Evicting a Roommate Not on the Lease in Wisconsin: Renter Guide

If you're living in Wisconsin and your roommate isn't on the lease but causing issues, navigating the eviction process can be confusing. Roommate disputes often arise, and understanding your rights and obligations is key to resolving them legally and smoothly. This guide explains the official steps to evict a non-lease roommate, which forms are needed, and what state law says about shared housing eviction in Wisconsin.

Understanding Your Situation: Is Your Roommate a Subtenant or Guest?

Before taking action, it's critical to determine your roommate's status:

• Subtenant: If your roommate pays you rent and you've agreed (verbally or in writing) to let them live in your rental, they may be a subtenant—even if they're not on the original lease.
• Guest: Someone temporarily staying with you, paying no rent or sharing bills, is generally a guest, not a tenant.

Why does this matter? Only "tenants," including subtenants, have legal rights to stay; guests typically do not, and can be removed without a formal court process.

Eviction Rules for Roommates Not on the Lease in Wisconsin

In most Wisconsin cases, if your roommate is considered a subtenant and has lived with you for any amount of time with permission and paid rent, you must follow the state's eviction process. You cannot simply change the locks or remove their property without notice—doing so risks legal trouble for you.

Required Notice: 5-Day or 14-Day Notice to Vacate

Under the Wisconsin Statutes Chapter 704 – Landlord and Tenant Law, the type of notice depends on your agreement:

• If the roommate pays monthly rent: Use a 28-day notice for month-to-month, or a 5-day notice for non-payment (see below for forms).
• If they're not paying rent or violating rules: A 14-day notice (no opportunity to fix the violation) is typically used.

Official Eviction Forms and How to Use Them

• 5-Day Notice to Pay Rent or Vacate (Form CV-484): Use this if your roommate has not paid rent. Serve the notice and allow five days to pay or move out. If they do not comply, you can file for eviction.
  Download the 5-Day Notice (CV-484) from the Wisconsin Court System.
• 14-Day Notice to Vacate: Use this if your roommate violated other terms (noise, damage, illegal activity) or you want to end a non-rental arrangement. Must clearly state the reason.
  Download the 14-Day Notice (CV-489) from the Wisconsin Court System.

After serving these notices, if your roommate does not leave, you must file a formal eviction through the county circuit court.

Starting an Eviction Case in Wisconsin

If your roommate ignores the official notice, you must file an Eviction (Small Claims) Action in your local county circuit court. In Wisconsin, residential eviction cases are handled by the Wisconsin Circuit Courts. You will need:

• Summons and Complaint: Eviction (CV-501) form
• Certified copy of the notice you served
• Proof of service (e.g., return receipt or affidavit)

File these documents with a filing fee. The court will set a hearing date, and both parties can explain their side before a judge rules on the eviction.

How the Law Protects Both Parties

The Wisconsin Statutes Chapter 704 outlines rights for all parties—whether primary tenants or subtenants. Self-help eviction (such as changing locks or removing belongings without court approval) is illegal, and both renters and subtenants have the right to a legal process.

For more details, see Wisconsin’s official information on tenant-landlord laws from the Department of Agriculture, Trade and Consumer Protection (DATCP).

Common Pitfalls in Removing Roommates

• Failing to provide written notice with required timeframes
• Using the wrong form or failing to serve it properly
• Attempting self-help eviction (changing locks, removing property)
• Not following up with a formal court filing if the roommate does not leave

Avoiding these pitfalls protects your own rights and keeps you compliant with state law.

FAQ: Wisconsin Roommate Eviction Questions

1. Can I kick out a roommate who is not on the lease in Wisconsin?
   If your roommate pays rent or has an established tenancy, you must use formal notice and file an eviction case if needed. Changing locks without court approval is not allowed.
2. What official forms do I need to evict a roommate in Wisconsin?
   You may need to serve a 5-Day Notice or 14-Day Notice (see above), then file a Summons and Complaint for Eviction (Small Claims) with your county circuit court.
3. How long does the eviction process take for a non-lease roommate?
   Notice periods are generally 5, 14, or 28 days. If the roommate does not leave, a court hearing may add 2–4 weeks, depending on your county.
4. Who handles tenant eviction cases in Wisconsin?
   Evictions are handled by the Wisconsin Circuit Courts in each county.
5. Is a written agreement required to establish a subtenancy?
   No; even a verbal agreement and exchange of rent can create a subtenancy, which is legally recognized under Wisconsin law.

Key Takeaways for Renters Removing a Non-Lease Roommate

• Identify whether your roommate is a guest or subtenant (who pays rent)
• Use the correct Wisconsin notice form—5-Day or 14-Day, plus proof of service
• Escalate to small claims eviction in circuit court if the roommate does not vacate
• Never use self-help methods; only legal processes keep you protected

Following the law keeps everyone safe and can resolve disputes more efficiently.

Need Help? Resources for Renters

• Wisconsin Circuit Courts – Find your local county court for filing eviction paperwork.
• Wisconsin DATCP Tenant-Landlord Law – Official government guidance on tenant rights.
• Legal Action of Wisconsin – Housing – Free or low-cost legal aid for renters needing help with eviction cases.

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1. Wisconsin Statutes Chapter 704 – Landlord and Tenant Law
2. Wisconsin Court System – Eviction Self-Help and official forms
3. Wisconsin Department of Agriculture, Trade and Consumer Protection – Tenant Resource Center

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