How to Make Evictions Valid in Wisconsin

Wisconsin landlords are allowed by the state to evict tenants who fail to pay rent on time. However, it is vital that landlords follow the proper legal framework to make evictions valid and avoid further complications.

  • Friday, June 12, 2015

  General   Legal   Wisconsin   Eviction Guide   

Wisconsin landlords are allowed by the state to evict tenants who fail to pay rent on time. However, it is vital that landlords follow the proper legal framework to make evictions valid and avoid further complications. Here's a quick guide to Wisconsin evictions.

Five Day Notice to Pay or Vacate

When a tenant fails to pay rent, the first step in the Wisconsin eviction process is the issuing of a five-day notice to pay or vacate. This notice must include the date of the notice, the name(s) and address of the tenant(s), the reason for the notice (i.e. failure to pay rent), total amount of rent owed and to whom it must be paid, a statement that the tenant has five days, including weekends and holidays, to pay the money owed or vacate the rental property, and a statement explaining how the notice was delivered to the tenant(s).

A landlord has several options for delivery of the five-day notice:

  1. the landlord may personally give a copy of the notice to the tenant or a member of the tenant's family who is at least 14 years old,
  2. the landlord may give the notice to someone at the rental unit and mail a copy to the tenant's last known address
  3. the landlord may post the notice in a highly visible place at the rental property, such as taped to the front door, and mail a copy to the tenant's last known address, or,
  4. the landlord may mail a copy of the notice via certified or registered mail to the tenant's last known address.

Eviction Lawsuits

If the tenant has not paid the rent owed or vacated the rental property by the end of the five-day term defined by the notice, the landlord may begin the eviction lawsuit with a court. The landlord will file a complaint and summons with the small claims court of the county in which the rental property is located. The tenant will receive copies of the documents, and a date and time for a hearing before a judge.

At the hearing, the judge will listen to both sides of the story, from the landlord and the tenant. The judge will then make a final decision regarding the eviction lawsuit. If the judge rules in the landlord's favor, a court order will be issued for the eviction of the tenant(s).

Removing the Tenant

Even with a court order, it is illegal for a landlord to attempt forcibly removing a tenant. If the landlord tries to remove a tenant by force, the tenant is allowed to sue.

Keep reading us at VerticalRent as we explore all U.S. eviction laws.

DISCLAIMER:

VerticalRent® is not a law firm, and the employees of VerticalRent® are not acting as your attorney.Our free eviction notice service is not a substitute for the sound advice of a local attorney, whom is familiar with your local laws and regulations.VerticalRent® cannot provide you with legal advice, nor are we permitted to engage in the practice of law.Therefore, we are prohibited from providing you with any sort of advice, opinion, explanation, or recommendation about your possible legal rights – which may include remedies, options, defenses, or the selection of landlord forms available on the VerticalRent platform.

Our platform is designed to provide landlords and property managers with an education portal to share ideas, connect with one another, screen applicants, collect rent online, advertise vacancies, and generate free landlord forms.To that extent, our blog and community often publishes general information on legal issues commonly encountered by landlords – such as evicting tenants.

Although VerticalRent takes every reasonably effort possible to ensure the accuracy of its consumer reports and landlord forms, we do not guarantee or warrant the information to be correct, complete, or up - to - date.The law changes rapidly in across the United States, from jurisdiction to jurisdiction.

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