Wis. Stat. Sec. 704.17 sets the pre-eviction notice. For nonpayment of rent on a month-to-month tenancy or a lease of one year or less, the landlord gives a 5-day notice to pay or vacate; a second default within a year allows a 14-day no-cure notice. Notices for other lease breaches follow the same 5-day cure or 14-day pattern. Eviction itself proceeds under ch. 799.
Under Wis. Stat. Sec. 704.17, a landlord may end a month-to-month tenancy or a tenancy for one year or less for nonpayment by giving notice requiring the tenant to 'pay rent or vacate on or before a date at least 5 days after the giving of the notice.' If the tenant received such a notice and paid, then defaults again within one year, the landlord may give an unconditional notice to 'vacate on or before a date at least 14 days after the giving of the notice.' For other material breaches, the landlord gives a notice to remedy the default or vacate at least 5 days out; a repeat breach within a year allows a 14-day no-cure notice. The notice must comply with statutory form; only after the notice period expires uncured may the landlord file an eviction (small-claims) action under ch. 799.
A defective or premature notice can be dismissed, forcing the landlord to restart. Self-help eviction, lockout, or utility shutoff outside the ch. 799 court process is a prohibited practice (ATCP 134.09) exposing the landlord to double damages and attorney fees under Wis. Stat. Sec. 100.20(5).
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Middleton, WI
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