Wisconsin Renters’ Rights During Foreclosure: What You Need to Know

If you’re renting a home or apartment in Wisconsin and learn that your landlord’s property is going through foreclosure, it’s natural to feel confused or anxious. As a tenant, you have specific rights and legal protections—understanding them will help you navigate this challenging time more confidently. This article explains what happens if your landlord’s property is foreclosed, your rights to stay or move, eviction protections, and the official steps to safeguard your interests in Wisconsin.

Your Rights as a Renter When Landlord Faces Foreclosure

The good news: Wisconsin leases generally remain valid during foreclosure, and tenants can’t be forced out immediately. Wisconsin law, reinforced by the federal Protecting Tenants at Foreclosure Act (PTFA), requires the new property owner to honor existing leases or give qualifying renters at least 90 days’ notice before requiring them to move.^[1]

• Your lease remains in effect until it expires, unless the new owner wants to move in themselves and follows proper notice procedures.
• If you have a month-to-month rental agreement, the new owner must give you at least 90 days’ written notice to terminate tenancy.
• All security deposits must be transferred to the new owner or returned to you.

Eviction Protections and Notice Requirements

The new owner (after foreclosure sale) must follow Wisconsin Statutes Chapter 704 - Landlord & Tenant when seeking to remove a renter. Eviction can only happen through a court order—never just by changing locks or shutting off utilities.^[2]

• Eviction lawsuits must be filed in the Wisconsin Circuit Court, the state’s official venue for residential tenancy issues.
• You must receive a formal notice (often a 90-day notice to vacate), depending on your lease type.
• You have the right to contest the eviction in court.

Official Forms and Steps: What Renters Should Do

• Notice to Vacate: This is the formal notice you’ll receive from the new owner or lender. If you get a notice (written or posted), check for:
• Date and the deadline to move
• The property owner’s name and contact information
• If you believe you have not been given proper notice, or are being evicted improperly, you can respond in court.
• Summons and Complaint (Eviction): You may receive a Summons and Complaint if the new owner files an eviction action. Attend the court hearing and bring all your lease documents and correspondence.
• Answer and Counterclaim (Form GF-110): Use this form to formally respond if served with an eviction complaint. Download it from the Wisconsin Circuit Court official site. Include why you believe eviction is not warranted (for example, insufficient notice). Submit to the court by the deadline on your summons.

Example: If you get a 30-day notice to leave from the new property owner, but you have a year-long lease, you can fill out the Answer and Counterclaim (GF-110) form to respond in court. Be sure to explain your situation and provide copies of your lease and communications.

If You Need to Stay or Move: What to Expect

If you wish to stay in your home:

• The foreclosure by itself does not erase your rental agreement.
• The new owner must go through the normal legal procedures and cannot force you out without a court order.
• You can negotiate with the new owner to stay (for example, signing a new lease).

If you decide or are required to move:

• Be sure to update your new address for the return of your security deposit.
• Document the condition of the property as you leave to avoid disputes.

FAQ: Renters’ Rights During Foreclosure in Wisconsin

1. Can I be evicted immediately if my landlord’s property goes into foreclosure?
   No. You are entitled to written notice and court process. In most cases, you cannot be forced out without at least 90 days’ written notice and a court eviction order.
2. Is my lease still valid after foreclosure?
   Yes, leases (including fixed-term agreements) usually remain in effect until they expire, unless the new owner is moving in personally and gives proper notice.
3. What happens to my security deposit during a foreclosure?
   Your security deposit should be transferred to the new owner or returned to you according to Wisconsin law. Ask for a written receipt of the transfer.
4. Who handles disputes and eviction hearings in Wisconsin?
   The Wisconsin Circuit Court is the tribunal for residential tenancy and eviction cases.
5. Can I get legal help if I’m afraid of losing my home?
   Yes. You have the right to consult with legal aid services or tenant advocacy groups in Wisconsin. See resources below for free or low-cost help.

Need Help? Resources for Renters

• State of Wisconsin Official Site
• Wisconsin Circuit Court – eviction forms, schedules, and local court contacts
• Wisconsin Department of Agriculture, Trade and Consumer Protection – Tenant Rights
• Legal Action of Wisconsin – free legal support for low-income tenants
• U.S. Department of Housing and Urban Development – Wisconsin Tenant Rights

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1. [1] Protecting Tenants at Foreclosure Act of 2009. View at Protecting Tenants at Foreclosure Act.
2. [2] Wisconsin Statutes Chapter 704 (Landlord & Tenant): Landlord & Tenant Law.

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