Wisconsin Eviction Notice Forms | Notice to Quit | PDF
To recover possession of a residential unit a landlord must submit the proper Wisconsin eviction forms to give notice and inform the tenant of the breaking of their lease. The tenant will usually have time to either re-pay what is owed or cure the issue. If the landlord must proceed with a court eviction they must follow all State laws.
1. Notice
Before filing an eviction, the landlord must give the tenant a written notice that the tenant will potentially be evicted. Different reasons for eviction require different notices. For failure to pay rent or other lease violations, the landlord must give the tenant a notice stating that the tenant has five days to pay the rent/fix the violation or leave.
If the landlord has already served a five-day notice, and this is the tenant’s second violation, the landlord can serve a 14-day notice that does not allow the tenant to fix the problem. However, if the lease is for more than one year, the property owner must give the tenant a 30-day notice for failure to pay rent. For month-to-month leases, owners must give tenants a 28-day notice.
2. File the Eviction Complaint
After the notice period has run, the owner may file an eviction complaint if the tenant did not correct the problem or leave the property. The owner must do this at the circuit court of the county where the property is located. The court will have a sheriff serve the complaint and summons to the tenant, and filing the documents will require a fee.
The documents must be served at least five days before the initial court appearance. The owner should retain proof of service no matter whether the sheriff or a private server serves the tenant. The owner will have to file this receipt of service before the first court date.
3. Court Hearings
The summons will instruct the parties when to come to court. There are two possible court dates. At the first, the court will attempt to get the parties to settle the dispute. This is a good opportunity to resolve the issue if the tenant has not created ongoing problems. The tenant must appear at this hearing, however, if he or she wishes to remain in the property. Otherwise, the landlord will win the case.
If both parties appear at the first hearing, but cannot settle the dispute, there will be an eviction trial. At the trial, both parties may argue why the eviction should or should not take place. Each party should bring any evidence that supports their case, such as copies of the lease and notice and any other relevant documents, or witnesses.
If the landlord wins, the judge will issue an order of possession. If the tenant does not leave the property after that, the landlord can get a Writ of Restitution from the court, which the sheriff will serve to the tenant and gives the tenant 10 days to leave. After 10 days, the sheriff will give the tenant 24 hours to leave the property before removing the tenant physically.
Sources