If you are being evicted in the state of Wisconsin, you may not know how to proceed. Learning about the eviction process in Wisconsin can help you understand your rights and options under the law. After reading this guide, you will understand the steps involved in the eviction process in Wisconsin and how long each step will take.
Before your landlord can begin the legal eviction process in Wisconsin courts, he or she must give you adequate and proper legal notice. The duration of the notice depends on the reason your tenancy is being terminated and the length of time your lease is for.
If you are being evicted from a lease longer than 1 year, you must be given a 30 day notice to correct any problems with the lease or pay late rent. If your lease is for 1 year or less, and you are late with a rent payment, you may be served with a five-day notice that allows you only five days to pay the late rent or face eviction proceedings.
When your landlord feels you have violated your lease, he may give you a five-day notice that asks you to either vacate the premises or take reasonable steps to bring yourself back into compliance with the lease. Typically, your landlord will let you know in the notice what steps are expected—for instance, re-homing an unauthorized pet.
At this stage of the eviction process in Wisconsin, no court papers have yet been filed. This is the cheapest and easiest time to negotiate a deal with your landlord, before court costs begin to pile up.
Court Filings and Hearings
If the notice period has expired and you have neither moved out nor addressed the issues you were notified about, your landlord may begin the legal eviction process in Wisconsin. This process begins when your landlord files an eviction complaint.
You will be served with a copy of the complaint, which details why you are being evicted, and the summons, which tells you when your court date will be held. You are not required to come to this court date, but if you do not, your landlord will win the eviction suit by default and the eviction process in Wisconsin will continue.
At the first court date, your landlord and you will discuss the issues in front of a judge and the judge will try to get you to come to an agreement. If you cannot settle, you will have a second court date and trial. Once more, you are not required to appear at the trial, but if you fail to appear, you will lose the eviction suit.
Writ of Restitution
If your landlord wins the trial, or if you did not appear for either court date, a court order will be issued that demands you leave the property in a certain time or face forcible removal. If you still do not remove yourself from the premises after this warning, the judge can issue a writ of restitution to your landlord that allows the sheriff to forcibly evict you after just 24 hours of notice.