Wisconsin eviction rules for tenants

Notice for unpaid rent

Month-to-month: the landlord can give a 14-day notice ending the tenancy with no option to pay, or a 5-day notice to pay or move. Lease of one year or less: the landlord must first give a 5-day notice to pay or move out; if you pay and are late again within 12 months, a 14-day notice with no chance to pay. (Leases longer than one year have a longer notice under Wis. Stat. 704.17; not confirmed in the sources we could load.) Even one day late can lead to a notice.

Notice for a lease violation

Same structure as nonpayment: a 5-day notice to fix the breach or move (required first for leases), or a 14-day notice with no cure for month-to-month tenancies or a repeat breach within 12 months. Criminal or drug activity that threatens others: 5-day notice to vacate with no cure, with required content. Wis. Stat. 704.17.

Ending a month-to-month tenancy

Landlord or tenant: written notice at least 28 days before the next rent due date. Tenants may deliver it in person or by certified or registered mail. Wis. Stat. 704.19, 704.21. Leases with automatic renewal clauses can't be enforced unless the landlord sends a reminder 15 to 30 days before your notice deadline (Wis. Stat. 704.15).

Time to respond to an eviction lawsuit

You will be served a small claims summons with a court date (return date). Go to court on that date to contest the eviction; if you don't appear, the landlord can automatically win. Evictions are heard in small claims court regardless of the amount owed.

Lockouts and utility shutoffs

The landlord may not lock you out, force you out, or 'constructively' evict you (for example by cutting utilities, changing locks or removing doors) without a court eviction order, and may not take your belongings except as the law allows. ATCP 134.09(4), (7). A lease clause allowing self-help eviction makes the whole lease void (ATCP 134.08(2)). You can sue for twice your money loss plus attorney fees (Wis. Stat. 100.20(5)).

Court self-help

The court's eviction self-help page

Law

Wis. Stat. 704.17, 704.19, 704.21, 799.40-799.45; ATCP 134.08, 134.09

The landlord may not raise rent, cut services (like water, electricity or heat), refuse to renew, or bring or threaten an eviction to retaliate because you reported code or ATCP 134 violations to the government, complained to the landlord about violations, asserted your tenant rights, or joined or organized a tenant union. Lease clauses allowing retaliation for calling police, health or safety services make the lease void. ATCP 134.08(1), 134.09(5).

Notice of a rent increase

No statute sets a rent increase notice. Rent can't go up during a lease unless the lease allows it; for month-to-month tenancies, the landlord can change terms by ending the tenancy with 28 days' notice.

Rent control

No statewide rent control. DATCP says there are no state laws limiting the amount of a rent increase. State law (Wis. Stat. 66.1015) is generally understood to bar cities from adopting rent control, but that statute text could not be read in this check.