Wisconsin Eviction Notice Overview
Wisconsin's eviction laws are governed by Wis. Stat. Chapter 704 (Landlord and Tenant) and Chapter 799 (Small Claims). The state uses a 5-day notice for non-payment under §704.17(2)(b) and a 14-day notice for lease violations. For month-to-month tenancies, a 28-day notice is required for termination. Wisconsin does not use a 10-day notice period.
Wisconsin's eviction process runs through the Circuit Court system using Small Claims Eviction procedures. The state's consumer protection regulation, ATCP 134, adds an additional layer of landlord obligations including disclosure requirements, lease provision restrictions, and security deposit rules. Violations of ATCP 134 can be raised as counterclaims in eviction proceedings, making compliance essential for Wisconsin landlords.
5 Days
Non-payment notice
$94.50
Filing fee
14 Days
Lease violations
4-7 wks
Total process
Wisconsin's Actual Notice Periods
WI Uses 5/14/28-Day Notices
Wisconsin's notice periods are 5 days for non-payment, 14 days for lease violations, and 28 days for month-to-month termination. Using a 10-day notice does not match any Wisconsin statutory period and may cause confusion or dismissal in Circuit Court.
| Eviction Reason | Notice Period | Statute |
|---|---|---|
| Non-payment of rent | 5 days | Wis. Stat. §704.17(2)(b) |
| Lease violations (first) | 14 days (with cure) | Wis. Stat. §704.17(2)(b) |
| Repeat violations | 14 days (no cure) | Wis. Stat. §704.17(2)(a) |
| Month-to-month termination | 28 days | Wis. Stat. §704.19 |
Wisconsin Legal Requirements
Wisconsin eviction notices must comply with Wis. Stat. Chapter 704.
- Written Notice: Must be in writing under Wis. Stat. §704.21
- Amount Owed: Specify the exact rent amount due
- 5-Day Demand: State the tenant has 5 days to pay
- Consequence: Warn that failure to pay will result in eviction proceedings in Circuit Court
- ATCP 134 Compliance: Ensure the notice does not violate consumer protection regulations
How to Serve in Wisconsin
Wis. Stat. Section 704.21 specifies acceptable service methods for eviction notices.
Personal Delivery
Hand-deliver to the tenant or an adult household member
Registered or Certified Mail
Send via registered or certified mail. Add 2-3 days for delivery
Post and Mail
Post on premises and mail via regular mail as a backup method
File Small Claims Eviction
After the notice period expires, file a Small Claims Eviction action in Circuit Court
Wisconsin Eviction Timeline
Days 1-5: Non-payment notice period. Day 6+: File Small Claims Eviction in Circuit Court ($94.50). Days 7-30: Court schedules hearing (5-25 days). Post-judgment: Writ of restitution issued; sheriff executes within 5-10 days.
Total uncontested: 4-7 weeks. The tenant may request a hardship stay of up to 30 days. Contested: 2-4 months. Milwaukee County has the highest volume.
Wisconsin Court Fees
Wisconsin Circuit Court fees are set statewide for small claims eviction actions.
| Fee / Cost | Typical Amount |
|---|---|
| Small Claims Eviction Filing | $94.50 |
| Service of Process | $25 - $50 |
| Writ of Restitution | $35 - $75 |
| Attorney Fees | $400 - $1,500 |
| Sheriff Lockout | $75 - $200 |
Sample Wisconsin 5-Day Notice
Below is a preview of a Wisconsin 5-day non-payment notice under Wis. Stat. §704.17(2)(b).
FIVE-DAY NOTICE TO PAY OR VACATE
STATE OF WISCONSIN
Pursuant to Wis. Stat. §704.17(2)(b)
TO TENANT(S):
Name: [Full Legal Name]
Address: [Wisconsin Property Address]
NOTICE
You have FIVE (5) DAYS to pay $[Amount] in unpaid rent or vacate. Failure to comply will result in filing a Small Claims Eviction action in Wisconsin Circuit Court.