Wisconsin Eviction Process & Laws: Landlord Guide

Understanding Wisconsin eviction laws is important for landlords who need to manage their rental properties effectively. Whether dealing with non-paying tenants or lease violations, knowing the steps involved and recent changes to Wisconsin eviction laws can help landlords handle evictions correctly and legally.

This guide provides a detailed overview of the Wisconsin eviction process, including legal grounds for eviction, how to serve notices properly, and what to expect throughout the process.

Key Takeaways

• In Wisconsin, several legal grounds for evicting a tenant exist, including non-payment of rent, lease violations, and illegal activities.
• Landlords must service an eviction notice before evicting a tenant.
• Wisconsin law stipulates specific eviction notice methods.
• If tenants refuse to leave, landlords must secure a Writ of Restitution before law enforcement can remove them.
• Use TurboTenant’s thorough tenant screening process to help you determine whether or not a tenant can fulfill their obligations and help you avoid lengthy eviction battles in the first place.

Valid Grounds for Eviction: Understanding Landlord Rights

In Wisconsin, landlords must have valid legal reasons to evict a tenant. These reasons are outlined in state law to protect both landlords’ and tenants’ rights. Common grounds for eviction include:

• Non-payment of rent: Perhaps the most common reason for eviction is non-payment. If a tenant fails to pay rent on time, landlords can issue an eviction notice, giving the tenant a specific period to pay the overdue amount or vacate the property. Wisconsin law requires landlords to provide a 5-day notice for non-payment of rent. If the tenant pays within this period, the eviction process stops; if not, the landlord can proceed with filing a complaint.
• Lease violations: Tenants who break the terms of their lease agreement, for example, by having unauthorized pets, causing property damage, or engaging in illegal activities, may face eviction. Landlords must give written notice detailing the lease violation and provide the tenant with time to address the problem or leave the property.
• Holdover tenants: Holdover tenants remain in a property after their lease has expired but have not signed a renewal. Landlords can serve an eviction notice to remove them from the property.
• No lease agreement: In cases where no formal lease is in place, such as month-to-month tenancies, landlords can still evict tenants by providing appropriate notice. Wisconsin eviction laws require a 28-day notice for month-to-month tenants. These four weeks allow them to vacate the property or face legal action.
• Illegal activities: Illegal activities such as drug-related offenses or criminal behavior provide grounds for eviction. Landlords can act immediately to protect their property and other tenants.

Initiating the Eviction Process: Filing a Complaint

Once a landlord determines that eviction is necessary, they must begin the legal process by filing a complaint with the court. Here are the steps involved:

1. Serve an eviction notice: Landlords are required to serve the tenant with an eviction notice before filing a complaint. This notice must adhere to Wisconsin eviction laws and clearly state the reason for the eviction, actions the tenant can take to fix the issue, and the time frame for compliance.
2. Prepare documentation: Gather all necessary documents, such as the lease agreement, proof of non-payment or lease violations, and copies of any communication with the tenant. You need thorough documentation to build a strong case in court.
3. File the complaint: Submit the eviction complaint to the appropriate county court. The complaint highlights eviction reasons, the steps already taken (such as serving notices), and any supporting evidence.
4. Serve the summons and complaint: After filing the complaint, landlords must serve the tenant with the summons and complaint. This notifies the tenant of the upcoming court date and gives them an opportunity to respond. Service must be done in accordance with Wisconsin law, using one of the legally recognized methods.

The timeline for these steps varies, but landlords should act quickly to move the process forward and avoid delays.

The Correct Way to Serve Eviction Notices

Correctly serving an eviction notice is a critical step in the eviction process. Wisconsin law outlines specific methods for serving eviction notices:

• In-person delivery: Directly hand the notice to the tenant.
• Substitute service: If the tenant is unavailable, leave the notice with a competent family member or adult residing with the tenant. The notice then must be mailed to the tenant at the last known address. This method of service may present several problems regarding proof of delivery.
• Posting and mailing: If personal delivery or substitute service is not feasible and the landlord has made reasonable attempts, the landlord may post the notice on the tenant’s door and mail a copy via certified mail.

