Wisconsin is quickly becoming a haven for renters, thanks to its vibrant cities, strong job market, and affordable living options. From college towns like Madison to growing urban centers like Milwaukee, many individuals and families are choosing to rent rather than buy.
This trend creates a promising opportunity for landlords to grow their rental property portfolios. However, with that opportunity comes the responsibility of understanding the tenant eviction process in Wisconsin, especially when a tenant fails to uphold the terms of the lease agreement.
The eviction process in Wisconsin is strictly regulated by state laws. Whether it's a month-to-month tenancy, fixed-term lease, or other rental agreement, landlords must follow every legal step to avoid penalties and delays.
Failing to serve the proper notice or attempting a self-help eviction can invalidate the entire process and violate tenant rights. Let’s explore the Wisconsin eviction process, step by step.
Establish a Legal Cause for Eviction
A landlord may initiate the process to evict a tenant if there is legal cause, such as unpaid rent, a lease violation, or the end of the lease term.
Additional reasons can include criminal activity, the presence of unauthorized tenants' family members or other tenants, or failure to vacate the premises after the notice period.
In such cases, seeking legal help is often advisable to ensure compliance with state laws.
Serve the Appropriate Eviction Notice
Wisconsin has strict notice requirements:
- Five-Day Notice to Pay or Vacate: This is used when a tenant fails to pay rent. If payment is made within five days, the process stops.
- 14-Day Notice: Issued for serious or repeat violations with no option to cure.
- 28-Day Notice: Used to terminate a month-to-month tenant without cause.
To comply with Wisconsin law, all notices should be delivered to a competent person at the rental unit or sent via certified mail.
Landlord Files the Eviction Lawsuit
If the tenant does not comply with the notice, the landlord must file an eviction lawsuit in small claims court. The court will issue a summons and schedule a court hearing.
Attend the Court Hearing
Both parties must appear before a judge. The landlord should bring the lease, tenant notice, records of overdue rent, and proof of reasonable diligence in communication.
If the judge rules in favor of the landlord, the court will issue an order for the tenant to move.
Final Step: Enforcing the Eviction
If the tenant still refuses to vacate, the landlord can file for a writ of restitution, which authorizes the sheriff to remove the tenant. Only law enforcement can carry out the physical eviction, not the landlord.
Handling the Tenant's Belongings
Wisconsin has strict rules regarding the tenant's belongings left behind on the premises. Landlords must store or dispose of items according to the law and notify the tenant using certified mail.
Partner with Experts to Handle Evictions the Right Way
Handling eviction proceedings can be stressful, especially if you're managing multiple properties or dealing with difficult tenants. The entire process—from serving notice to attending court—requires legal precision and a deep knowledge of eviction laws.
That's where General Property Management comes in. Our team of experienced property managers understands every detail of Wisconsin eviction procedures and ensures your property is protected legally and efficiently.
Whether you're dealing with unpaid rent, a difficult tenant, or a broken lease, we’ve got you covered. Contact us today for reliable, compliant, and professional property management services.
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