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What is the eviction process in Wisconsin?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Wisconsin eviction is governed by Wis. Stat. § 704.17 (notice) and Chapter 799 (small claims procedure).

1. Notice

  • Nonpayment, tenancy under 1 year or month-to-month: 5-day notice to pay or quit (Wis. Stat. § 704.17(1)(a) and (2)(a)). Tenant may cure within 5 days.
  • Second nonpayment within 12 months: 14-day unconditional quit notice (§ 704.17(1)(b) and (2)(b)).
  • Tenancy of 1 year or more: 30-day notice for nonpayment is alternative; or 5-day with right to cure (§ 704.17(2)(a)).
  • Lease breach: 5-day notice to remedy or quit (§ 704.17(1)(b)). Second material breach within 12 months — 14-day unconditional quit.
  • Criminal activity / drugs / nuisance: 5-day unconditional quit (§ 704.17(3m)).

    • 2. Filing in Small Claims

    Landlord files an eviction summons and complaint in the Small Claims Court (Circuit Court small claims division) of the county where the property sits. Filing fee is approximately $94.50.

    3. Service and First Return Date

    Summons must be served at least 8 days before the first return date. The return date itself is set 8-30 days after filing.

    4. First Court Date

    First appearance is the return date. If tenant denies the allegations, court schedules a contested hearing typically within 30 days. Either party may demand a jury (additional fees).

    5. Judgment and Writ of Restitution

    If landlord wins, court issues a writ of restitution. Sheriff must execute within 10 working days after delivery (Wis. Stat. § 799.45). Tenant gets at least 24 hours posted notice.

    6. Sheriff Lockout

    Sheriff conducts the eviction, removing tenant. Personal property must be stored or disposed of per § 704.05.

    7. Tenant Defenses

    Landlord's failure to maintain (Wis. Stat. § 704.07), retaliation (§ 704.45 — limited to specific violations), illegal self-help eviction (§ 704.95 — civil penalties), security deposit violations (Wis. Admin. Code ATCP 134), and improper notice.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You receive a 14-day unconditional quit
    • Landlord violated security deposit rules
    • Property has serious habitability defects
    Related Statutes & Laws
    • Wis. Stat. § 704.17
    • Wis. Stat. § 704.07
    • Wis. Stat. § 704.45
    • Wis. Stat. § 704.95
    • Wis. Stat. § 799.45

    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.