After serving the notice, landlords should keep a copy and proof of service, such as a signed acknowledgment from the tenant or a mailing receipt. If the tenant does not respond or resolve the issue within the notice period, the landlord can proceed with filing a formal complaint.

Securing a Judgment for Possession

Landlords can seek a judgment for possession if a tenant doesn’t comply with an eviction notice.

There are a few steps:

1. File a motion for possession: Landlords must file a motion with the court to obtain a judgment for possession. This motion requests that the court officially grant the landlord the right to take back the property.
2. Attend the court hearing: The landlord and tenant will have the opportunity to present their cases at a court hearing. Landlords must bring all necessary documentation and evidence to support their eviction claims.
3. Obtain the judgment for possession: If the judge rules in the landlord’s favor, a judgment for possession will be granted. This judgment legally allows the landlord to reclaim the property from the tenant.

If the tenant disputes the eviction or presents a defense, the court may take additional time to review the case. Depending on the circumstances, the timeline for obtaining a judgment for possession can range from a few weeks to several months.

Taking Back Your Property: Post-Judgment Procedures

After securing a judgment for possession, landlords must follow specific steps to regain control of their property legally:

1. Request a Writ of Restitution: After receiving the judgment for possession, the landlord must request a Writ of Restitution from the court. This writ authorizes law enforcement to remove the tenant from the property.
2. Coordinate with law enforcement: Once the Writ of Restitution is issued, the landlord must work with local law enforcement to schedule the eviction. The sheriff or police will oversee the process to ensure it is conducted legally.
3. Conduct a final inspection: After the tenant has vacated, the landlord should thoroughly inspect the property to document its condition and assess any damage caused by the tenant.
4. Secure the property: Landlords should change locks and take other necessary measures to secure the property to prevent the evicted tenant from re-entering.

Landlords can typically regain possession of their property within a few days to a week after the Writ of Restitution is issued, depending on the availability of law enforcement and the case’s specific circumstances.

Eviction Process Timeline for Wisconsin Landlords

Understanding the timeline for each step of the eviction process can help landlords plan and manage the cost of eviction and expectations. Here’s a general timeline:

• Eviction notice period: 5 to 14 days, depending on the reason for eviction
• Filing a complaint: 1 to 2 days after the notice period ends
• Court hearing date: Typically scheduled 10 to 30 days after filing the complaint
• Judgment for possession: May be granted within a few days to weeks after the court hearing
• Writ of Restitution: Issued within 10 days after the judgment for possession
• Eviction Enforcement: Carried out by law enforcement within a few days to a week after the writ is issued

Evidence Management: Best Practices for Landlords

Maintaining thorough records and evidence is essential throughout the eviction process. Here are some best practices for landlords:

• Keep all documentation: Retain copies of lease agreements, eviction notices, correspondence with tenants, and other relevant documents.
• Document lease violations: Record any instances of lease violations, such as photos of property damage, unauthorized pets, or other infractions.
• Track rent payments: Keep detailed rent payment records, including dates, amounts, and any missed payments.
• Collect witness statements: If applicable, gather statements from neighbors or other witnesses who can provide evidence of the tenant’s behavior or lease violations.
• Utilize property management software: Consider using property management software to organize records, automate processes, and keep accurate documentation.

How TurboTenant Can Help with the Eviction Process

Sorting through Wisconsin eviction laws? Let TurboTenant streamline the process.

When landlords sign up for TurboTenant Premium, they gain access to our landlord forms pack that provides a pre-built Notice to Pay Rent or Quit form that can help you get the eviction process started.

And our partnership with EZ Evict USA can take the pressure of evicting a tenant off of you and put it in the hands of professionals who’ve successfully evicted tenants in Wisconsin and across the U.S.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

Wisconsin Eviction Process FAQ