Wisconsin Laws on Banks & House Evictions
If you're renting a house in Wisconsin, you can be evicted from that home regardless of who owns the home or who is your landlord. All evictions in Wisconsin have to comply with the state's eviction laws that protect the rights of a tenant by requiring the landlord to follow specific steps. You should talk to a Wisconsin attorney if you need legal advice about eviction laws in the state.
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Eviction
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House evictions are no different than apartment or other rental property evictions in Wisconsin. Wisconsin evictions, sometimes known as unlawful detainer lawsuits, have to comply with specific state laws regardless of the kind of residential rental property involved. These laws, known as landlord-tenant laws, also apply regardless of who the landlord is. If a bank, for example, is the landlord, the bank must go through the same eviction process as an individual landlord.
Eviction Notice
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If a tenant violates the terms of the lease in Wisconsin, the landlord may, but is not required to, begin the eviction process by delivering a notice to the tenant of the lease violation and the landlord's intent to evict. The Tenant Resource Center, a nonprofit tenant resource organization in Wisconsin, reports that the landlord has to give a tenant a notice stating that the tenant has at least five days to remedy any violation.
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Eviction Process
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Once the time to remedy has expired, the landlord can then file an eviction lawsuit. The landlord has to fie the lawsuit in the Wisconsin court in the county in which the tenant lives and then notify the tenant that he has filed the lawsuit by sending a summons that tells the tenant about the lawsuit and the court date. The tenant has the right to appear in court and present a defense; but if the landlord prevails, the court will issue a judgment that allows the landlord to order the county sheriff to remove the tenant from the property.
Foreclosure
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A foreclosure is quite different than an eviction, and involves different laws in Wisconsin. A foreclosure is when a creditor, sometimes a bank, repossesses the property after the homeowner-borrower has failed to repay the mortgage. Wisconsin foreclosures typically begin when the lender files foreclosure documents in the Wisconsin courthouse in the county in which the property is located. Once the court rules in favor of a lender, only then can the lender take possession of the home and sell it.
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