Being Evicted
Wis. Stat. 704.17 — 5 days to pay or leave, 14 days to leave, 30 days on a lease over a year
A Wisconsin tenancy ends for nonpayment or another breach only by a written notice given the way the statutes require, and the length of the notice depends on the kind of tenancy. "Rent" here includes past due rent and late fees on it.
| Tenancy and reason | Notice |
|---|---|
| Tenancy and reasonMonth to month or week to week, unpaid rent | NoticePay or vacate, at least 5 days |
| Tenancy and reasonMonth to month, while in default on rent | NoticeVacate, at least 14 days |
| Tenancy and reasonLease of one year or less, unpaid rent | NoticePay or vacate, at least 5 days; a second default within one year, vacate on at least 14 days |
| Tenancy and reasonLease of one year or less, other breach | NoticeRemedy or vacate, at least 5 days; a second breach within one year, vacate on at least 14 days |
| Tenancy and reasonLease of more than one year, any default | NoticePay, repair or comply, at least 30 days |
| Tenancy and reasonCriminal activity that threatens others, or drug-related criminal activity on or near the premises | NoticeVacate, at least 5 days, with no chance to remedy |
A tenant served with a notice to remedy is treated as complying by promptly taking reasonable steps and proceeding with reasonable diligence, or, where damages protect the landlord, by a good faith and reasonable offer to pay them. The criminal activity notice has to describe the activity, the date and the people, and a tenant who is the victim of the crime is not subject to it. A notice stating the wrong amount due is still valid unless it was intentionally wrong or the tenant paid or offered what the tenant believed was due.
Ending a periodic tenancy: 28 days. A month to month or other periodic tenancy, or a tenancy at will, ends on written notice from either side of at least 28 days, and a periodic tenancy only at the end of a rental period. Where rent is paid more often than monthly, notice equal to the rent period is enough.
After the notice runs out, the landlord's remedy is a civil eviction action in court. The action is not dismissed because the landlord accepted past due rent after serving the notice or filing. The court stays the case if the tenant applies for emergency assistance, until eligibility is decided and any assistance arrives, for not more than 10 working days, and no stay is granted once a writ of restitution has issued.
Sources for this section (3)
- Wis. Stat. 704.17 — Notice terminating tenancies for failure to pay rent or other breach by tenant
- Wis. Stat. 704.19 — Notice necessary to terminate periodic tenancies and tenancies at will
- Wis. Stat. 799.40 — Eviction actions
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.