Eviction Process in 2025: What Wisconsin Landlords & Tenants Need to Know About the New Rules

The 2025 Wisconsin Eviction Process at a Glance

Whether you’re a landlord looking to protect your property investment or a tenant trying to understand your rights, navigating an eviction in Wisconsin means following a clear set of rules. For 2025, the process remains largely based on Chapter 799 of the Wisconsin Statutes, with no major updates—but there are some best practices and common pitfalls to keep in mind.

This guide breaks down the essentials—notice types, timelines, key paperwork, court hearings, and the rights and obligations of both sides.

1. Notice Requirements: Setting the Stage for Eviction

Before a landlord can file for eviction, Wisconsin law requires giving tenants proper written notice. The type—and length—of notice depends on the tenant’s lease agreement and the nature of the issue.

Non-payment of rent or lease violations:
- 5-Day Notice to Pay or Quit: Most common for tenants who have missed a rent payment or broken a lease rule. It gives the tenant five days to resolve the issue or leave.
- 14-Day Notice to Vacate: Used if the tenant has repeatedly violated the lease or for certain serious problems. No option to fix—just leave.
Month-to-month or week-to-week renters:
- 28-Day Notice: For tenants on a month-to-month agreement, landlords must provide at least 28 days’ notice to terminate.
- 7-Day Notice: If rent is paid weekly, a seven-day notice applies.
Leases over one year:
- 30-Day Notice: Required to end the lease, unless otherwise written in the contract.

Notices must always be in writing and delivered by a method specified by statute (in person, left at the residence, or mailed). If a landlord skips this step or makes technical errors, the entire case can be thrown out.

2. Common Grounds for Eviction: What’s Valid in Court?

Eviction isn’t a catch-all solution. Landlords can only seek to remove tenants for reasons recognized by law, such as:

Non-payment of rent
Violation of lease terms (such as having unauthorized pets or subletting)
Property damage
Illegal activities on the premises (such as drug use or harboring)
End of lease without renewal
Nuisance behavior impacting neighbors

Providing solid evidence—like payment histories, photos of damage, or copies of prior warnings—will be crucial during the hearing.

3. Filing the Lawsuit: How Legal Proceedings Begin

If the eviction notice doesn’t resolve things, the next step for landlords is to file a small claims action in the circuit court for the property’s county. The process includes several key steps:

Documents Needed

Summons and Complaint (Form SC-500): The official paperwork to start the case
Proof of Service: Evidence that the eviction notice was properly delivered
Lease Agreement Copy: (if applicable)
Supporting Documentation: Payment records, emails, or texts about violations

Filing fees in Wisconsin range from about $95 to $115, depending on the county.

Serving the Court Papers

Following the court’s acceptance of the lawsuit, summons and complaint must be served to the tenant. This can be done by:

The county sheriff
A private process server (like Curtis Civil Process, LLC)
Any uninvolved adult over 18

Personal service is the gold standard. If multiple attempts fail, alternate service (leaving papers with a responsible person at the residence or posting plus mailing) is allowed by law.

4. Going to Court: What to Expect at the Hearing

Once served, tenants generally get at least five days’ notice before the hearing, which is scheduled 5–25 days after filing. Both sides should prepare, bringing relevant paperwork, notices, and any communication.

At the hearing:

The judge reviews documents and listens to both sides.
Landlords must prove the violation and that notice requirements were met.
Tenants can present defenses (e.g., improper notice, landlord retaliation, repair issues) or evidence that claims are inaccurate.

Possible results:

Judgment for landlord: The court issues a writ of restitution, allowing the landlord to recover the property.
Judgment for tenant: The case is dismissed; the tenant may remain.

5. Timeline, Eviction Writs, and Move-Out Dates

The total eviction process in Wisconsin, start to finish, can range from 2 to 4 months, depending on issues like court scheduling or contested cases.

Notice period: 5–30 days (depending on violation and lease)
Service of summons: Must be at least 5 days before hearing
Court process: About 25–55 days
Post-judgment move-out: Immediate to 30 days per court order
Writ of restitution: Issued immediately; sheriff has up to 10 days to remove tenant once writ is received

Only the sheriff may physically remove tenants. Landlords are forbidden from changing locks, removing belongings, or shutting off utilities as a form of “self-help.”

6. Special Notes for Landlords: Avoiding Common Traps

Stick to the script: Every step—notice, service, evidence—has to be by the book.
Document everything: Texts, emails, photos, and payment records are essential, especially for contested hearings.
Never use self-help: Changing locks, removing doors, or personal confrontations can lead to hefty fines and court penalties.
Work with a professional: Experienced process servers (like Curtis Civil Process, LLC) can prevent service mistakes that cause cases to be dismissed.

If you hit a legal question, it doesn’t hurt to talk to a landlord-tenant attorney for guidance before starting the process.

7. What Tenants Need to Know: Rights, Defenses, and Resources

Tenants have several protections under Wisconsin law—even if an eviction notice has arrived.

Challenge improper notices: If the landlord didn’t serve notice properly or the paperwork is incomplete, the case can be dismissed.
Defend against retaliation: It’s illegal for landlords to evict a tenant for reporting code violations or organizing tenants.
Request a stay of execution: If moving out will cause undue hardship (health, family, emergencies), tenants can ask the court for up to 30 days to find new housing.
Get representation: Nonprofit legal services in Wisconsin can help with eviction cases, and some counties offer free legal aid clinics.

Respond promptly and follow court dates—ignoring a summons usually means default judgment.

8. Frequently Asked Questions

Do these laws apply to all rental properties?
Most do, but exceptions exist for certain owner-occupied buildings or short-term rentals. Always double check with local ordinances.

Can a landlord accept partial rent and still evict?
If the notice allows for payment—yes. But if the landlord accepts partial rent after the deadline, it may reset the process.

What about COVID-19 or emergency moratoriums?
As of 2025, no state-wide mandated eviction pauses are in place in Wisconsin, but local rule changes can always pop up.

9. Resources for Landlords and Tenants

10. In Closing

The 2025 eviction process in Wisconsin sticks close to the tried-and-true legal framework—making it critical for landlords and tenants to know their rights, their responsibilities, and their deadlines. Whether you’re posting a notice or fighting to stay in your home, thorough preparation is your best bet.

If you need further assistance with process serving or have questions, reach out to the dependable team at Curtis Civil Process, LLC.

Curtis Civil Process, LLC

"Quality, Efficient and Legal Service of Process."