Wisconsin Eviction Notice Overview
Wisconsin Uses 5-Day Notice, Not 3-Day
Under Wis. Stat. §704.17(1)(b), Wisconsin requires a 5-day notice for non-payment for month-to-month tenancies. A 3-day notice is not valid. Longer tenancies may require 30 days. Always verify the tenancy type to determine the correct notice period.
Wisconsin's eviction procedures are governed by Chapter 704 of the Wisconsin Statutes and the Residential Landlord-Tenant chapter (ATCP 134). For non-payment, §704.17(1)(b) requires a 5-day notice to pay or vacate for month-to-month tenancies. For tenancies of one year or longer, a 30-day notice may be required. A 3-day notice is not valid in Wisconsin.
Wisconsin evictions (called small claims eviction actions) are filed in circuit court. Milwaukee County has the highest volume, followed by Dane County (Madison) and Waukesha County. Wisconsin does not have rent control, but the state has specific rules about what can and cannot be included in lease agreements under ATCP 134 (the Wisconsin Consumer Protection regulations for residential tenancies).
5 Days
Pay or quit period
$45-$95
Filing fees
Written
Notice required
2-4 wks
Court process
Wisconsin Legal Requirements
Wisconsin's 5-day notice must comply with §704.17. The notice requirements are straightforward but must be followed precisely, as Wisconsin courts will dismiss improperly noticed cases.
Required Notice Elements
- Written Notice: Must be in writing per Wis. Stat. §704.17
- 5-Day Period: 5 days for month-to-month tenancies (30 days for year+ leases)
- Rent Amount: State the exact amount of rent past due
- Tenant Names: All tenants on the lease
- Property Address: Full address of the rental property
- Landlord Signature: Signed by the landlord or authorized agent
How to Serve an Eviction Notice in Wisconsin
Wisconsin allows personal delivery, leaving at the premises, and mailing. The service method affects when the notice period begins.
Determine the Tenancy Type
Month-to-month: 5 days. Year or longer: 30 days. The tenancy type determines the notice period.
Prepare the Notice
Complete all required fields. Verify the rent amount.
Serve the Tenant
Personal delivery, leave at the premises, or mail. Personal delivery is most reliable.
Document Service
Record date, time, and method for the court filing.
File Small Claims Eviction
After the notice expires, file a small claims eviction action in circuit court.
Wisconsin Eviction Timeline
After the notice expires, the landlord files a small claims eviction. Wisconsin circuit courts schedule hearings within 5-20 days. The tenant is served with a summons.
At the hearing, the court determines whether eviction is warranted. If the landlord prevails, a writ of restitution is issued. The sheriff enforces the writ.
Total time: 3-5 weeks (uncontested) or 5-10 weeks (contested). Milwaukee County may have longer wait times. Wisconsin's small claims eviction process is generally efficient.
Wisconsin Court Fees & Costs
Below are the typical costs associated with the eviction process in Wisconsin. Actual fees may vary by county.
| Fee / Cost | Typical Amount |
|---|---|
| Small Claims Filing | $45 - $95 |
| Service of Summons | $20 - $50 |
| Writ of Restitution | $20 - $50 |
| Attorney Fees (optional) | $400 - $1,500 |
| Sheriff Enforcement | $50 - $150 |
Sample Wisconsin Eviction Notice
Below is a preview of the Wisconsin-compliant eviction notice.
5-DAY NOTICE TO PAY OR VACATE
STATE OF WISCONSIN
Pursuant to Wis. Stat. §704.17
TO TENANT(S):
Name: [Full Legal Name]
Address: [Wisconsin Property Address]
RENT DEMAND:
Past-due rent: $[Amount]
Period: [Month/Year]
NOTICE
You have FIVE (5) DAYS from service to pay the full past-due rent of $[Amount] for [Month/Year] or vacate the premises. Failure to comply will result in the filing of a small claims eviction action in circuit court.