Partial Rent Payments and Eviction Risk in Wisconsin

If you're renting in Wisconsin and struggling to pay the full amount of rent on time, you're not alone. Understanding what happens when you make a partial rent payment—and how it can impact your eviction risk—is crucial to protecting your housing. This article explains your rights, what Wisconsin law says, official forms involved, and where to turn for support if you need help.

What Happens If You Make a Partial Rent Payment?

In Wisconsin, rent is typically due in full on the date specified in your lease agreement. If you pay only part of the rent, your landlord may still consider your payment "late" or "insufficient" according to state tenant laws, found in Chapter 704 of the Wisconsin Statutes and Wisconsin Administrative Code ATCP 134.^[1][2]

• Landlords can accept a partial payment, but this usually does not cancel out their ability to issue an eviction notice for the remaining balance.
• Some landlords may return your partial payment or specify (in writing) that it doesn’t waive their right to seek full payment or proceed with eviction.
• Always request a written receipt for any partial payment, noting what it covers.

Landlord Notice Requirements for Nonpayment

If you owe rent (even after a partial payment), your landlord must give you a written notice before they can start an eviction lawsuit. The type of notice depends on your rental agreement and previous violation history:

• 5-Day Notice to Pay or Vacate: Used if it's your first missed or late payment within a 12-month period. You get 5 days to pay all overdue rent or move out.
• 14-Day Notice to Vacate: Used if you've had a previous default in the past 12 months. This notice does not give you a chance to pay the overdue rent; you must vacate within 14 days.

These notices are required by Wisconsin law before your landlord can file a formal eviction case in court.^[1]

Relevant Forms for Wisconsin Renters

• Notice to Pay Rent or Vacate (No official state form; landlords usually draft their own):
  When used: If you are late with rent, the landlord must give you written notice as described above.
  What to do: Promptly respond by paying past-due rent if possible or communicating with your landlord in writing. Always keep copies.
  See Wisconsin Court's rental eviction process.
• Summons and Complaint (Form GF-175 and SC-500):
  When used: If the past-due rent is not paid and the tenant remains, your landlord can file for eviction in your local circuit court. You will receive a court Summons and Complaint.
  What to do: Attend your court date, bring payment records, and respond by the stated deadline to preserve your rights. Find official forms on the Wisconsin Court System's official forms page by searching for "eviction."

Which Tribunal Handles Eviction?

In Wisconsin, eviction cases are handled by the Wisconsin Circuit Courts. You can look up your local branch and more about the eviction court process for tenants on the state's official site.

Your Rights Under Wisconsin Law

Partial payments don't guarantee you can stay, but you still have important rights:

• Your landlord must give proper notice before starting an eviction case, as required by Wisconsin Statutes §704.17.
• If you receive an eviction Summons and Complaint, you have the right to attend your court hearing and present your side.
• Landlords cannot charge "late fees" unless they are specified in your lease and conform to legal limits.

How Partial Rent Payments Affect Eviction Risk

Even if your landlord takes a partial payment, you may still remain at risk of eviction if the balance isn't paid in full. The only way to "cure" (fix) the situation is to pay all rent owed within the notice period, unless you reach a formal written agreement with the landlord to accept less. Always get such an agreement in writing for your records.

Practical Steps for Wisconsin Renters

• Review your lease for payment and late fee terms.
• Request receipts for all payments—be they full or partial.
• If you get a notice, respond in writing and keep a copy.
• Attend all court dates if you are sued for eviction.
• Seek free legal advice—see resources below if you can't afford a private attorney.

FAQs: Partial Rent and Evictions in Wisconsin

1. Can paying part of my rent stop an eviction in Wisconsin?
   Not always. Unless you pay the full overdue amount within the notice period, the landlord may still proceed with eviction.
2. What official notice will I receive if I pay only part of my rent?
   You may get a 5-day or 14-day notice to vacate or pay, depending on your rental history. These must be given in writing.
3. What should I do if I receive an eviction Summons and Complaint?
   Respond promptly, attend your court date, and bring all payment records or agreements for your defense.
4. Is there help for tenants who can't pay their rent in full?
   Yes. Free legal aid and mediation services are available. See the resources section below.
5. Can my landlord accept partial rent but still evict me?
   Yes. Even if your landlord accepts a partial payment, they do not legally waive their right to seek the remaining balance and may still proceed with eviction.

Conclusion: Key Takeaways for Wisconsin Renters

• Partial rent payments do not guarantee housing security—landlords can still pursue eviction for unpaid balances.
• Landlords must provide written notice before seeking eviction in court.
• Understand your rights and act quickly upon receiving any notice to protect yourself.

Stay informed and use the resources below to help you navigate payment challenges and eviction risks.

Need Help? Resources for Renters

• State Bar of Wisconsin Tenant & Landlord Resources
• Wisconsin Courts: Eviction Process Self-Help
• Legal Action of Wisconsin (Free Legal Aid)
• Tenant Resource Center (Madison & Statewide)
• Call 2-1-1 for referrals to emergency rent and mediation programs in your area

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1. Wisconsin Statutes Chapter 704: Landlord and Tenant Rules
2. Wisconsin Administrative Code ATCP 134: Residential Rental Practices
3. Wisconsin Court System: Eviction Process for Tenants

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