Evictions are never easy—and for landlords, they can be one of the toughest parts of managing a rental property. Whether you’re dealing with a long-standing fixed-term lease or a month-to-month arrangement, navigating the legal landscape is essential to protect your investment and move forward the right way.
In Wisconsin, the eviction process isn’t just about asking a tenant to leave. It’s a detailed legal journey—from delivering a proper eviction notice to securing a court order—and each step must be followed precisely.
Whether your tenant's family has overstayed the lease term or a renter has broken a written lease, knowing how and when to begin eviction proceedings can save you time, stress, and legal trouble.
Ready to take action in Eau Claire? This guide will walk you through exactly what to do when it’s time to ensure a tenancy terminates legally and effectively.
Step-by-Step Wisconsin Eviction Process
1. Give the Tenant Written Notice
Before you can evict a tenant, you must give the tenant a written notice in accordance with state law. This tenant's written notice must comply with specific notice requirements depending on the lease agreement and reason for eviction.
- Five-Day Notice to Pay Rent or Vacate: If a tenant fails to pay rent, the landlord must give a five-day notice. The tenant then has five days to either pay the rent owed or vacate the rental unit.
- 14-Day Notice for Lease Violation: For significant violations of the lease or rental agreement (such as property damage or repeated disturbances), the landlord may issue a 14-day notice to terminate the tenancy.
- 28-Day Notice to Terminate Tenancy: For a month-to-month tenant, the landlord must provide a 28-day written notice to end the lease.
Delivery methods include personal service by a competent person, posting in a conspicuous place, or sending the notice via registered or certified mail as outlined by Wisconsin statutes.
2. File an Eviction Lawsuit
If the tenant fails to comply with the notice, the landlord must file an eviction complaint with the small claims court in Eau Claire County. This begins the legal eviction proceedings.
3. Serve the Tenant the Court Summons
The landlord must serve the summons and complaint to the tenant. This may be done by a law enforcement officer, process server, or another competent person not involved in the case.
4. Attend the Hearing
Both the landlord and the tenant must appear in court. If the landlord proves legal cause, such as nonpayment of rent or a lease violation, the court may issue a judgment to terminate the tenancy and allow the landlord to recover the rental unit.
5. Obtain a Writ of Restitution
If the court rules in favor of the landlord, a court order (Writ of Restitution) is issued. This allows the sheriff or another law enforcement officer to physically remove the tenant if they refuse to vacate.
6. Avoid Self-Help Eviction
Under Wisconsin law, a landlord must not engage in self-help eviction methods like changing locks or removing a tenant’s personal property without proper legal steps.
Protect Yourself and Your Property
Navigating the eviction process in Wisconsin requires strict compliance with landlord-tenant laws, consumer protection rules, and procedures outlined by the Wisconsin Department of Agriculture, Trade and Consumer Protection, Equal Rights Division, and the State Bar of Wisconsin.
Whether you're managing a single rental unit or multiple properties, staying informed is crucial. The rules governing security deposits, lease terminations, and evictions are complex—and one misstep can derail your claim.
Let the experts at General Property Management handle the legal and procedural challenges of eviction for you. Our experienced property managers are well-versed in Wisconsin housing laws and will guide you through the entire process—from issuing a proper tenant notice to representing you in court.
Contact us today for professional, stress-free management of your Eau Claire rental property!
Additional Resources
Step-by-Step Tenant Screening Guide for Landlords in Wisconsin
Self Managing vs Hiring Property Management: Which Is Right for You?
