Wisconsin eviction laws without lease cover 3 types of tenants.
- Under Wisconsin law, tenants renting for an undefined period without a written agreement, who pay rent on a regular basis are classed as periodic tenants or tenants at will.
- Tenants with an oral agreement to pay rent for a defined period with a start date and an end date, have a fixed-term lease. Landlords cannot evict these tenants without cause.
- Tenants who remain in a property without permission after their lease ends are classed as holdover tenants.
To evict tenants, landlords must give proper notice. If the tenants refuse to move out, a court order is necessary.
Wisconsin Eviction Laws Without Lease 2024
Landlords in Wisconsin cannot forcibly remove any tenant or their belongings without a court order.
Landlords cannot use “self-help” measures such as harassment, changing the locks, removing doors, or shutting off utilities to force a tenant out.
Periodic tenants, tenants without a written lease, and holdover tenants must be notified in writing that their tenancy is being terminated before an eviction lawsuit can be filed.
The required notice period depends on the type of tenancy and the lease violation.
Self-help evictions and filing for eviction without giving proper notice are illegal.
Periodic/At Will Tenants Notice Period
In Wisconsin, landlords don’t need a reason to terminate a periodic tenancy but must give the tenant written notice to move out.
When rent is paid weekly, the notice must be at least 7 days. When rent is paid monthly, the notice period must be at least 28 days.
When periodic tenants don’t pay their rent, landlords can issue:
- 5-day notice to pay or vacate (chance to fix)
- 14-day notice to vacate (no chance to fix)
Holdover Tenants Notice Period
When tenants remain at a property after their lease has expired they become holdover tenants. Wisconsin law requires landlords to give holdover tenants 28 days’ notice to move out.
If the tenants don’t move out by the end of the notice period, the landlord can file for eviction.
No Written Lease Notice Period
When tenants have an oral agreement to rent a residence for a defined period (1 year or less) with a start date and an end date, they have a fixed-term lease. Rental agreements over 1 year require a written lease.
Tenants with a fixed-term lease cannot be evicted before their lease expires unless the landlord has good cause.
Good cause includes:
- Non-payment of rent
- Lease violations
- Illegal activity/harm
Depending on the cause landlords can issue:
- 5-day notice to pay or vacate
- 5-day notice to cure or vacate
- 14-day notice to vacate
- 5-day notice to vacate (illegal activity/harm)
Eviction Process Wisconsin
The eviction process in Wisconsin follows these steps.
- Written Notice: Before filing for eviction landlords must give tenants written notice. The notice specifies the reason for eviction (non-payment of rent, lease violation, end of lease) and gives the tenant a specific time frame to fix their lease violation or move out.
- Summons and Complaint: If the tenant doesn’t fix the lease violation or move out when the notice period expires, the landlord can take legal action to evict the tenant by filing a summons and complaint with the county small claims court.
- Court Hearing: At the hearing, the landlord presents their eviction case and the tenant presents any defense they may have against the eviction. Some Wisconsin counties require both parties to attend mediation to try to resolve the dispute.
- Writ of restitution: If the court orders the eviction, the judge issues a writ of restitution which allows the tenant to be removed from the property.
- Eviction Takes Place: If the tenant doesn’t move out, sheriff’s officers will remove the tenant from the property. When officers arrive, tenants have about 15 minutes to gather their property and leave.
How To Evict A Family Member In Wisconsin
Evicting a family member follows the same process as a landlord evicting a tenant. You must give your relative 28 days written notice to vacate the property.
If your family member doesn’t move out, you’ll need to file an eviction lawsuit with the small claims court in your county.
Don’t attempt to remove your relative or their possessions without a court order. Once you have a court order, the sheriff will help you carry out the eviction.
Wisconsin Tenant Rights No Lease
Tenants without a lease or tenants whose lease has expired have rights under Wisconsin law.
- Landlords must give proper written notice before starting eviction proceedings
- If an oral rental agreement exists with fixed start and end dates, the tenant cannot be evicted without cause
- Tenants without a lease can fight the eviction at the court hearing
- Tenants cannot be forced to leave a property without a court order
- Landlords cannot change the locks or shut off utilities
- Landlords carrying out illegal evictions can be sued for damages
- Landlords cannot carry out retaliation evictions (e.g. when a tenant complains to a housing agency)
- Tenants can withhold a portion of the rent if the landlord fails to maintain the property or provide utility services
Tenants facing eviction can get help from local housing advocacy organizations.
Low-income tenants in Wisconsin can get free legal help from:
- Legal Action of Wisconsin: https://legalaction.org/
- Judicare Legal Aid: https://www.judicare.org/
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Alex Graham is a co-founder and manages high-quality content that helps once evicted/ex-felons find a place to call. home. Alex believes even if he can help one person return to a good, wholesome life it is well worth the effort.