
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Overview
- The court case
- Eviction action (small claims)
- Court
- Circuit Court, Small Claims Division, for the county where the property is located
- Main laws
- Wis. Stat. ch. 704 (esp. 704.17, 704.19, 704.21); Wis. Stat. ch. 799 (small claims); Wis. Admin. Code ATCP 134
Just-cause protection
No statewide law
Wisconsin has no just-cause law. A periodic tenancy can be ended with 28 days' notice (monthly) and a fixed lease ends on its end date. Retaliation and discrimination are prohibited. (Wis. Stat. §§ 704.19, 704.45)
Notices before filing, by reason
What a landlord must serve before filing — and what a tenant should expect to receive.
Unpaid rent — 5-Day Notice to Pay Rent or Vacate
Which notice depends on the tenancy. Month-to-month or week-to-week: a 5-day notice to pay or vacate, or a 14-day notice to vacate with no chance to pay. Lease of one year or less (or year-to-year): a 5-day notice to pay or vacate; if the tenant was already given a notice within the past year, a 14-day notice with no chance to pay. Lease of more than one year: a 30-day notice to pay or vacate.
5-Day Notice to Pay Rent or Vacate
- Notice period
- 5 days
- Longer notice
- 30 days to pay if the lease is for more than one year (Wis. Stat. § 704.17(3)); 14-day notice to vacate with no cure for a repeat within 12 months on a lease of one year or less, or at the landlord's option for month-to-month tenants
- Counting
- Days are counted starting the day after the notice is served; if the last day is a Sunday or legal holiday, it moves to the next business day. If served by mail, count from the date of mailing but allow extra time; many landlords add days for mailing. The tenant may pay any time before the deadline.
- Tenant can fix it?
- Yes, within the notice period
- Must include
- Tenant name(s) and address
- The amount of rent due (rent includes past-due rent and late fees for past-due rent)
- Demand to pay the rent or vacate on or before a stated date at least 5 days after the notice is given
- Statement of the tenant's right to contest the termination in an eviction action (required for month-to-month tenants)
- Landlord name, date and signature
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door and mail a copy; Certified mail (return receipt); Registered mail. Give the notice to the tenant personally; or leave it with a member of the tenant's family 14 or older at the home (and tell them what it is); or, if neither can be done with reasonable diligence, post it in a conspicuous place and mail a copy; or send it by registered or certified mail to the tenant's last known address.
- Law
- Wis. Stat. §§ 704.17(1p), (2), (3); 704.21
- If the tenant pays within the notice period, the tenancy continues. Accepting partial rent after the notice may waive it unless the landlord gives a written statement that it does not.
- Double-check with the court: For month-to-month tenants the landlord may choose a 14-day notice to vacate with no right to pay; for fixed leases of one year or less the 14-day notice is allowed only if a prior notice was given in the past 12 months.
The tenant broke the lease or rules — 5-Day Notice to Remedy or Vacate
For breach of a lease term or damage (waste), give a 5-day notice to fix the problem or vacate. The tenant stays if they fix it or take reasonable steps to fix it. A repeat breach within 12 months after a prior notice allows a 14-day notice to vacate with no cure. For leases longer than one year, the notice is 30 days to fix or vacate.
5-Day Notice to Remedy or Vacate
- Notice period
- 5 days
- Longer notice
- 30 days to remedy for leases longer than one year (§ 704.17(3)); 14-day no-cure notice for a repeat within 12 months
- Counting
- Start counting the day after service; if the last day is a Sunday or holiday, use the next business day.
- Tenant can fix it?
- Yes, within the notice period
- Must include
- Tenant name(s) and address
- The lease term or rule broken and what happened
- Demand to remedy the default or vacate on or before a stated date
- Statement of the tenant's right to contest the termination in an eviction action (month-to-month)
- Landlord name, date and signature
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door and mail a copy; Certified mail (return receipt); Registered mail. Personal delivery; family member 14+ at the home; posting plus mail if those cannot be done; or registered/certified mail.
- Law
- Wis. Stat. §§ 704.17(1p)(b), (2)(b), (3); 704.21
The lease ended and the tenant stayed — no notice required
A fixed-term lease ends on its end date with no notice required by statute. If the tenant stays, the landlord may file an eviction.
- If the lease has an automatic renewal clause, the landlord must have followed the notice rules in Wis. Stat. § 704.15 and ATCP 134.
- If the landlord accepts rent after the lease ends, a periodic tenancy may be created that needs a 28-day notice.
Ending a month-to-month tenancy (no fault) — 28-Day Notice to Terminate Tenancy
A month-to-month tenancy is ended with written notice at least 28 days before the end of a rental period; a week-to-week tenancy needs 7 days' notice before the end of a rental week.
28-Day Notice to Terminate Tenancy
- Notice period
- 28 days (week-to-week: 7 days, month-to-month: 28 days)
- Counting
- Serve at least 28 days before the end of a rental period; the termination date must be the end of a rental period (usually the last day of the month).
- Tenant can fix it?
- No
- Must include
- Tenant name(s) and address
- Statement that the tenancy ends on a stated date that is the end of a rental period
- Landlord name, date and signature
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door and mail a copy; Certified mail (return receipt); Registered mail. Same service methods as § 704.21.
- Law
- Wis. Stat. § 704.19
Illegal activity, violence or serious damage — 5-Day Notice to Vacate (Criminal or Drug Activity)
If the tenant, a household member or a guest engages in criminal activity threatening the health, safety or peaceful enjoyment of others, or drug-related criminal activity, the landlord may give a 5-day notice to vacate with no chance to cure. A nuisance notice from law enforcement also supports a 5-day notice.
5-Day Notice to Vacate (Criminal or Drug Activity)
- Notice period
- 5 days
- Counting
- Start counting the day after service; if the last day is a Sunday or holiday, use the next business day.
- Tenant can fix it?
- No
- Must include
- Tenant name(s) and address
- A description of the criminal or drug-related activity
- The date the activity took place
- The identity or description of the people involved
- Demand to vacate on or before a stated date at least 5 days after the notice
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door and mail a copy; Certified mail (return receipt); Registered mail. Same service methods as § 704.21.
- Law
- Wis. Stat. § 704.17(3m)
- This notice cannot be used against a tenant who is the victim of the criminal activity (§ 704.17(3m), § 704.14).
How a tenant responds
The tenant must appear (in person or as the summons directs) on the return date shown on the eviction summons, which is 5 to 30 days after the summons is issued; the summons must be served at least 5 days before the return date. The tenant may give a written or oral answer at the return date. If the tenant does not appear, the landlord can get a default judgment.
Deadline: at the hearing (no fixed written-answer deadline) · Form: Wisconsin small claims Answer form (wicourts.gov self-help); an oral answer at the return date is also allowed · Wis. Stat. §§ 799.05(3), 799.20, 799.40
City and local rules
- Madison and Milwaukee have rental ordinances (e.g., required disclosures and tenant rights information); VERIFY whether any local notice attachments apply. State law (Wis. Stat. § 66.0104) limits many local landlord-tenant rules.
Official court forms
Landlords
- SC-500 — Summons and Complaint (Small Claims)
Sources
Checked 2026-09. General information, not legal advice; laws change and courts differ. We strive for accuracy but don’t guarantee it.