Wisconsin Eviction Laws

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

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

Some citations below have not been confirmed against their official source. Confirm current requirements with local legal aid or an attorney.

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.

Source confirmed · Official state source

View archived excerpt
“704.17704.17 Notice terminating tenancies for failure to pay rent or other breach by tenant. 704.17(1g)(1g) Definition. In this section, “rent” includes any rent that is past due and any late fees owed for rent that is past due. 704.17(1p)(1p) Month…”

Wis. Stat. § 799.40

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

Not confirmed against its source · checked

Wis. Stat. § 704.45

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

Source confirmed · Official state source

View archived excerpt
“704.45704.45 Retaliatory conduct in residential tenancies prohibited. 704.45(1)(1) Except as provided in sub. (2), a landlord in a residential tenancy may not increase rent, decrease services, bring an action for possession of…”

Legal Aid Resources

Legal Action of Wisconsin

855-947-2529

Southeast Wisconsin including Milwaukee

Tenant Resource Center

608-257-0006

Dane County / Madison area

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