Wisconsin uses a tiered notice system based on tenancy length. The 5-day notice for short tenancies vs. 30-day for longer is a common source of error.
Wisconsin's eviction process is called an Eviction Action and is governed by Wisconsin Statutes Chapter 799. Cases are filed in circuit court (small claims division) at the county level. Wisconsin is generally landlord-friendly with reasonably efficient procedures. Uncontested cases typically conclude within four to six weeks of filing.
Eviction Action cases are filed in the small claims division of circuit court for the county where the property is located. Wisconsin's 72 counties each have circuit courts that handle landlord-tenant matters. Milwaukee County has the highest case volumes and most developed eviction procedures.
For non-payment of rent, Wisconsin requires a 5-day Notice for tenancies of one year or less, or a 30-day Notice for tenancies over one year (Wis. Stat. 704.17). The notice must state the amount owed and inform the tenant of the right to cure by paying within the notice period.
For material lease violations, Wisconsin generally requires a 5-day Right-to-Cure notice for tenancies of one year or less. For repeat violations within one year, no cure opportunity is required and a 14-day notice to vacate may be served.
For month-to-month tenancies without cause, Wisconsin requires 28 days written notice. Deliver notices by personal service, posting and mailing, or certified mail. Document delivery thoroughly.
After the notice period expires, file an eviction summons and complaint in the small claims division of circuit court. Filing fees in Wisconsin are typically $90 to $130. Service is performed by the sheriff or process server.
The hearing (called the "return date") is typically scheduled within 5 to 25 days of filing. The tenant must appear at the return date hearing — failure to appear can result in default judgment.
Wisconsin small claims eviction hearings are conducted efficiently. Bring your lease, the notice you served, proof of service, your rent ledger, and any documentation. The judge will hear both sides and typically issue a ruling at the hearing or shortly after.
If you prevail, the writ of restitution is issued. Tenants can appeal but appeals require posting bond.
Milwaukee County, anchored by Milwaukee, is Wisconsin's most populous county. Milwaukee County eviction filings go to the Milwaukee County Circuit Court — Small Claims Division at the Milwaukee County Courthouse. Milwaukee has additional tenant protections including the Tenant's Right to Counsel program in some categories.
Dane County, anchored by Madison (the state capital and home to the University of Wisconsin), is Wisconsin's second-largest county. The student rental market plus general residential rentals create substantial case activity. Dane County eviction filings go to the Dane County Circuit Court — Small Claims Division. Madison has additional local tenant protections. For detailed landlord-tenant law specific to each county — including local ordinances, court contacts, and procedural details — see Milwaukee County landlord-tenant law and Dane County landlord-tenant law.
Wisconsin's eviction procedure uses a tiered notice system based on tenancy length. The 5-day notice for short-term tenancies vs. 30-day notice for longer ones is a common source of error. Madison and Milwaukee add local protections beyond state law. See the full Wisconsin landlord-tenant law guide for notice templates, security deposit rules, and county-specific information across all 72 Wisconsin counties.
Once the writ of restitution is issued, the sheriff executes the writ. Execution typically occurs within 7 to 14 days. Be present with a locksmith.
Wisconsin law (Wis. Stat. 704.05) provides procedures for handling tenant property left behind. Specific notice and storage requirements apply.