Wisconsin Eviction Process: Notice Periods, Timeline, and Costs
Every step a Wisconsin landlord has to take to remove a tenant legally, how long each one takes, and the mistakes that force you to start over. Last reviewed 2026-08-21.
Before anything else: eviction in Wisconsin is a court process. You cannot change the locks, shut off utilities, or remove a tenant’s belongings to force them out, no matter how far behind they are. Doing so is the most expensive mistake a small landlord can make.
Step 1: Serve the right notice
Wisconsin ties the notice period to the type of tenancy. For a month-to-month or week-to-week tenancy, Wis. Stat. § 704.17(1p) allows a five-day notice to pay or vacate, or alternatively a 14-day notice to vacate with no right to cure. For a lease of one year or less or a year-to-year tenancy, § 704.17(2) requires a five-day pay-or-vacate notice for the first default, but a second nonpayment within 12 months supports a 14-day notice terminating the tenancy with no cure right. For a lease of more than one year, § 704.17(3) requires 30 days. Service must follow § 704.21 — personal delivery, leaving a copy with a family member at least 14 years old, leaving it with someone in charge plus mailing, posting plus mailing, or registered or certified mail, which is not effective until the second day after mailing.
A material breach other than nonpayment gets a five-day notice to remedy or vacate under § 704.17, and a repeat of the same or a similar breach within 12 months supports a 14-day notice to vacate with no opportunity to cure. Criminal activity that threatens health or safety, or drug-related criminal activity, allows a five-day notice with no cure right under § 704.17(3m), which does not apply to a tenant who was the victim of that activity.
Ending a month-to-month tenancy with no cause
Wis. Stat. § 704.19 requires at least 28 days' written notice to end a month-to-month tenancy, not 30. The notice may only terminate the tenancy at the end of a rental period, so a notice given mid-month generally ends the tenancy at the close of the following month. The notice must be in writing and substantially inform the tenant of the intent to terminate and the termination date. Wisconsin has no statewide just-cause requirement.
Step 2: File with the court
Eviction actions are filed as small claims in the circuit court for the county where the property is located, regardless of how much rent is owed. The total filing fee is $94.50 statewide and $98 in Milwaukee County, plus $5 to $15 per defendant for clerk-mailed service or more for a process server or sheriff.
Evictions run under Wisconsin's small claims procedure in chapter 799, so the tenant appears on the return date printed on the summons rather than filing a written answer first. The return date is set not less than five nor more than 25 days from issuance, and the summons must be served at least five days before that date.
How long the whole thing takes
Five to 28 days of notice depending on the ground, a return date five to 25 days after the summons issues, and then a writ of restitution the court must order immediately upon finding for the landlord. The sheriff cannot execute a writ received more than 30 days after issuance, and the court may stay issuance up to 30 days for hardship if the tenant keeps paying, which is the usual reason cases run long.
What you absolutely cannot do
Wisconsin Administrative Code ATCP 134.09(7) prohibits a landlord from excluding, forcibly evicting, or constructively evicting a tenant by any means other than the chapter 799 eviction procedure, which rules out lock changes and shutting off heat, water or electricity. ATCP 134.09 also bars seizing or holding a tenant's personal property except as a statute allows or under a properly executed nonstandard rental provision the tenant initialed. Because ATCP 134 is a consumer protection rule, a violation exposes you to the tenant's actual damages doubled plus reasonable attorney's fees, which is a far more expensive outcome than simply filing the eviction.
What Wisconsin landlords get wrong
Wisconsin's notice periods depend on the length of the tenancy and on whether this is a repeat default, and that is where most mistakes happen. Sites that publish a flat 'five-day notice for nonpayment' are wrong for leases of more than one year, which require 30 days, and they miss the 14-day no-cure notice that a second default within 12 months unlocks. The 28-day no-cause notice is also routinely reported as 30 days; use 28, and remember it can only terminate at the end of a rental period. Service under § 704.21 is equally exacting — registered or certified mail is not effective until the second day after mailing, and posting is only allowed after reasonable efforts at the other methods have failed. Landlords can and do appear for themselves in small claims court, but a business entity has limited rights to appear through a non-lawyer.
The law itself
Frequently asked questions
Is a Wisconsin nonpayment notice 5 days or 14 days?
It depends. For month-to-month tenancies and leases of one year or less, the first default gets a five-day pay-or-vacate notice, or you may choose a 14-day notice to vacate with no cure right. A second nonpayment within 12 months supports a 14-day no-cure notice. Leases of more than one year require a 30-day notice under Wis. Stat. § 704.17(3).
Why is Wisconsin's no-cause notice 28 days and not 30?
Because Wis. Stat. § 704.19 says 28 days. Many national guides round it to 30, which is not fatal since it is longer, but the more important rule is that the notice can only terminate the tenancy at the end of a rental period. A notice given mid-month therefore normally ends the tenancy at the close of the following month.
How do I properly serve an eviction notice in Wisconsin?
Wisconsin Statute § 704.21 allows personal delivery, leaving a copy with a family member at least 14 years old at the tenant's home, leaving it with someone in charge at the property plus mailing, posting conspicuously plus mailing after reasonable efforts fail, or registered or certified mail. Certified mail is not effective until the second day after mailing, so build that into your dates.
How long does an eviction take in Wisconsin?
Roughly four to seven weeks uncontested. You have five to 28 days of notice depending on the ground, a small claims return date five to 25 days after the summons issues, and then a writ of restitution the court orders immediately upon judgment. The sheriff cannot execute a writ received more than 30 days after issuance, and courts may stay issuance up to 30 days for hardship.
Keep reading
The best eviction is the one you never file.
Vantric tracks rent, late payments, and lease dates so problems surface early — while they are still a conversation, not a court date.
Start Free TrialThis page is general information, not legal advice. Eviction procedure is unforgiving of small errors and varies by county. Verify against the official statute text linked above, and talk to a local attorney before you file.