In Wisconsin, every eviction goes through small claims court, no matter how much rent is owed [2]. The landlord must give the right written notice, win a judgment, and have the sheriff carry out a writ of restitution [1][2].
At a glance
- Notice for unpaid rent
- 5 days to pay or move, for most tenants [1]
- Repeat rent default in a year
- 14-day notice to vacate, no chance to pay [1]
- First court date
- 5 to 25 days after summons issues [2]
- Appeal
- Within 15 days of judgment [2]
- Sheriff
- Executes the writ within 10 days of receiving it [2]
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Landlord gives a written notice 5, 14 or 30 days
For unpaid rent, most tenants get a 5-day notice to pay or move. A second rent default within a year can bring a 14-day notice to vacate with no chance to pay. Tenants with a lease longer than one year get 30 days to pay or fix the problem.
Wis. Stat. § 704.17
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Landlord files an eviction in small claims court After the notice runs out
Evictions in Wisconsin go through small claims court no matter how much rent is claimed. The landlord files a written complaint describing the property and the facts.
Wis. Stat. §§ 799.01, 799.41
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Summons served At least 5 days before the return date
The return date (first court date) is 5 to 25 days after the summons is issued, and the tenant must be served at least 5 days before it. If personal service fails, the landlord can post and mail under the rules in s. 799.16.
Wis. Stat. §§ 799.05(3), 799.16
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Return date and trial Trial within 30 days if contested
If the tenant appears and raises a defense, the court must hold and finish a trial on possession within 30 days of the return date, unless both sides agree otherwise. No adjournments are granted in evictions without cause or the landlord's consent.
Wis. Stat. §§ 799.20(4), 799.27
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Judgment and writ of restitution Writ ordered at judgment
If the landlord wins, the court orders a writ of restitution at the same time. The court can stay the writ up to 30 days for hardship if the tenant pays rent owed and the value of the stay. The writ can't be executed if the sheriff receives it more than 30 days after it's issued.
Wis. Stat. § 799.44
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Sheriff carries out the writ Within 10 days of receiving it
The sheriff removes the occupants and, unless the landlord takes charge of it, removes and stores the tenant's belongings. The sheriff must mail the tenant notice of where the property went within 3 days.
Wis. Stat. § 799.45
Which notice applies
Wisconsin’s notice periods depend on the kind of tenancy and how many times there’s been a problem [1]:
- Month-to-month or week-to-week tenants: a notice to pay rent or move out in at least 5 days. A landlord can instead give a 14-day notice to vacate to a month-to-month tenant who is behind on rent [1].
- Leases of one year or less, and year-to-year tenancies: 5 days to pay or vacate. A tenant who defaults on rent again within one year can get a 14-day notice to vacate with no chance to pay [1].
- Leases longer than one year: at least 30 days to pay, repair or comply [1].
- Other breaches or damage: 5 days to fix the problem or move, and 14 days to vacate for a repeat breach within a year [1].
- Criminal or drug activity: a 5-day notice to vacate with no chance to cure. It doesn’t apply to a tenant who is the victim of the crime [1].
| Step | Rule |
|---|---|
| Pay-or-vacate notice (most tenants) | 5 days |
| Notice to vacate, repeat default | 14 days |
| Lease longer than one year | 30 days to pay or comply |
| Return date after summons issues | 5 to 25 days |
| Service before return date | At least 5 days |
| Contested trial on possession | Within 30 days of the return date |
| Hardship stay of the writ | Up to 30 days |
| Appeal | 15 days after judgment |
| Sheriff executes the writ | Within 10 days of receiving it |
The court case
The landlord files a written complaint describing the property and the reasons for removal [2]. The return date, the first court date, must be 5 to 25 days after the summons is issued, and the tenant must be served at least 5 days before it [2]. If the tenant can’t be served in person, the landlord can post the papers on the home and mail a copy, on the timeline the statute sets [2].
A tenant can answer orally or in writing and can raise counterclaims related to the rental [2]. If the tenant shows up and has a defense, the court must hold and finish a trial on possession within 30 days of the return date, unless both sides agree otherwise [2]. In evictions, the court doesn’t grant postponements unless there’s good cause or the landlord agrees [2].
Judgment and the writ
When the landlord wins, the court enters judgment for possession and orders a writ of restitution at the same time [2]. The writ can’t be executed if the sheriff receives it more than 30 days after it’s issued [2].
Hardship stay. At judgment, a tenant can ask the court to delay the writ for up to 30 days in a hardship case [2]. The tenant must pay all rent and charges due at judgment and the reasonable value of staying during the stay. The court can also require a bond [2].
Emergency assistance. If a tenant applies for emergency assistance before a writ is issued, the court must pause the case until eligibility is decided and, if approved, until the help arrives. The pause can’t run more than 10 working days [2].
Appeal
An appeal in an eviction must be started within 15 days of the judgment [2]. An appeal doesn’t stop the eviction unless the tenant files an undertaking, with surety the judge approves, promising to pay appeal costs and all rent that comes due while the appeal is pending [2].
The sheriff
The sheriff must carry out the writ and perform all related duties within 10 days of receiving it [2]. The sheriff removes the occupants and, unless the landlord takes charge of the property, removes and stores the tenant’s belongings [2]. Within 3 days, the sheriff must mail or hand the tenant notice of where the property was taken [2].
Retaliation is banned
A landlord can’t raise rent, cut services, file or threaten an eviction, or refuse to renew because a tenant made a good-faith complaint about a defect to a code agency or elected official, complained to the landlord about a code or habitability violation, or used a legal right [3]. The ban doesn’t stop an eviction for unpaid rent, unless the rent increase was itself the retaliation [3].
Where to get help
- Clerk of circuit court in your county: small claims forms, return dates and filings.
- Legal aid: Wisconsin’s legal aid programs help eligible tenants with evictions.
- A landlord-tenant attorney: worth calling before the return date.
Sources
Common questions
How much notice does a Wisconsin landlord have to give for unpaid rent?
Usually 5 days to pay or move out. A tenant who falls behind again within a year can get a 14-day notice to vacate with no option to pay. Tenants with a lease longer than one year get at least 30 days to pay.
How long does an eviction take in Wisconsin?
The first court date (return date) is 5 to 25 days after the summons is issued. If the tenant contests, the trial on possession must finish within 30 days of the return date. After judgment, the sheriff has 10 days from receiving the writ to carry it out.
Can a Wisconsin tenant get more time after losing an eviction?
The court can stay the writ of restitution for up to 30 days in hardship cases, if the tenant pays the rent owed and the value of staying during the stay. The court must also pause the case for up to 10 working days if the tenant applies for emergency assistance before a writ issues.