The Wisconsin eviction notice forms are forms that are given to lessee’s upon their failure to oblige to the terms and conditions of a written lease agreement. The notice can either give the tenant a period of time to correct the issue or notice that states their rental contract has been terminated on specific grounds by the landlord. Wisconsin has a confusing array of laws and it is best for the landlord and tenant to use the Eviction Notice Chart provided by the State to know where they stand.
Notices By Type
5-Day Notice to Quit (Leases of a Year or Less) – 1st violation for lease terms of a year or less. This is for nonpayment, noncompliance, or an unlawful activity violation.
14-Day Notice to Quit (2nd Violation) – 2nd violation for any type of lease term. Only may be served to the tenant when there has been two (2) separate violations within a twelve (12) month period.
28-Day Notice to Quit (Month to Month Tenancy) – Used when parties seek to end a month-to-month tenancy and have to provide notice of twenty-eight (28) days to the other party.
30-Day Notice to Quit (Leases for More than a Year) – 1st violation of a lease that has a term of a year or more.
When is Rent Due
Rent is due on the date that is specified in the lease agreement between the landlord and tenant. The renter has five days to pay after the landlord provides notice before landlord may continue in court.
How to Evict (Process)
Step 1 – The first step to evicting a tenant is to provide requisite notice that the tenant is violating the terms of the lease, either through non-payment of rent or for some other violation. The notice must be properly served with evidence of the service, such as an affidavit or certified mail receipt. There are several forms of notice in Wisconsin depending on the circumstances:
- 5-Day Notice to Quit (Leases of a Year or Less)
- 14-Day Notice to Quit (2nd Violation)
- 28-Day Notice to Quit (Month to Month Tenancy)
- 30-Day Notice to Quit (Leases for More than a Year)
Step 2 – If the tenant does not respond either by vacating the premises or by rectifying the situation (if that is an option), the landlord may proceed to Small Claims Court in the county in which the property is located and file a Summons and Complaint.
- You will have to complete and Non-Military Service Affidavit and Affidavit of Service of Notice. You will need five (5) copies.
Step 3 – The court court will keep the original and you will have to deliver the packet to a process server to serve on tenant. The tenant must be served at least 5 days before the court date and has the right to defend themselves by filling-in the Answer Form.
Step 4 – If the landlord prevails, then the court will issue and order for a Writ of Restitution. The landlord will bring this order to the sheriff along with a set of keys to the property and a letter of authority from a mover. The sheriff will have ten days from receiving the order to evict tenant.