Wisconsin Eviction Process Timeline: Step-by-Step Guide

If you’re renting in Wisconsin and your landlord has started the eviction process, it’s important to understand each step, the official timelines, and your rights. The Wisconsin eviction process involves specific notices, legal forms, and deadlines that both renters and landlords must follow according to state law. Knowing this timeline helps protect your rights and gives you time to respond effectively.

Who Handles Evictions in Wisconsin?

In Wisconsin, eviction cases are heard by the Wisconsin Circuit Courts. These courts oversee residential landlord-tenant disputes, including evictions.

Overview of the Wisconsin Eviction Process

Eviction is a legal process with mandatory steps both parties must follow. Below outlines the typical timeline and key requirements for renters and landlords.

1. Receipt of Eviction Notice

• 5-Day Notice to Pay Rent or Vacate: Used for late rent if you haven’t had a similar notice in the last 12 months.
• 14-Day Notice to Vacate: For repeated lease violations or if you’ve already received a 5-day notice in the prior year.
• Notice for Other Lease Violations: If the issue is not about rent, this notice may also require 5 or 14 days, depending on the lease and violation.

These official notices must be given in writing. More details on notice types are in Wisconsin Statutes Section 704.17.¹

2. Timeline to Remedy or Move

• After receiving a notice, you typically have between 5 and 14 days to fix the problem or move out, depending on what type of notice you receive.
• If you pay overdue rent within the 5-day period (for a first-time nonpayment), the eviction does not proceed.
• No opportunity to fix: For repeat violations or serious lease breaches, you may need to move out within 14 days.

3. Summons and Complaint: Starting the Formal Court Process

If you do not pay or move after the notice period, your landlord can file an eviction lawsuit with the Circuit Court. The court then issues the following official form:

• Summons and Complaint (SC-500EA)
  
  • When/how used: This form starts the eviction court case. You’ll get a copy delivered in person or posted at your rental unit, summoning you to court and detailing your landlord’s claims.
  • View Summons and Complaint Form SC-500EA (official source)

You have the right to appear in court and present your side. Mark your court date—it’s usually within around 20 days after filing, but check the notice for exact timing.

4. Court Hearing and Possible Judgment

• If you and your landlord can’t resolve the issue before the hearing, both must attend court.
• The judge will listen to both sides and decide whether the eviction should proceed or if you can stay.
• If you win, you remain in the unit; if the landlord wins, a “Writ of Restitution” may be issued.

Tip: Bring all relevant documents (lease, repair requests, rent receipts) to your hearing.

5. After the Court Decision: Writ of Restitution

• Writ of Restitution
  
  • When/how used: If the landlord wins, this court order allows the sheriff to remove you from the unit, usually no sooner than 10 days after the order is granted, unless waived by the judge.²
  • The paperwork is issued by the court after judgment.

To avoid removal by law enforcement, move out before the writ is enforced. If you need more time due to special circumstances, let the court know at your hearing.

Key Forms and Where to Find Them

• Notice to Pay or Vacate / Termination Notice: No official form required by law, but templates are available on the State Bar of Wisconsin's landlord-tenant resources.
• Summons and Complaint (SC-500EA): Used by the landlord to start an eviction case. See official court form.

Summary of the Eviction Process Timeline in Wisconsin

• Notice served (5 or 14 days, depending on issue)
• If not resolved, landlord files a Summons and Complaint
• Court date set—usually within 20 days of filing
• Judgment made; if in favor of landlord, a Writ of Restitution is issued
• Sheriff enforces eviction after at least 10 days, if needed

The most important step is to respond quickly to any eviction notice and seek help if you need it.

Avoid ignoring any eviction paperwork. Show up to court or you risk losing by default and being forced to move out sooner.

FAQ: Common Wisconsin Eviction Questions

1. How much notice must a landlord give before evicting me for not paying rent?
   In most situations, your landlord must give you a written 5-day notice to pay or vacate before filing an eviction for the first late payment in a year.
2. Do I have to attend my eviction court date?
   Yes. If you don’t appear, the landlord will likely win by default and you could be removed much faster. Always go to court and bring any evidence that supports your case.
3. What should I do if I receive a Summons and Complaint?
   Read the paperwork carefully, note your court date, prepare your defense or settlement proposal, and consider reaching out for legal help. Bring any supporting paperwork with you.
4. Can I still pay rent after the notice period ends?
   You may be able to pay after the notice, but once the landlord files in court, it’s up to them and the judge whether to halt the process. Pay as soon as possible and communicate in writing.
5. If I am evicted, how soon do I have to move out?
   If the court sides with the landlord, you’ll have at least 10 days after judgment before the sheriff can enforce the move-out order.

Conclusion: What Renters Should Remember

• You always have the right to receive advance notice before eviction starts.
• Attending court is critical to protect your home and rights. Don’t ignore official notices.
• Seek help early—free resources and legal aid may be available.

Understanding each stage of the Wisconsin eviction process can help you respond calmly and take the right next steps.

Need Help? Resources for Renters

• Wisconsin Courts: Landlord-Tenant Resources & Self-Help
• Wisconsin Department of Justice: Tenant-Landlord Rights and Responsibilities
• Legal Action of Wisconsin Eviction Defense Project
• State Bar of Wisconsin: Find Legal Help

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1. Wisconsin Statutes Section 704.17 – Termination of Tenancy
2. Wisconsin Statutes Section 799.44 – Writ of Restitution of Premises

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