Wisconsin Eviction Laws

Wisconsin requires a 5-day written notice to pay rent or vacate for nonpayment of rent for month-to-month tenancies.

Last reviewed:

Key Rules

Nonpayment Notice
5 days written notice to pay rent or vacate (month-to-month tenancy)
Lease Violation Notice
5 days to cure for certain lease violations; others allow immediate termination
Periodic Tenancy Notice
28 days notice for month-to-month termination
Rent Control
No rent control — Wisconsin preempts local rent control ordinances

Applicable Statutes

Wis. Stat. § 704.17

Notice requirements for eviction: for nonpayment of rent, landlord must give 5-day written notice to pay or vacate for tenancies of 1 year or less; 30 days for tenancies exceeding 1 year.

Wis. Stat. § 799.40

Eviction (forcible entry and detainer) procedure: all evictions must proceed through court. Self-help eviction is prohibited.

Wis. Stat. § 704.45

Retaliation prohibited: landlord may not retaliate against tenant for reporting habitability violations, joining a tenant organization, or exercising legal rights.

Legal Aid Resources

Legal Action of Wisconsin

414-278-7722

Southeast Wisconsin including Milwaukee

Tenant Resource Center

608-257-0006

Dane County / Madison area

Read the Full Eviction Laws Guide

Our comprehensive guide covers federal law, common defenses, real-world examples, and what to do if your rights are being violated.

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