Wisconsin Statewide Rule
Wisconsin Eviction Notice Periods (Wis. Stat. Sec. 704.17)
Key Facts
- Nonpayment (first)
- 5-day pay-or-vacate (Sec. 704.17)
- Repeat nonpayment within a year
- 14-day no-cure notice
- Lease breach (first)
- 5-day cure-or-vacate
- Repeat breach within a year
- 14-day no-cure notice
- Court process
- Eviction filed under ch. 799
Summary
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.
If a tenant under a lease for a term of one year or less, or a year-to-year tenant, fails to pay any installment of rent when due, the tenant's tenancy is terminated if the landlord gives the tenant notice requiring the tenant to pay rent or vacate on or before a date at least 5 days after the giving of the notice and if the tenant fails to pay accordingly. If a tenant has been given such a notice and has paid the rent on or before the specified date, or been permitted by the landlord to remain in possession contrary to such notice, and if within one year of any prior default in payment of rent for which notice was given the tenant fails to pay a subsequent installment of rent on time, the tenant's tenancy is terminated if the landlord, while the tenant is in default in payment of rent, gives the tenant notice to vacate on or before a date at least 14 days after the giving of the notice.
Full Breakdown
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.
Violations & Penalties
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).
Frequently Asked Questions
How many days' notice before eviction for unpaid rent in Wisconsin?
What notice is required for a lease violation in Wisconsin?
Can a Wisconsin landlord lock out a tenant instead of going to court?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.