What Tenants Should Expect at Eviction Court in Wisconsin

Facing eviction can feel overwhelming, especially if it's your first time at court. If you're a renter in Wisconsin, understanding what happens in eviction court (sometimes called 'small claims court for evictions') can help you protect your rights and prepare for the process. This article explains each stage, key forms, and where to get support—from the moment you receive an eviction notice, all the way through the courtroom.

Who Handles Eviction Cases in Wisconsin?

Residential eviction cases in Wisconsin are managed by the Wisconsin Circuit Courts. These courts handle all landlord-tenant disputes regarding eviction, rent payment, and possession of property. Each county has its own Circuit Court, but the process is similar statewide.

What Triggers an Eviction in Wisconsin?

Landlords in Wisconsin can begin eviction if a tenant:

• Falls behind on rent
• Breaks a lease term (like having unauthorized pets)
• Engages in illegal activity or damages property

Wisconsin law requires landlords to follow specific legal steps before an eviction can proceed. These steps—and your rights at each—are defined under the Wisconsin Statutes Chapter 704: Landlord and Tenant and Chapter 799: Small Claims Actions.¹

Important Eviction Notices and Forms

Before landlords file for eviction, they must give tenants proper written notice. Here are the main notices and forms you may encounter:

• Notice to Vacate (Termination Notice)
  - Usually 5 or 14 days, depending on the reason. No specific state form number, but must be in writing.
  - Example: If you miss rent, you might receive a "5-Day Notice to Pay Rent or Vacate". If you do not pay within 5 days, your landlord can start the eviction lawsuit.
  - See guidance from the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP): Landlord/Tenant Guide.
• Summons and Complaint (Form SC-500)
  - SC-500: Summons and Complaint (Eviction)
  - When Used: After notice period ends, if tenant remains, landlord files this in court. You’ll be officially served and told when to appear.
  - Action Example: If you receive an SC-500, it means your case is now in court and you must respond or appear on the set date.
• Answer and Counterclaim (Form SC-5200V)
  - SC-5200V: Answer and Counterclaim
  - When Used: Use this to respond to the Complaint and state your defenses, or to counterclaim if your landlord owes you money (such as a security deposit).
  - Action Example: You receive a Summons; you fill out SC-5200V and file it with the court before the hearing or bring it to court.

What Happens at an Eviction Hearing?

The eviction hearing offers you a chance to share your side. Here’s what to expect at each stage:

• You (the tenant) and the landlord will appear before a judge or court commissioner, usually within 7–14 days of the Summons.
• The judge will listen to both sides. Bring any evidence—including receipts, letters, photos, or witnesses.
• Both parties can ask each other questions.
• The judge decides whether you must move out and, if applicable, if you owe unpaid rent or damages.
• If you lose, the court usually gives a few days before issuing a Writ of Restitution (official order to the sheriff to remove you).

You have the right to attend the hearing. If you do not attend, the landlord could win automatically by default.

How to Respond if You Receive an Eviction Complaint

If you’re served with a Summons and Complaint (SC-500), act quickly. Your options include:

• Filing an Answer (SC-5200V) or appearing at the scheduled hearing
• Negotiating with your landlord before court
• Gathering all documents related to your case (notices, payments, lease, repairs)

After the Hearing: What If the Court Orders Eviction?

The judge may order you to move out. The landlord then obtains a Writ of Restitution (SC-512)—the instruction for the sheriff to evict you if you don’t leave. Losing in court does not give the landlord the right to forcibly remove you themselves; only the sheriff can.

Your Rights and Defenses in Wisconsin Eviction Court

Wisconsin law protects tenants from wrongful evictions. You have the right to:

• Receive proper written notice (with the correct number of days)
• Appear in court and present your case
• Contest the landlord’s claims if they are untrue or if procedures were not followed
• Appeal the court decision if you believe it was unfair

See Chapter 704 and Chapter 799 for the current tenant and landlord legal protections.

FAQ: Wisconsin Eviction Court

1. Do I need a lawyer to appear in eviction court in Wisconsin?
   No, you do not need a lawyer, but having legal advice can be very helpful. You have the right to represent yourself. Free and low-cost renter legal resources are available statewide.
2. Can my landlord evict me without going to court?
   No. In Wisconsin, landlords cannot remove or lock you out without a court order and involvement from the sheriff. Self-help evictions are illegal.
3. What if I didn’t receive a proper eviction notice?
   If your landlord did not follow the correct notice procedures, this could be a legal defense. Raise this issue at your hearing or by filing an Answer (SC-5200V).
4. What is the Writ of Restitution?
   It is a court order given to the sheriff to physically remove tenants if they do not leave after losing the eviction case. Only the sheriff can carry out this order.

Conclusion: What to Remember About Wisconsin Eviction Court

• Eviction follows a step-by-step legal process; you have rights at each stage.
• Respond promptly to all notices and court documents.
• Prepare and bring evidence to court; only a judge (not the landlord) can order your removal.

By staying informed and acting quickly, you can better protect your rights during Wisconsin’s eviction court process.

Need Help? Resources for Renters

• Wisconsin Department of Agriculture, Trade and Consumer Protection: Landlord/Tenant Resources
• Wisconsin Court System: Landlord/Tenant Self-Help
• Legal Action of Wisconsin (free legal aid for qualifying renters)
• Wisconsin Judiciary: Circuit Court Locations

---

1. Wisconsin Statutes Chapter 704: Landlord and Tenant; Chapter 799: Small Claims Actions
2. Official Circuit Court Forms for Eviction (SC-500, SC-5200V, SC-512)
3. Wisconsin DATCP: Landlord-Tenant Guide

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations