What is the eviction process in Wisconsin?
1. Statutory Framework. Wisconsin eviction is a Small Claims action under Wis. Stat. Ch. 799, with substantive notice and termination rules at Wis. Stat. § 704.17 and ATCP 134 (Consumer Protection - Residential Rental Practices).
2. Pre-Filing Notice. For a month-to-month or periodic tenancy, nonpayment requires a 5-day notice to pay or quit (Wis. Stat. § 704.17(1p)(a)) or a 14-day unconditional notice. A second nonpayment in 12 months allows a 14-day unconditional notice. For a tenancy for one year or less, the 5-day pay-or-quit and 14-day unconditional options apply (§ 704.17(2)(a)). Year-to-year or longer requires 30-day notice and an opportunity to cure. Lease breach requires 5-day cure or quit.
3. Filing the Complaint. File the Eviction Summons and Complaint (Form SC-500) in the small claims division of the circuit court where the property is located. Filing fee is approximately $94.50.
4. Tenant Answer / Default. Tenant must appear on the return date (5-25 days after filing). No written answer required at the return date; if contested, a trial date is set.
5. Hearing. Court holds a return-date hearing, then trial. Defenses include statutory and common-law warranty of habitability (Wis. Stat. § 704.07; Pines v. Perssion, 14 Wis. 2d 590), retaliation (Wis. Stat. § 704.45), and federal/state Fair Housing Act discrimination.
6. Writ of Possession. Writ of restitution issues after 10 days from judgment (or 30 days if tenant requests extension under Wis. Stat. § 799.45). Sheriff executes the writ.
7. Self-Help Prohibition. Wis. Stat. § 704.05(5) and ATCP 134.09 prohibit self-help lockouts, utility shutoffs, and removal of property. Tenants may recover double damages and reasonable attorney's fees under Wis. Stat. § 100.20(5).
8. CARES Act. Federally-backed properties require a 30-day notice to vacate under 15 U.S.C. § 9058 prior to nonpayment filings.
9. Just-Cause. Wisconsin has no statewide just-cause and 2011 Wis. Act 108 / Act 76 preempt local landlord-tenant regulations.
This is legal information, not legal advice.
- Tenant raises ATCP 134 violations (security deposit, disclosure) as counterclaim
- Subsidized or tax-credit housing eviction
- Tenant has filed code enforcement complaint and faces retaliation defense
- Wis. Stat. Ch. 799
- Wis. Stat. § 704.17
- ATCP 134
- 15 U.S.C. § 9058
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.