The Eviction Process in Wisconsin: Rules for Landlords and Property Managers

When evicting a tenant in Wisconsin, a landlord must carefully follow the rules and procedures set forth by Wisconsin law. If the landlord doesn't follow all the legal rules, the eviction might not be valid. This article will explain the basic rules and procedures the landlord or property manager must follow when evicting a tenant in Wisconsin.

Notice for Termination With Cause

A landlord must have legal cause (a reason) to evict a tenant before the term of the tenancy has expired. In Wisconsin, the most common legal causes are tenant failure to pay rent or violation of the lease or rental agreement. Before the landlord files an eviction lawsuit, the landlord must terminate the tenancy. This is done by giving the tenant notice. The type of notice required depends on the type of tenancy and the reason for the eviction.

Month-to-Month Tenancy

• Notice for Failure to Pay Rent: If the tenant is a month-to-month tenant and fails to pay rent, the landlord has two options when giving the tenant notice:
  • Option 1: The landlord can give the tenant a five-day notice to pay or vacate. This notice informs the tenant that the tenant has five days to either pay rent or move out of the rental unit, or the landlord will file an eviction lawsuit against the tenant.
  • Option 2: The landlord can give the tenant a 14-day notice to vacate. This notice informs the tenant that the tenant must move out of the rental unit by the end of 14 days (without giving the tenant the option to pay rent), or the landlord will file an eviction lawsuit against the tenant.

(Wis. Stat. § 704.17(1)(a) (2025).)

• Notice for Lease Violations: If the month-to-month tenant violates the lease or seriously damages the rental unit, the landlord has two options when giving the tenant notice:
  • Option 1: The landlord can give the tenant a five-day notice to remedy the default or vacate. A tenant complies with the notice if they take reasonable steps to fix the problem or the tenant offers to pay the landlord an adequate amount to fix the issue. If, within one year of receiving a five-day notice, the tenant again commits the same or any other condition of the tenancy (other than paying rent), the tenancy is terminate if the landlord gives the tenant a 14-day notice.
  • Option 2: The landlord can give the tenant a 14-day notice to vacate. With a 14-day notice, the landlord doesn't have to give the tenant the opportunity to fix the problem.

(Wis. Stat. § 704.17(1)(b) (2025).)

• Notice for Drug- or Gang-Related Activity: If the month-to-month tenant is involved with drug- or gang-related activity and the police notifies the landlord of such, then the landlord can give the tenant a five-day notice to vacate. This notice must inform the tenant that the tenant has five days to move out of the rental unit, or the landlord will file an eviction lawsuit. (Wis. Stat. § 704.17(1)(c) (2025).)

Fixed-Term Tenancy

• Notice for Failure to Pay Rent: If the tenant is in a fixed-term tenancy, such as for one year or less, and the tenant fails to pay rent, the landlord can give the tenant a five-day notice to pay or vacate. This notice must inform the tenant that the tenant has five days to either pay rent or move out of the rental unit. If the landlord has already given the tenant this notice within one year, then the landlord can give the tenant a 14-day notice to vacate. This time, the tenant won't have the right to pay rent. Instead, the tenant will need to move by the end of the 14-day timeframe, or the landlord will file an eviction lawsuit against the tenant. (Wis. Stat. § 704.17(2)(a) (2025).)
• Notice for Lease Violations: If the tenant in a fixed-term tenancy violates the lease or seriously damages the rental unit, the landlord can give the tenant a five-day notice to remedy or vacate. This notice will inform the tenant that the tenant will have five days to either remedy the violation or move out of the rental unit. If the landlord has already given the tenant this notice within one year, then the landlord can give the tenant a 14-day notice to vacate. Under this notice, the tenant will not have the right to fix the violation. Instead, the tenant will be expected to move by the end of the 14-day period, or the landlord can file an eviction lawsuit against the tenant. (Wis. Stat. § 704.17(2)(b) (2025).)
• Notice for Drug- or Gang-Related Activity: If the fixed-term tenant is involved with drug- or gang-related activity and a law enforcement officer notifies the landlord of this, the landlord can give the tenant a five-day notice to vacate. Under this notice, the tenant must move out of the rental unit within five days, or the landlord can file an eviction lawsuit against the tenant. (Wis. Stat. § 704.17(2)(c) (2025).)

Notice for Termination Without Cause

If a landlord doesn't have cause to evict a tenant, then the landlord must wait until the end of the tenancy before expecting the tenant to move out of the rental unit. In some cases, the landlord may still need to give the tenant written notice to move before the tenancy terminates.

Month-to-Month Tenancy

If the landlord wishes to end a month-to-month tenancy but doesn't have legal cause to do so, then the landlord must give the tenant a 28-day notice to vacate. This notice will inform the tenant that the tenancy will terminate in 28 days and the tenant must move out of the rental unit by that time. (Wis. Stat. § 704.19 (2025).)

Fixed-Term Lease

If the tenant has a fixed-term lease and the landlord wishes to end the tenancy but doesn't have cause, the landlord must wait until the end of the term before expecting the tenant to move. Wisconsin landlords don't need to give tenants written notice to move unless the lease requires it.

Tenant Eviction Defenses

Even though a landlord might have valid legal cause to evict a tenant, the tenant might have a valid legal defense and could choose to fight the eviction. Tenant defenses include the landlord discriminating against the tenant or failing to maintain the rental unit. The tenant's decision to fight the eviction could mean that the cost of the eviction lawsuit increases or that the tenant will be able to remain in the rental unit for longer.

Removal of the Tenant

A tenant can only be removed from the rental unit after a landlord has won an eviction lawsuit against the tenant. At that point, the only person authorized to remove the tenant is a law enforcement officer. It's illegal for the landlord to ever attempt to force the tenant to move out of the rental unit, and the tenant could sue the landlord for trying.

After an eviction has occurred, the landlord might find that the tenant has left behind personal property. If the landlord and the tenant had a written lease or rental agreement with a clause stating that the landlord won't store the tenant's abandoned property, the landlord can dispose of the property in any way that is legal. There is an exception for medications: The landlord must keep medications for seven days after the tenant has moved out before disposing of them. If the landlord disposes of the property by sale, the landlord should send the proceeds (minus the costs of sale and storage, if any) to the Wisconsin Department of Administration for deposit. (Wis. Stat. § 704.05(5) (2025).)

If the landlord and the tenant didn't have a written lease or rental agreement with a clause concerning abandoned property, then the tenant must follow an older statute. (Wis. Stat. § 704.05(5)(bf) (2025).) The landlord has three options:

• Store the property (with a lien on the property for cost of storage) and give the tenant written notice of the storage within 10 days after the charges begin.
• Give the tenant notice of the landlord's intent to dispose of the property if the tenant doesn't claim it. If the tenant doesn't claim the property within 30 days of the notice, the landlord can sell or otherwise dispose of it.
• Store the property without a lien and return it to the tenant.

(Wis. Stat. § 704.05 from 2009.)

Rationale for the Rules

Landlords must carefully follow all the rules and procedures required by Wisconsin law when evicting a tenant; otherwise, the eviction might not be valid. Although these rules and procedures can seem burdensome to the landlord, they exist for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.