A residential landlord must follow the Wisconsin eviction process or the action may be dismissed. Dependent on the type of eviction and if the tenant is allowed to remedy the lease violation or pay the rent owed, the Wisconsin eviction process offers several eviction notices.
A court order is required for all evictions and a tenant is entitled to due process if they face eviction. Landlords who ignore this and try to evict tenants by for example shutting of utilities or threatening tenants could face a civil suit by the tenant.
This 5 day Wisconsin eviction notice to pay (exclusive of weekend days and the day it is served) is for nonpayment of rent or for any other lease violation that allows the tenant an opportunity to remedy the lease violation or pay the rent that is due. For lease provision violations, Wisconsin law allows the tenant to take “reasonable steps” to remedy the violation within the notice period. This includes making a good faith or reasonable offer to pay for any damages.
The 5-day notice to quit with no opportunity to remedy the lease violation is in effect if the landlord is notified by law enforcement that the tenant is distributing or manufacturing illegal drugs.
No opportunity is given to the tenant to remedy the lease violation. This type of notice can only be served on leases of one year or less if the landlord has already served a 5-day notice for the initial lease violation and the subsequent violation is for the breach of the same type. This notice can also be served for week-to-week or month-to-month leases.
This is a non-renewal notice that is served and advises the tenant that the lease will expire on a certain day.
For leases of more than a year, a 30-day notice to pay the overdue rent, comply with the lease or to vacate can be served.
A landlord may hand deliver the notice to the tenant or they can leave a copy with someone in the household who is at least 14 years of age. If no one is available, the notice may be posted on the unit’s door and mailed to the tenant. Proof of service must be shown. The notice should specify the reason for the eviction request and whether the tenant either has the opportunity to stop the lease violation or not.
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