Not legal advice. This page explains Wisconsin's rental rules in plain English, for landlords and tenants alike. Your lease and facts matter, so for your own situation talk to one of the free services below or a lawyer.
Which Notice
| Tenancy | Unpaid rent | Other breach |
|---|---|---|
| Month-to-month or week-to-week | 5 days to pay or move, or 14 days to move | 5 days to fix or move, or 14 days to move |
| Lease of a year or less | 5 days to pay or move; 14 days to move for a repeat within a year | 5 days to fix or move; 14 days to move for a repeat within a year |
| Lease of more than a year | 30 days to pay or move | 30 days to fix or move |
All from Wis. Stat. 704.17.(Wis. Stat. 704.17) DATCP's guide confirms the month-to-month 14-day option.(DATCP Landlord-Tenant Guide)
- Criminal activity that threatens others, or drug activity on or near the property, allows a 5-day notice to move with no chance to fix it, on any tenancy. No arrest or conviction is needed, and it doesn't apply to a tenant who was the victim.(Wis. Stat. 704.17(3m))
- Ending month-to-month with no reason takes at least 28 days' written notice, at the end of a rental period.(Wis. Stat. 704.19)
- What counts as rent. Past-due rent and late fees owed on it. A notice with the wrong amount is still valid unless the landlord got it wrong on purpose, or the tenant paid or offered what they believe is due.(Wis. Stat. 704.17)
Delivering a Notice
A notice must be in writing and delivered one of these ways:(Wis. Stat. 704.21)
- Handed to the tenant, or left at the home with a competent family member at least 14 years old who is told what it is.
- Left with a competent person in charge of or living at the premises, and mailed to the tenant's last-known address.
- Posted in a conspicuous place and mailed, but only if neither of the above can be done with reasonable diligence.
- Sent by registered or certified mail. A post office proof of certified mailing is enough to prove notice in court.(Wis. Stat. 799.40(1g))
Counting the days. Section 704.17 doesn't say how its days are counted. Wisconsin's general rule leaves out the day the notice is given and moves a last day that falls on a Sunday or legal holiday to the next day,(Wis. Stat. 990.001(4)) while the 28-day notice rule counts the day of delivery as day 1 and treats certified mail as given 2 days after mailing.(Wis. Stat. 704.19(7)) The calculator uses the later, safer dates.
The Court Case
- If the notice expires and the tenant is still there, the landlord files a small claims summons and complaint (form SC-500, eviction).(Wisconsin courts) In Dane County the landlord files a copy of the expired notice, and all parties must appear in person.(Dane County Clerk of Courts)
- The first court date is 5 to 25 days after the summons is issued, and the tenant must be served at least 5 days before it.(Wis. Stat. 799.05(3)(b))
- The landlord can add claims for unpaid rent and damages to the eviction.(Wis. Stat. 799.40) Accepting late rent after the notice or filing doesn't by itself end the case.(Wis. Stat. 799.40(1m))
- The tenant can answer in writing or in person, and can counterclaim about the rental.(Wis. Stat. 799.43) A tenant who doesn't appear can lose by default.(Wis. Stat. 799.22)
- In Dane County, a court commissioner at the first hearing encourages a written agreement (a move-out date or payment plan). Breaking it lets the landlord get judgment and the writ without another notice. Without an agreement, a trial is set before a judge.(Dane County Circuit Court)
- Applying for emergency assistance can pause the case for up to 10 working days, but not after a writ has been issued.(Wis. Stat. 799.40(4))
The Writ and the Sheriff
- If the landlord wins, the court orders judgment and a writ of restitution right away.(Wis. Stat. 799.44)
- For hardship, a tenant can ask the court to delay the writ up to 30 days from the order, if they pay all rent and charges due plus the value of staying.(Wis. Stat. 799.44(3))
- An appeal must be filed within 15 days, and doesn't stop the eviction without a court-approved bond.(Wis. Stat. 799.445)
- The writ must reach the sheriff within 30 days of being issued, and the sheriff must carry it out within 10 days of receiving it.(Wis. Stat. 799.44)(Wis. Stat. 799.45)
- In Dane County, deputies first post an order to vacate. When delivering the writ, the landlord chooses between a Sheriff-approved bonded mover (at the landlord's cost) and handling the belongings themselves. Fees as posted in 2026: $40 plus mileage to post, and $147.32 an hour for two deputies for a forced eviction, one hour minimum.(Dane County Sheriff)
Belongings and Records
- Unless a written agreement says otherwise, a landlord may treat items left behind after a move-out or eviction as abandoned, except prescription medicine and medical equipment, which must be held 7 days.(Wis. Stat. 704.05(5))
- A tenant who wrongfully stays after the tenancy ends can be ordered to pay double rent for those days.(DATCP Landlord-Tenant Guide)
- Eviction cases stay on the state court website at least 10 years if a writ was granted, or at least 2 years if dismissed with no money judgment.(Wis. Stat. 758.20)
- The deposit is still due within 21 days, counted from the dates in the security deposit rules.(Wis. Stat. 704.28)
Behind on rent in Madison? The affordable housing and rent help guide lists the programs. The City's eviction diversion partnership offers rent help, legal representation and mediation, though the City said in 2025 its funding was one-time.(City of Madison)
Free Help
- Free eviction mediation in every Dane County eviction case, by Tenant Resource Center mediators, at the hearing or beforehand at 608-257-0006 ext. 8.(Dane County Circuit Court)
- Tenant Resource Center, a Madison nonprofit with information for tenants and landlords.(Tenant Resource Center) Rental Rights Hotline: 608-257-0006. It also offers housing counseling for both sides and mediation for disputes such as security deposits and lease violations.(City of Madison)
- Legal Action of Wisconsin: apply for free legal help at (855) 947-2529. Not everyone qualifies. Its housing work covers evictions, housing conditions and security deposits.(Legal Action of Wisconsin)
- State Bar Lawyer Referral and Information Service: (800) 362-9082. The court doesn't appoint lawyers in eviction cases.(Dane County Circuit Court)
- DATCP Consumer Protection, the state agency that enforces ATCP 134: (800) 422-7128 or DATCPHotline@wisconsin.gov.(DATCP)
- City of Madison: Building Inspection takes housing code complaints at 608-266-4551,(City of Madison) and the Department of Civil Rights takes housing discrimination complaints at 608-266-4910.(City of Madison)
Questions
How long does an eviction take in Wisconsin?
It depends on the notice and the court calendar. The notice runs 5, 14, 28 or 30 days depending on the reason and the type of tenancy. The first court date is 5 to 25 days after the summons is issued. If the landlord wins, the writ must reach the sheriff within 30 days of issuance, and the sheriff must carry it out within 10 days of receiving it. A hardship stay can add up to 30 days from the judgment order.
Can a landlord evict without going to court in Wisconsin?
No. A landlord can't lock a tenant out, remove their belongings or shut off utilities to force a move. Only the sheriff, acting on a court's writ of restitution, can remove a tenant.
Can a tenant stop an eviction by paying?
On a 5-day notice for rent, paying all rent due by the date ends the matter. A 14-day notice has no right to pay and stay. After filing, a landlord can accept late rent without the case being dismissed for that reason, so any deal to stop the case should be in writing.
How long does an eviction stay on CCAP?
If a writ of restitution was granted, the case stays on the state court website at least 10 years. A dismissed eviction with no money judgment stays at least 2 years.
Is there free eviction mediation in Dane County?
Yes. Dane County requires landlords to serve tenants with information about free, voluntary mediation by Tenant Resource Center mediators, available at the hearing or by calling 608-257-0006 ext. 8 beforehand.