Wisconsin Eviction Notice Overview
Wisconsin does not use a 7-day eviction notice. Under Wis. Stat. 704.17(2), landlords must give a 5-day noticefor non-payment of rent for month-to-month tenancies. For tenants with leases of one year or more, a 14-day notice is required. Wisconsin evictions (called 'eviction actions' since 2018) are filed in Small Claims Court.
Wisconsin's landlord-tenant law is found in Wis. Stat. Chapter 704 (Landlord and Tenant) and Chapter 799 (Small Claims). Wisconsin has 72 counties with Small Claims Court divisions. Milwaukee County and Dane County (Madison) handle the highest volumes. Wisconsin renamed the process from 'small claims eviction' to 'eviction action' in 2018.
5 Days
Notice period
$95 - $115
Filing fee
WI Code
Governing law
Small Claims
Court level
Why Wisconsin Uses 5 Days, Not 7
Wisconsin Uses 5 Days (Monthly) or 14 Days (Yearly Lease)
Wis. Stat. 704.17(2) requires 5 days notice for month-to-month tenants and 14 days for tenants with leases of one year or more. A 7-day notice is not the standard form for either category in Wisconsin.
Wisconsin Notice Periods at a Glance
- 5-Day Notice — Non-Payment (Month-to-Month): 5 days for month-to-month or shorter-term tenancies
- 14-Day Notice — Non-Payment (Year+ Lease): 14 days for leases of one year or more
- 14-Day Notice — Lease Violations: 14 days for material breach of the lease
- 28-Day Notice — Month-to-Month Termination: 28 days to terminate periodic tenancy
Wisconsin Notice Requirements
Wisconsin courts require that eviction notices meet specific content and format standards. An incomplete or incorrectly timed notice will result in dismissal of the eviction case.
Required Notice Content
- Property Address: Full address including unit number, city, and zip code
- Tenant Names: All tenants named on the lease or rental agreement
- Amount Owed or Violation: Exact dollar amount of rent due, or specific description of the lease violation
- Correct Notice Period: 5 days for non-payment as required by Wisconsin law
- Consequence Statement: That eviction proceedings will be filed if the tenant does not cure or vacate
- Landlord Information: Name and contact information of the landlord or property manager
How to Serve an Eviction Notice in Wisconsin
Wisconsin law provides specific methods for serving eviction notices. Proper service and documentation are essential for the court filing.
Personal Delivery
Hand-deliver to the tenant.
Posting on Premises
Post on the door and mail a copy.
Certified Mail
Send via certified mail.
Document Service
Prepare proof of service for Small Claims Court.
Wisconsin Eviction Timeline
The Wisconsin eviction process follows a specific timeline from notice through court proceedings to enforcement.
Serve 5-day or 14-day notice per Wis. Stat. 704.17(2)
File eviction action in Small Claims Court
Court serves summons; hearing set within 5-25 days
Hearing held; judgment entered
Writ of restitution issued; sheriff enforces
Wisconsin evictions take 4-6 weeks uncontested. Contested cases take 6-12 weeks. Milwaukee may have longer timelines. Wisconsin requires a mandatory appearance for both parties at the initial hearing.
Wisconsin Eviction Fees & Costs
Below are the typical costs for an eviction proceeding in Wisconsin Small Claims Court. Actual fees may vary by county.
| Fee / Cost | Typical Amount |
|---|---|
| Small Claims Filing Fee | $95 - $115 |
| Service of Process | $25 - $50 |
| Writ of Restitution | $25 - $50 |
| Attorney Fees (optional) | $500 - $2,000 |
| Appeal Filing Fee | $150 |
Sample Wisconsin Eviction Notice
Below is a preview of a Wisconsin-compliant eviction notice that meets the requirements of Wis. Stat. 704.17.
5-DAY NOTICE TO PAY RENT OR VACATE
STATE OF WISCONSIN
Pursuant to Wis. Stat. 704.17(2)
LANDLORD:
Name: [Full Legal Name]
Address: [Wisconsin Address]
TENANT(S):
Name(s): [All Tenant Names]
Rental Address: [Full Property Address]
NOTICE:
You have FIVE (5) DAYS to pay $[Amount] in full or vacate (for month-to-month tenancies).
WISCONSIN COMPLIANCE NOTE
Wisconsin requires 5 days for month-to-month non-payment or 14 days for yearly leases (704.17(2)). Not 7 days.