Wisconsin Eviction Notice Forms

A Wisconsin eviction notice is a written notice a landlord serves on a tenant to end the tenancy for nonpayment of rent, a lease violation, or a nuisance. The landlord serves it before filing an eviction case in court. Wisconsin law sets the number of days of notice a tenant must get. The number depends on the reason for eviction, the length of the lease, and whether the same problem has happened before.

Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current Wisconsin law. If you notice an error or outdated information, please contact us.

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The notice states the reason for eviction and the deadline the tenant has to pay the rent owed, fix the violation, or move out. A notice by itself does not remove a tenant from the property. The landlord must still file in court and get a judgment before a sheriff can remove the tenant.

Wisconsin Eviction Laws

Wisconsin sets a minimum notice period before a landlord can file to evict a tenant. The length depends on the reason for eviction, the length of the lease, and whether the same problem happened before. A tenant who pays late or breaks another lease term typically gets at least 5 days to fix it before the tenancy ends.[1]

A Wisconsin eviction notice is also called a notice to quit or a notice to vacate.

The notice periods below are minimums. A landlord can always give a tenant more time than the law requires, but giving less time than the statute allows can make the notice invalid and delay the whole eviction case.

  • Nonpayment of rent, month-to-month or week-to-week tenancy: at least 5 days after the notice to pay or move out.[1]
  • Nonpayment of rent, lease of one year or less or a year-to-year tenancy: at least 5 days after the notice to pay or move out.[1]
  • Repeat nonpayment within one year of an earlier default notice: at least 14 days to vacate, with no further chance to pay.[1]
  • Lease violation other than nonpayment, lease of one year or less or a year-to-year tenancy: at least 5 days to fix the violation or move out.[1]
  • Repeat lease violation within one year of an earlier notice: at least 14 days to vacate, with no further chance to fix it.[1]
  • Lease violation under a lease of more than one year: at least 30 days to pay the rent, repair the waste, or otherwise comply with the lease.[1]
  • Lease violation by a month-to-month or week-to-week tenant with no chance to cure: at least 14 days to vacate.[1]

Authorizes the eviction or exclusion of a tenant from the premises, other than by judicial eviction procedures as provided under ch. 799.

Wis. Stat. § 704.44(2m)[2]

Either the landlord or the tenant can end a month-to-month or other periodic tenancy, but only by giving the other party written notice of at least 28 days, and the termination date must fall at the end of a rental period (Section 704.19(2) and (3)). If rent is payable more often than monthly, notice equal to the rent-paying period is enough.[3]

Wisconsin Eviction Notice Laws Details

Rent Grace Period None unless the lease provides one
Notice for Nonpayment of Rent At least 5 days (14 days for a repeat default within 1 year)[1]
Notice for Lease Violation At least 5 days (14 days for a repeat violation within 1 year, 30 days under a lease of more than one year)[1]
Self-Help Eviction Not allowed. The landlord must get a court order.[2]
State Law Wis. Stat. § 704.17[1]

Eviction Notice Types Used in Wisconsin

Wisconsin landlords use several eviction notices. The type depends on the reason for eviction, how long the notice period is, and whether the tenant gets a chance to fix the problem before the tenancy ends. The notices below cover nonpayment, lease violations, and nuisance or criminal activity.

  • 5-Day Notice to Pay or Vacate. Used for nonpayment of rent under a lease of one year or less, a year-to-year tenancy, a month-to-month tenancy, or a week-to-week tenancy. The tenant has at least 5 days after the notice to pay the rent owed or move out.[1]
  • 5-Day Notice to Cure or Vacate. Used the first time a tenant under a lease of one year or less, or a year-to-year tenancy, commits waste or breaks a lease term other than paying rent. The tenant has at least 5 days to fix the problem or move out.[1]
  • 14-Day Notice to Vacate. Used for a repeat default in paying rent, or a repeat lease violation, within one year of an earlier notice, and for a lease violation by a month-to-month or week-to-week tenant with no chance to cure. The tenant has at least 14 days to move out, with no further chance to pay or fix the problem.[1]
  • 30-Day Notice to Cure or Vacate. Used under a lease of more than one year when the tenant fails to pay rent, commits waste, or breaks another lease term. The tenant has at least 30 days to pay the rent, repair the waste, or otherwise comply with the lease.[1]
  • 5-Day Notice for Nuisance or Criminal Activity. Used when a law enforcement agency or the district attorney notifies the landlord in writing that a nuisance exists in the tenant’s unit, or when a tenant, a household member, or a guest engages in criminal activity that threatens the health, safety, or peaceful enjoyment of other tenants. The landlord can give this notice without an opportunity to fix the problem, and a conviction is not required. This notice does not apply to a tenant who is the victim of that criminal activity.[1]

For example, Anna Baker rents to Ben Carter under a month-to-month tenancy at 123 Main Street, Austin, TX 78701 (a fictional example, not a real property). If Ben pays his rent late, Anna can give him a 5-Day Notice to Pay or Vacate.

