Wisconsin Non-Payment of Rent Notice Overview
Wisconsin requires a 5-day notice to pay rent or vacate under Wis. Stat. §704.17(2). If the tenant fails to pay within 5 days, the tenancy terminates automatically. The landlord then files a small claims action for eviction (possession) in the county where the property is located.
Wisconsin evictions are filed in Small Claims Court. Milwaukee County handles the highest volume in the state. Wisconsin's process is moderate-speed, with hearings typically within 10-20 days of filing.
5 Days
Notice period
$94
Avg. filing fee
Yes
Right to cure
3-5 wks
Court process
Wisconsin's 5-Day Notice Requirement
Under Wis. Stat. §704.17(2), when a tenant fails to pay rent when due, the landlord must deliver a written notice giving the tenant 5 days to either pay the full amount of rent owed or vacate the premises. The notice must clearly state the amount of rent due, the deadline for payment, and that the landlord will terminate the rental agreement if the tenant does not comply.
Wisconsin uses a 5-day notice for non-payment under Wis. Stat. §704.17(2). If the tenant pays within 5 days, the tenancy continues. Wisconsin evictions are filed in Small Claims Court. Milwaukee County handles the highest volume. Wisconsin has an eviction record sealing process for certain cases.
Wisconsin: 5-Day Notice Terminates Tenancy If Unpaid
Under Wis. Stat. §704.17(2), the 5-day notice gives the tenant 5 days to pay. If not paid, the tenancy terminates automatically at the end of the 5-day period—no court action is needed for termination, only for possession. This is important because it means even if the tenant tries to pay after 5 days, the landlord is not obligated to accept.
Wisconsin Legal Requirements (Wis. Stat. §704.17)
For the notice to be valid under Wisconsin law, it must meet specific requirements established by statute and interpreted by Wisconsin courts. A defective notice will result in dismissal of the eviction action, requiring the landlord to start the process over.
Required Notice Elements
- Written Format: The notice must be in writing. Verbal demands are not legally sufficient under Wisconsin law
- Exact Rent Amount: State the precise dollar amount of rent owed, broken down by period if applicable
- Cure Period: Clearly state the tenant has 5 days to pay the full amount or vacate
- Property Address: Include the full street address and unit number of the rental premises
- Tenant Names: List all tenants named on the lease who must be served with the notice
- Termination Warning: State that the rental agreement will terminate if rent is not paid within the notice period
- Landlord Information: Include the landlord's name, address, and contact information
Wisconsin Grace Period & Late Fee Rules
No statutory grace period. Understanding Wisconsin's specific rules about when rent becomes late and what fees can be charged is essential for properly timing and drafting the non-payment notice.
No statutory cap. Must be reasonable and in lease. Landlords should ensure all fee provisions are clearly documented in the lease agreement and comply with Wisconsin law.
Wisconsin Late Fee Quick Reference
Grace Period
No statutory grace period.
Late Fee Rule
No statutory cap.
Partial Payment
Does not cure. Wisconsin's notice terminates the tenancy.
Right to Cure
Yes.
How to Serve a Non-Payment Notice in Wisconsin
Wisconsin law specifies acceptable methods for delivering the notice. Improper service will invalidate the notice and require the landlord to start the process over, losing valuable time. Wisconsin courts require proof of proper service before proceeding with an eviction action.
Personal Delivery (Preferred)
Hand the notice directly to the tenant. This is the most reliable method and preferred by Wisconsin courts. Use a witness or process server to establish proof of service.
Substitute Service
If the tenant is not available, leave the notice with a person of suitable age and discretion residing at the premises. Document the name and relationship of the person who accepted it.
Post and Mail
Post the notice conspicuously on the main entrance of the unit and mail a copy via first-class mail. Both steps must be completed for valid service under this method.
Certified Mail
Send via certified mail with return receipt requested. Keep the return receipt as proof of delivery. The notice period begins when the tenant receives or signs for the mail.
File After Notice Expires
After the notice period passes without payment, file an eviction complaint in Wisconsin Small Claims Court. Include the original notice and proof of service with your filing.
Wisconsin Non-Payment Eviction Timeline
The Wisconsin eviction process for non-payment follows a structured timeline. Understanding this timeline helps landlords plan appropriately and set realistic expectations for regaining possession.
| Step | Timeframe |
|---|---|
| Serve 5-Day Notice to Pay or Vacate | Day 1 |
| Notice expires (tenancy terminates) | Day 6 |
| File small claims eviction | Day 6-8 |
| Summons served (5+ days before hearing) | Day 8-15 |
| Court hearing | Day 13-28 |
| Judgment for possession | Day 13-28 |
| Writ of restitution executed | Day 16-35 |
Total: 3-5 weeks. Milwaukee may be slower due to volume.
Wisconsin Eviction Filing Fees & Costs
Filing fees for eviction actions in Wisconsin vary by court. Below are typical costs landlords should expect.
| Fee / Cost | Typical Amount |
|---|---|
| Small Claims Court Filing Fee | $94 - $170 |
| Service of Process | $25 - $50 |
| Writ of Possession/Restitution | $25 - $75 |
| Attorney Fees (if hired) | $500 - $2,000 |
| Appeal (if needed) | $125 - $250 |
Sample Wisconsin 5-Day Non-Payment Notice
Below is a preview of our Wisconsin-specific non-payment notice. The final document includes all statutory language required under Wis. Stat. §704.17(2) and is formatted for Wisconsin court proceedings.
FIVE (5) DAY NOTICE TO PAY RENT OR VACATE
STATE OF WISCONSIN
Pursuant to Wis. Stat. §704.17(2)
TO TENANT(S):
Name(s): [All Tenants on Lease]
Property: [Full Wisconsin Property Address]
RENT DUE:
Total rent owed: $[Amount]for the period of [Month/Year].
WISCONSIN STATUTORY NOTICE:
You have FIVE (5) DAYS from service to pay the full rent of $[Amount] or vacate. If unpaid, your tenancy terminates automatically on the 6th day. The landlord will then file for eviction in Wisconsin Small Claims Court.