Legal Eviction Reasons and Tenant Defenses in Wisconsin

Facing a possible eviction can be stressful for renters in Wisconsin. Understanding the legal reasons your landlord can start an eviction, the defenses available to tenants, and the steps you can take is crucial. This guide breaks down Wisconsin’s eviction process using plain language and official state resources to help you protect your housing rights.

When Can a Landlord Legally Evict a Tenant in Wisconsin?

Landlords in Wisconsin can only evict for specific legal reasons. Common grounds for eviction include:

• Nonpayment of Rent — If rent is not paid on time as outlined in your lease.
• Lease Violations — Such as unauthorized occupants, pets, or other breaches of lease terms.
• Illegal Activity — Including drug activity or other unlawful acts on the property.
• End of Lease Term — When the lease ends and the tenant does not leave after required notice.

Landlords must follow the process laid out in the Wisconsin Statutes Chapter 704 - Landlord and Tenant and Chapter 799 - Small Claims Procedure before removing a tenant.¹

Required Eviction Notices and Official Forms

Before starting an eviction case, a landlord must serve you with the correct written notice. Notice periods and notice type depend on your lease and the situation. Here are the most common notice types in Wisconsin:

• 5-Day Notice to Pay Rent or Quit
  Given when rent is late. Tenant has 5 days to pay or move out.
• 14-Day Notice to Vacate
  If rent is not paid within the 5-day notice period, landlord may serve a 14-day notice to vacate with no option to cure.
• 14-Day Notice to Cure or Vacate
  For non-rent lease violations (e.g., unauthorized pet), tenant has 14 days to fix or leave.
• 28-Day Notice to Terminate (Month-to-Month Tenancy)
  For ending a month-to-month agreement, landlord or tenant must give 28 days’ written notice.

Wisconsin Small Claims Eviction Summons and Complaint

• Form Name & Number: Small Claims Summons and Complaint (Form SC-500)
• When Needed: If your landlord files an eviction lawsuit in court, you’ll get a copy of this form. It lists the hearing date and what the landlord claims.
• What To Do: Read it carefully. You must appear in court on the scheduled date. If you disagree, prepare your defense (see below).
• Official SC-500 Summons and Complaint Form

Which Tribunal Handles Wisconsin Eviction Cases?

Eviction cases are handled by the Wisconsin Circuit Courts in the county where the rental unit is located.²

Tenant Defenses Against Eviction in Wisconsin

As a renter, you have the right to respond to an eviction notice or lawsuit. Some common defenses include:

• The landlord did not give proper written notice as required by law.
• The eviction is based on retaliation (e.g., you complained to authorities about repairs).
• Your landlord is applying the law unfairly or discriminating against you.
• You actually paid rent (keep records).
• The rental unit was not habitable or maintained as required by law.

Wisconsin landlords cannot evict you for reasons not allowed by statute or in retaliation for lawful actions.³

Responding to an Eviction Summons

If you receive a Summons and Complaint, you must attend your court hearing. You can explain your side to the judge, bring documents or witnesses, and ask questions. In some cases, you can negotiate a payment plan or agreement with your landlord.

Key Action Steps for Renters Facing Eviction

• Read all notices and forms carefully. Don't ignore court papers.
• Attend all court hearings or file a written answer if required.
• Gather evidence that supports your case (payments, communications, photos).
• Contact legal aid or a tenant resource for advice (see below).

FAQ: Wisconsin Eviction Rights and Tenant Defenses

1. What is the shortest notice a landlord can give before eviction in Wisconsin?
   The shortest notice for nonpayment of rent is 5 days. After that, you may get a 14-day notice to vacate if rent remains unpaid.
2. Can I be evicted without a written notice?
   No, Wisconsin law requires landlords to provide written notice stating the reason and the amount of time you have before further action can be taken.
3. What if I fix the lease violation during the notice period?
   If the notice allows you to "cure" the issue (like removing an unauthorized pet) and you do so within the timeframe, the landlord cannot proceed with eviction for that violation.
4. What happens if I miss my court date?
   If you do not appear in court, the landlord may automatically win the case by default, and you could be ordered to leave.
5. Where can I find official tenant forms for Wisconsin?
   Wisconsin court forms, including eviction-related documents, are available on the Wisconsin Court System Forms page.

Conclusion: What Wisconsin Renters Should Remember

• Eviction must follow Wisconsin’s legal steps; written notice and court action are required.
• Tenants have defenses—document everything and don't ignore notices.
• Reach out for legal help or use official forms and resources listed below for guidance.

Need Help? Resources for Renters

• Wisconsin Court System (Tribunal & Forms)
• Wisconsin Department of Agriculture, Trade and Consumer Protection Landlord/Tenant Guide
• Legal Action of Wisconsin—Free legal help for low-income renters
• Wisconsin State Law Library Tenant and Landlord Resource Page

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1. Wisconsin Statutes Chapter 704: Landlord and Tenant
2. Wisconsin Circuit Court Directory
3. Retaliatory Conduct Prohibited (Wis. Stat. § 704.45)

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