Wisconsin 60-Day Notice Overview
Wisconsin does not require a 60-day notice for standard residential tenancy terminations. Under Wis. Stat. 704.19, a month-to-month tenancy can be terminated with at least 28 days notice. The notice must be given at least 28 days before the next rent due date. Wisconsin uses 28 days rather than the 30 used by most states.
Wisconsin provides moderate tenant protections. The state has no statewide rent control, but some municipalities (particularly Madison) have discussed additional protections. Security deposits are capped at one month's rent for most tenancies under ATCP 134.06. The deposit must be returned within 21 days. Wisconsin's eviction process through Small Claims Courts is moderately efficient.
28 Days
Statutory default
$50-$90
Court filing fees
Written
Notice required
2-4 wks
Court process
When a 60-Day Notice Applies in Wisconsin
Since Wisconsin's statutory default for month-to-month termination is 28 days, understanding when a 60-day notice is actually required or advisable is essential for landlords.
Lease-Required Extended Notice
Many Wisconsin property managers include 60-day non-renewal clauses. The contractual obligation overrides the 28-day minimum under Wis. Stat. 704.19.
WHEDA Programs
Federal Section 8 programs administered through the Wisconsin Housing and Economic Development Authority (WHEDA) and local PHAs like the Milwaukee Housing Authority frequently require 60-90 days notice.
Milwaukee and Madison Markets
Milwaukee and Madison have competitive rental markets, particularly near universities (UW-Madison, Marquette, UW-Milwaukee). Providing 60 days gives long-term tenants adequate relocation time.
Wisconsin Legal Requirements
Wisconsin's landlord-tenant statutes establish specific requirements for termination notices that must be followed precisely.
Wisconsin 28-Day Notice Period
Wisconsin uses a 28-day notice period rather than the 30 days used by most states. Under Wis. Stat. 704.19, the notice must be given at least 28 days before the next rent due date. For year-to-year tenancies, 120 days notice is required. Landlords should be careful to calculate the 28-day period correctly — it is not a full calendar month. The Wisconsin ATCP 134 administrative code also governs security deposits and other landlord-tenant matters.
Notice Content Requirements
- Written Notice: Wis. Stat. 704.19 requires written notice. Oral notice is insufficient under Wisconsin law
- Tenant and Property ID: Include all tenant names from the lease and the complete property address including city/village/town, county, and ZIP code
- Termination Date: State the exact date at least 60 days from service (exceeds the 28-day statutory minimum)
- Landlord Contact: Include the landlord or property manager name, Wisconsin mailing address, and telephone number
- Security Deposit Reference: ATCP 134.06 requires return of the deposit within 21 days with an itemized statement. Deposits generally limited to one month's rent
How to Serve a 60-Day Eviction Notice in Wisconsin
Proper service is critical in Wisconsin. If the landlord cannot prove the notice was properly delivered, the court will dismiss the eviction action.
Prepare the Notice
Draft using a Wisconsin-specific template referencing Wis. Stat. 704.19. Include all tenant names, property address, and the 60-day termination date
Personal Delivery (Preferred)
Hand-deliver to the tenant at the rental premises. Wisconsin courts prefer personal service. Use a process server or witness
Certified Mail Alternative
Send via certified mail with return receipt. Wisconsin accepts mailed service for landlord-tenant notices
Complete Proof of Service
Document date, time, method, and location of service. Keep certified mail receipts and return cards for court proceedings
File Small Claims Eviction Action
After 60 days expire without the tenant vacating, file an eviction action in Small Claims Court where the property is located
Wisconsin Eviction Timeline
Wisconsin's eviction process is filed in Small Claims Court under Wis. Stat. 799. After filing, the court issues a summons. The return date is typically 5-14 days from service.
At the hearing, both parties present evidence. If the landlord prevails, the court issues a judgment for eviction. The tenant has a brief period to vacate. The sheriff enforces removal if the tenant remains.
Total court timeline: 2-4 weeks uncontested, 4-8 weeks contested. Milwaukee County and Dane County (Madison) have the heaviest caseloads. Combined with the 60-day notice period, the full process spans 10-16 weeks.
Wisconsin Filing Fees & Costs
Eviction costs in Wisconsin vary by county and court type. Below are typical expenses.
| Fee / Cost | Typical Amount |
|---|---|
| Small Claims Court Filing | $50 - $90 |
| Service of Process | $25 - $60 |
| Attorney Fees | $500 - $1,500 |
| Writ of Restitution | $20 - $40 |
| Sheriff Enforcement | $50 - $150 |
Sample Wisconsin 60-Day Notice
Below is a preview of our Wisconsin-specific 60-day termination notice template.
60-DAY NOTICE OF TERMINATION
STATE OF WISCONSIN
Pursuant to Wis. Stat. 704.19
LANDLORD / PROPERTY OWNER:
Name: [Full Legal Name]
Address: [Wisconsin Mailing Address]
TENANT(S):
Name(s): [All Tenant Names]
Rental Address: [Full Property Address]
NOTICE OF TERMINATION:
You are hereby notified that your tenancy at the above premises will terminate on[Date — 60 days from service]. You must vacate and surrender possession by that date.
WISCONSIN COMPLIANCE NOTE
Your security deposit will be returned within 21 days of vacating per ATCP 134.06, with an itemized statement of deductions. Please provide a forwarding address upon vacating.