Wisconsin Eviction Notice Requirements

Wisconsin's notice periods depend on the type of tenancy. For a month-to-month tenant who owes rent, the landlord may give a 5-day notice to pay or vacate or a 14-day notice to vacate. For a lease of one year or less, the notice for nonpayment or a lease violation gives 5 days to pay or cure. For a lease longer than one year, the notice is 30 days. A month-to-month tenancy ends with at least 28 days' notice.

The notice must be in writing and should state the amount owed or describe the violation, the deadline, and that the tenancy will end if the problem is not corrected. Wisconsin allows delivery by personal service, by leaving a copy with a competent family member at least 14 years old, by leaving a copy with a person in charge of the premises and mailing it, by posting and mailing, or by registered or certified mail. A notice ending a periodic tenancy must end on the last day of a rental period.

If the tenant does not pay, cure, or leave, the landlord files an eviction action, which Wisconsin handles under its small claims procedure in circuit court. The tenant can appear and contest it. Wisconsin's consumer protection rule, ATCP 134.09, prohibits landlords from excluding or forcibly evicting a tenant except through the court eviction procedure, and a court writ of restitution is delivered to the sheriff for execution.