WI Eviction Tenants Rights

A landlord must go to small claims court to forcibly evict you.

Renters facing eviction in Wisconsin have rights and responsibilities set forth by the Wisconsin Landlord Tenant Law. If you are a renter facing eviction, seek legal counsel. Following is the basic process of eviction in Wisconsin and a renter's rights during that process.

Lease Termination

Landlords may terminate month-to-month rental agreements at will after providing notice 28 days prior to the rent due date. Six month and one-year leases terminate at the end of the lease, unless the agreement calls for renewal. In order to terminate a lease before it has ended, or to remove a month-to-month tenant without 28 days notice, a landlord must have a reason to evict you.

Reasons for Eviction

A landlord can evict you for failure to pay rent in full and on time, breaking your rental agreement, or if police have given written notice to your landlord that your unit is a nuisance under Wisconsin law.

Notice

If you are on a multiple month lease and have given your landlord reason to evict you, you can be served a five-day eviction notice. Once served this notice, you have the right to stop the eviction process by taking corrective action. For example, if notice was given for failure to pay rent, you can pay rent within five days and continue your tenancy.

If within 12 months you again give your landlord reason to evict you, a 14-day eviction notice may be given. At this point you have no right to take corrective action and the landlord can proceed with an eviction lawsuit.

Month-to-month tenants may be issued a five-day notice, with the right to take corrective action, or the irreversible 14-day notice, if there is cause for eviction. This is the landlord's choice.

Notice Expiration

You are not required to move out of the premises before the expiration of an eviction notice. When the notice expires, the landlord must then go to small claims court to enforce an eviction order. The landlord cannot forcibly remove you or your belongings from the premises, nor can the landlord take other actions to try to force you out such as cutting utilities or changing the locks.

Small Claims Court

If your landlord takes the case to small claims court, you will be served a summons. A summons is what calls you to court for a hearing. If you fail to show to an eviction hearing, you will lose your case.

At the hearing, both you and the landlord have the right to explain your case.

Only after a judge has ruled to evict you are you legally required to vacate the premises. Only the sheriff can enforce an eviction order.

Damages

If you are found to have wrongfully stayed at the premises after an eviction order, the landlord can seek damages of up to twice the amount of rent (prorated daily).

References

• The Wisconsin Way: A guide for landlord and tenants
• WI Department of Agriculture, Trade and Consumer Protection: Tenants right's and responsibilities