Wisconsin Eviction Notice Overview
Wisconsin uses a 5-day notice for non-payment of rent under Wis. Stat. Section 704.17. For month-to-month tenancies, the notice must be for at least 5 days. For longer-term leases, a 14-day notice may be required. Cases are filed in small claims court.
Understanding the correct notice period is critical for Wisconsin landlords. Using a 5-day notice when the law requires a different period will result in the court dismissing the eviction case, costing the landlord additional time and filing fees. Always verify the current Wisconsin statutory requirements before serving any eviction notice.
5 days
Actual notice period
$94 - $130
Court filing fee
Small
Court type
4-8 Wks
Total process
Wis. Stat. Section 704.17: Wisconsin's 5-Day Notice Requirement
Wisconsin Is a True 5-Day Notice State
Wisconsin explicitly requires a 5-day notice for non-payment of rent under Wis. Stat. Section 704.17. This is the correct notice period for Wisconsin landlords dealing with tenants who have failed to pay rent when due.
Wisconsin is among the states that use a genuine 5-day notice period for non-payment, alongside Arizona, Delaware, Hawaii, Illinois, Oklahoma, and others. The 5-day notice requirement in Wisconsin applies to the most common eviction scenario: non-payment of rent. Other eviction grounds (lease violations, month-to-month terminations) may require different notice periods under Wisconsin law.
The 5-day notice period applies specifically to non-payment of rent. Other eviction grounds (lease violations, month-to-month terminations) may require different notice periods under Wisconsin law. Always verify the specific notice type needed for your situation.
Wisconsin Legal Requirements for Eviction Notices
To withstand judicial scrutiny in Wisconsin Small Claims Court, your eviction notice must contain all elements required by state law. Missing even one required element gives the tenant grounds to challenge the notice.
Required Notice Contents
- Tenant Names: Full legal names of all adult tenants on the lease agreement
- Property Address: Complete address including unit number, city, and Wisconsin county
- Amount Owed: For non-payment cases, specific dollar amount of rent due plus any lawful late fees
- Notice Period: Clear statement of the 5 days period to pay or vacate as required by Wis. Stat. Section 704.17
- Consequences: Warning that failure to pay or vacate will result in eviction proceedings in Small Claims Court
- Landlord Information: Name, signature, and contact information of the landlord or property manager
- Date of Service: The date the notice is delivered, which starts the 5 days clock
How to Serve an Eviction Notice in Wisconsin
Proper service of the eviction notice is essential under Wisconsin law. Small Claims Court judges regularly dismiss cases where the landlord cannot demonstrate proper service.
Personal Hand-Delivery (Preferred)
Deliver the notice directly to the tenant in person. Bring a witness or use a process server for documentation. This is the method Wisconsin courts trust most.
Substituted Service
If the tenant is not available, leave the notice with a competent adult (18+) residing at the property. Record the name and date of service.
Post and Mail
Post the notice on the main entry door and mail a copy via first-class or certified mail. Use this as a last resort when personal delivery fails.
Document Everything
Prepare a proof of service affidavit recording the date, time, method, and witnesses. Wisconsin courts require this when filing the eviction complaint.
File After Notice Period Expires
Once the 5 days period expires without payment or vacancy, file the eviction complaint at the Small Claims Court in the jurisdiction where the property is located.
Wisconsin Eviction Timeline
The eviction process in Wisconsin follows a specific timeline from notice to enforcement. A typical uncontested eviction takes approximately 4-8 Wks from the date the notice is served. Contested cases can take significantly longer.
After the 5 days notice period expires and the complaint is filed, the court schedules a hearing. At the hearing, the judge reviews the notice, lease, and proof of service. If the landlord prevails, the court enters a judgment for possession.
Following the judgment, the tenant has a limited time to appeal or vacate. If the tenant does not leave voluntarily, the landlord obtains a writ of possession, and the sheriff or constable enforces the removal. Self-help evictions are illegal in Wisconsin and can expose the landlord to substantial liability.
Wisconsin Eviction Filing Fees & Costs
Below are the typical costs associated with the eviction process in Wisconsin. Actual fees may vary by county and specific circumstances.
| Fee / Cost | Typical Amount |
|---|---|
| Small Claims Court Filing Fee | $94 - $130 |
| Service of Process | $25 - $75 |
| Writ of Possession | $25 - $100 |
| Attorney Fees (Uncontested) | $400 - $2,000 |
Sample Wisconsin Eviction Notice
Below is a preview of the Wisconsin-specific eviction notice using the correct 5 days notice period required by Wis. Stat. Section 704.17.
NOTICE TO PAY RENT OR QUIT
STATE OF WISCONSIN
Pursuant to Wis. Stat. Section 704.17
TO TENANT(S):
Name(s): [All Tenant Names]
Address: [Full Wisconsin Address]
NOTICE:
You are notified that rent in the amount of $[Amount] is past due. Pursuant to Wis. Stat. Section 704.17, you have 5 DAYS from the date of service to pay the total amount due or surrender possession.
WISCONSIN COMPLIANCE
This notice complies with Wisconsin law under Wis. Stat. Section 704.17. The 5-day period is the statutory requirement for non-payment of rent in Wisconsin.