Answering common questions about Wisconsin's eviction process and tenant rights

What is an eviction and why do they occur?

An eviction is the removal of a tenant from a rental property when the landlord has determined the tenant has violated their lease. Evictions usually take place because a renter has not paid rent, paid partial or late rent, or has caused a series of extreme disturbances or hazards within the rental unit.

According to data from the Wisconsin Eviction Data Project, there have been 19,072 eviction filings and 1,291 eviction judgments in the first eight months of 2023. In 2022, over 25,000 eviction filings were made in Wisconsin.

What rights do tenants have in the eviction process?

In Wisconsin, tenants cannot be forced to leave an apartment until after their landlord files an eviction suit in court and the judge rules in the landlord's favor. Ahead of a court hearing, landlords are not allowed to change the locks of an apartment, discard a tenant's property or take any additional action to disrupt a tenant's living situation.

After a judge determines a tenant has violated their lease agreement, the sheriff is the sole figure with the authority to physically remove a tenant.

How does a landlord initiate an eviction?

Landlords are required to deliver eviction notices by certified mail or in person to either the tenant, a member of the tenant's family who is at least 14 years old, or a competent person occupying the premises. 

If these methods are not possible despite "reasonable diligence," landlords can affix the notice in a clearly visible location and mail a copy to the tenant's last known address. 

Improper delivery of eviction notices are a common cause of landlords losing eviction cases, according to the Milwaukee County Sheriff's Department

In most circumstances, if tenants pay the full amount of unpaid rent before the notice expires, they can avoid a court case and eviction. If the resident has proof that they paid the rent, then the landlord should not be able to terminate the lease.

Tenants can attempt to negotiate with their landlord to determine a payment plan for their apartment or make an arrangement that keeps the eviction off of a tenant's online court record.

If the situation is not resolved by the landlord and tenant, the landlord can file for eviction in small claims court.

What are the different types of evictions in Wisconsin?

According to the Milwaukee Justice Center, tenants must be issued one of the following notices to be evicted by a landlord. Some offer the opportunity to "cure," meaning the resident can avoid an eviction if they pay the rent or stop the prohibited activity, like causing disturbances or damaging property.

• 5-Day Eviction Notice to Quit or Pay Rent: This is a warning to tenants that their rent is late. This type of notice allows tenants to resolve the issue through payment or negotiation with their landlord. In most cases, residents are given at least 5 days to fulfill their payment.
  • If a tenant were to receive a second five-day eviction notice for nonpayment of rent within the same leasing year, then a landlord can give a no-cure notice, but the resident must be given 14 days to vacate, according to Sophie Crispin, director of the Eviction Defense Clinic at the University of Wisconsin Law School.
• 5-Day Notice for Non-Rent Violation: This is a warning to inform tenants that they have violated a section of their lease unrelated to rent, by causing a major disturbance on the property or damaging property. With this notice, tenants are given five days to resolve the problem or negotiate with their landlord to fix damages.
• 5-Day Notice With No Right To Cure: This five-day eviction notice with no right to cure is only allowed in case of criminal activity or if the home is a consistent nuisance property.
• 5-Day Notice to Vacate - Nuisance Drugs: If a landlord receives a "drug nuisance letter," the tenant is required to vacate the property within five days with no right to cure.
• 14-Day Notice With No Right To Cure: This notice requires the tenant to move within 14 days, regardless of whether rent payment is fulfilled or any nuisance issues are resolved. This type of notice is given to week-to-week or month-to-month tenants.
• 28-Day Notice Terminating Tenancy: This notice is for month-to-month tenants. Landlords must give such tenants at least 28 days notice to vacate.

What happens if a landlord files for eviction in court?

Small claims court is a civil court where disputes of claims under $10,000 can be resolved. After an eviction notice expires, a landlord can file an action to remove tenants from a rental property and seek to collect money owed for rent or damages.

When an eviction is filed in small claims court, it is added to Wisconsin's online court record system, CCAP. According to the Tenant Resource Center, court records can be maintained online for two to 10 years. Individuals with previous evictions on their record can have a more difficult time being approved for an apartment.

A tenant with an eviction notice must appear in court on the day of their hearing, or the landlord will win the eviction suit automatically.

Where can tenants facing eviction go for legal help or resources?

Tenants facing or fearing eviction can contact a variety of agencies, including the Milwaukee Rental Housing Resource Center, Impact 211, Community Advocates or the Social Development Commission.

• EvictionFree MKE is a program of the Legal Aid Society that provides eviction defense to tenants served with an eviction summons and complaint. Individuals seeking help can visit evictionfreemke.org or call its intake specialists at (414 ) 892-7368.
• Legal Action of Wisconsin offers eviction prevention and diversion services for Milwaukee and La Crosse counties through the Eviction Defense Project. The program offers legal advice, document drafting, settlement assistance and in-court representation.
  • Milwaukee County Eviction Defense Project, Milwaukee County Courthouse, Room 406 on Mondays and Wednesdays at 12:30 p.m.
  • La Crosse County Eviction Defense Project, La Crosse County Courthouse, 333 Vine Street, Third Floor, Fridays at 8:30 a.m.

More of our articles on tenants' rights and eviction

• What to do if you’re facing eviction in Milwaukee
• Where can I go for help if I'm a renter and there's a problem with the property or building?
• EvictionFreeMKE.org offers free legal help to those on verge of losing their rented homes
• A new study says Eviction Free MKE is underutilized but benefits people. Here are some of the highlights
• LIFT Dane's Legal Tune-up Tool can help you remove eligible criminal and eviction records
• Which Milwaukee landlords are the most frequent evictors? Here’s what the data says.
• 'Evicted' author says Milwaukee's housing crisis remains unchanged

Still have questions about the eviction process? Contact us.

Tamia Fowlkes is a Public Investigator reporter. You can reach Tamia at 414-224-2193 or tfowlkes@gannett.com. Follow her on X at @tamiafowlkes.