Wisconsin (WI) eviction guide
Quick answer
To evict a tenant in Wisconsin, serve a written notice (5 days for nonpayment on leases of one year or less, 30 days for leases over one year), then file an eviction complaint in the county circuit court under Chapter 799 if the tenant does not comply. The entire process typically takes 1 to 3 months from notice to sheriff-enforced removal.
| Legal grounds | Nonpayment of rent, lease violation, criminal or nuisance activity, holdover after lease expiration, waste or property damage |
|---|---|
| Minimum notice | 5 days (nonpayment on leases of 1 year or less); 14 days (repeat or incurable breach); 30 days (any default on leases over 1 year) |
| Where to file | County Circuit Court in the county where the rental property is located (small claims procedure under Wis. Stat. Ch. 799) |
| Filing fee | $94.50 standard circuit court filing fee; approximately $20 additional for electronic filing |
| Typical timeframe | 1 to 3 months total; uncontested cases often resolve in 3 to 6 weeks after the notice period |
Required for nonpayment of rent on week-to-week or month-to-month tenancies and leases of one year or less; tenant must pay in full or vacate within 5 days to avoid eviction filing.
Used for a remediable lease violation (such as an unauthorized pet or noise) on leases of one year or less; tenant has 5 days to fix the problem or leave.
Issued when a tenant on a lease of one year or less has a second nonpayment or breach within 12 months, or for incurable violations; no opportunity to cure, tenant must vacate within 14 days.
Required for any default (rent, waste, or covenant breach) on leases longer than one year; tenant has 30 days to vacate, regardless of whether the breach is remediable.
| Step | Timeframe | What happens |
|---|---|---|
| 1. Confirm a Valid Legal Ground for Eviction | Before notice | Verify the eviction reason falls under Wis. Stat. § 704.17: nonpayment, lease violation, criminal or nuisance activity, lease expiration, or waste. Document everything in writing before proceeding. |
| 2. Serve the Correct Written Notice | Day 1 | Deliver the proper notice in person, by certified mail, or by posting on the door plus mailing a copy. Use 5 days for nonpayment on short-term leases, 14 days for repeat violations, or 30 days for long-term leases. The notice must state the ground and tenant's right to contest. |
| 3. Wait for the Notice Period to Expire | 5, 14, or 30 days | If the tenant pays, cures the violation, or vacates within the notice period, no further action is needed. Do not accept partial rent if you intend to proceed with eviction after a 5-day nonpayment notice. |
| 4. File an Eviction Complaint with the Circuit Court | Day after notice expires | File a written complaint (Summons and Complaint for Eviction, SC-4100V) at the county circuit court. Pay the $94.50 filing fee. The summons return date must be set 5 to 25 days from the issue date under Wis. Stat. § 799.21. |
| 5. Attend the Court Hearing | 5 to 25 days after filing | Bring the lease, notice documentation, rent records, and any evidence of the violation. The court commissioner or judge decides at the initial appearance; contested cases may be set for a trial within a few weeks. |
| 6. Obtain and Enforce the Writ of Restitution | Immediately after judgment; sheriff executes within 10 days | If the court rules in your favor, request the Writ of Restitution immediately. The county sheriff must execute the writ within 10 days of receipt per Wis. Stat. § 799.45(5), physically removing the tenant if they have not left voluntarily. |
Wisconsin eviction costs typically run $300 to $600 for an uncontested case, including the $94.50 court filing fee, sheriff service fees (roughly $30 to $75), and a locksmith if needed. Contested cases requiring an attorney can push total costs to $1,500 to $3,000 or more depending on the county and number of hearings.
Once the court enters judgment for the landlord, the clerk issues a Writ of Restitution and the county sheriff carries out the removal within 10 days. Self-help eviction is strictly illegal in Wisconsin: a landlord who changes locks, removes belongings, shuts off utilities, or physically forces a tenant out without a court order faces liability for double damages plus the tenant's attorney fees under Wis. Stat. § 704.05 and Wis. Admin. Code ATCP § 134.08. Always wait for the sheriff to execute the writ.
General information, not legal advice. Governing statute: Wis. Stat. § 704.17 (Notice Terminating Tenancies); Wis. Stat. Ch. 799 (Small Claims Eviction Procedure). Self-help eviction is illegal everywhere; always follow the court process.
Wisconsin eviction FAQ
Most uncontested Wisconsin evictions finish in **1 to 2 months** from the date the notice is served. The notice period alone is 5 to 30 days depending on lease type, court scheduling adds another 2 to 4 weeks, and the sheriff executes the writ within 10 days of issuance. Contested cases with a trial can extend the timeline to 3 to 4 months.
Expect to spend **$300 to $600** out of pocket for an uncontested eviction, covering the **$94.50** court filing fee, sheriff fees, and any locksmith costs. If the tenant contests and you hire an attorney, total costs commonly reach **$1,500 to $3,000** or more.
No. Wisconsin law requires a court order before any tenant can be physically removed. Self-help evictions (changing locks, removing belongings, cutting utilities) are illegal and expose the landlord to **double damages** plus the tenant's attorney fees.
The shortest notice period is **5 days**, used for nonpayment of rent on week-to-week, month-to-month, or leases of one year or less. Repeat violations require **14 days**, and defaults on leases over one year require **30 days**.
No. Wisconsin landlords must have a legally valid ground under Wis. Stat. § 704.17, such as nonpayment of rent, lease violation, criminal or nuisance activity, or lease expiration. Evictions based on protected characteristics or in retaliation for tenant complaints are illegal.
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