If Ben already got a late-payment notice once in the past year and pays late again, Anna does not have to offer him another chance to pay. She can give him a 14-Day Notice to Vacate instead. Choosing the right notice starts with identifying the reason for eviction and checking whether the same problem happened before.

What Eviction Notice is the Landlord Required to Give You?

Wisconsin law requires an eviction notice to be in writing and delivered the way the statute specifies. If the notice meets those requirements, the tenant is not entitled to remain in or use the property after the termination date the notice states.[1]

A notice for nonpayment that states the wrong amount due is still valid when both of the following are true.[1] This means an honest math mistake by the landlord, such as leaving out a partial payment the tenant already made, does not by itself void an otherwise proper notice.

  • The landlord’s statement of the amount due was not intentionally wrong.
  • The tenant had not already paid or offered to pay the amount the tenant believed was due.

As Wisconsin law uses the term, rent includes any rent that is past due along with any late fees owed on that overdue rent. A lease clause that sets different termination rules than the statute is not enforceable, except in a lease for more than one year. A lease clause that conflicts with the criminal-activity termination rules is never enforceable.[1]

In practice, many landlords deliver the notice by hand or send it by certified mail. This gives them proof of the date it was given, since that date starts the notice period. Keeping a copy of the notice and any proof of delivery can help later if the case goes to court.

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Eviction Process in Wisconsin

Evicting a tenant in Wisconsin follows a set order. The landlord serves the required notice, then files in court if the tenant does not comply. The tenant is only removed after a judge issues an order that a sheriff carries out.

  1. Serve the notice. Choose the notice that matches the reason for eviction and the tenant’s lease term, then deliver it in writing as Wisconsin law requires. The notice period starts on the date it is given, not the date it is written.
  2. File in court if the tenant does not comply. If the tenant has not paid, fixed the violation, or moved out by the deadline in the notice, the landlord may file an eviction case in court. Filing usually means submitting a complaint that describes the lease and the reason for eviction.
  3. Attend the court hearing. The court schedules a hearing, and the tenant is served with the summons and complaint. The summons must be served at least 5 days before the return date, which is the first court appearance the summons names (Section 799.05(3)(b)).[4] Both the landlord and the tenant can present their side of the case at the hearing.
  4. Receive the court’s order. If the court rules for the landlord, it issues a writ of restitution, and the sheriff executes it by removing the tenant and anyone claiming under the tenant, using reasonable force if necessary (Section 799.45(2)(a)).[5] If the court rules for the tenant, the tenant keeps possession of the rental unit.

Self-help evictions are illegal

Wisconsin law does not let a landlord remove a tenant, change the locks, shut off utilities, or take a tenant’s belongings outside the court eviction process. Only a sheriff carrying out a court order may remove a tenant.[2] A tenant who believes a landlord is trying to force them out without going to court can contact local law enforcement or a tenant rights organization for help.

Wisconsin Eviction Court Forms

A Wisconsin eviction case in court typically involves several documents beyond the notice itself. Below are the forms most often used, from the initial complaint through the final order for removal.

  • Complaint. The document the landlord files with the court to open the case. It describes the lease violation or nonpayment, names the property and the tenant, and asks the court for an order returning possession of the property to the landlord.
  • Answer. The document the tenant may file with the court to admit or deny the landlord’s claims and to raise any defense the tenant has to the eviction.
  • Writ of Possession. The court’s order confirming the landlord’s right to the property, issued after the landlord wins the case. It is the document that authorizes removal of the tenant if the tenant still has not left.
  • Declaration of Nonmilitary Service. A statement from the landlord about whether the tenant is on active military duty, since a tenant serving in the military may have added legal protections in a court case.
  • Affidavit of Service. A sworn statement, usually signed by whoever delivered the papers, confirming the tenant received the complaint and summons. FormsPal offers a free affidavit of service template.

Not every case uses every one of these documents. A straightforward nonpayment case where the tenant moves out after the notice period may never reach a Writ of Possession. A contested case can involve all five before it is over.

General information, not legal or tax advice.

Sources

Unless noted otherwise, the sources below are from the Wisconsin Statutes.

  1. Wis. Stat. § 704.17. Accessed September 25, 2026.
  2. Wis. Stat. ch. 704 (Landlord and Tenant). Accessed September 25, 2026.
  3. Wis. Stat. § 704.19.
  4. Wis. Stat. § 799.05.
  5. Wis. Stat. § 799.45.
Jennifer M. Settles
Jennifer M. Settles
Author & Attorney
With over 25 years of experience as a business and transactional attorney, Jennifer has mastered the craft of closing highly successful deals for her clients. Through her wide-ranging expertise in commercial contracts, real estate transactions, M&A and corporate law, Jennifer secures results that are second-to-none.

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