Renters' Eviction Rights in Rock County, Wisconsin

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Tenants' rights in Rock County are protected by Wisconsin state laws covering all renters. The most important right, of which you should be aware, is that no one can be served a notice of eviction except by court order signed by a judge. You cannot be removed from your apartment or house without some stringent procedures being followed. Some counties have stricter laws than those of the state but that is not the case in Rock County.

Tenants' Rights

You can't be evicted for anything less than a serious violation of your lease. You have the right to fix the problem or negotiate with the landlord while remaining in your residence. A written notice of eviction must be given to you or to a member of your family over the age of 14. The landlord does not have the right to forcibly remove you, seize your property, change the locks or turn off utilities.

Evictions Without Legal Basis

If you feel that there is no legal reason for serving you a notice of eviction, you do not need to vacate. You have the right to a trial in small claims court. The landlord must pay the filing fee and present proof of the alleged lease violation, along with evidence that all proper notifications were given. A judge will dismiss any case involving discrimination or retaliation against you. The right to evict may also be denied if you are physically or mentally handicapped, but decisions will be made on a case-by-case basis.

Types of Notices

If you receive a five-day notice for late rent or violation of lease, you have five days to take steps toward resolving the issue. A 14-day notice requires that the apartment be vacated within two weeks. There is no option to negotiate with the landlord or settle the issue. The 14-day notice can be given only to those who rent week-to-week or month-to-month or to a tenant who has received a five-day violation in the previous 12 months. You may see a 30-day notice if your lease runs for a year or more, in which case, you have 30 days to stop breaking the rules.

Rock County Eviction Procedure

A Writ of Restitution, completed by the landlord, must be received by the county sheriff's office within 30 days of your receipt of notice to evict. Once it is accepted, it remains active for 10 business days. It includes signatures of the court commissioner, judge and clerk of courts. If the court has ordered time for you to move out, the writ cannot be presented until such time has passed. A deputy will carry out the writ, which permits your ejection from the residence. The landlord is barred from entering your home the day of eviction but must accompany the deputy. If your property is removed by the landlord or a county-approved moving company, you will be provided with the location of storage and charges for transport.

References

• State Bar of Wisconsin: Landlord/Tenant Law: Answering Your Legal Questions
• Find Law: Tenant Eviction: What You Should Know as a Renter
• Rock County Sheriff's Office Civil Process Division: Procedure for Eviction by Landlords
• Tenant Resource Center: Tenent Resource Center Services
• Tenant Resource Center: Eviction