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Eviction notice rules in Wisconsin

Nonpayment notice

5-day notice to pay rent or vacate (Wis. Stat. § 704.17(1p)(a), (2)(a)). Repeat default within 12 months → 14-day notice to vacate with NO right to cure. Leases longer than 1 year: 30 days' notice (§ 704.17(3)).

Lease-violation notice

First non-rent violation: 5-day notice to cure or vacate; repeat violation within 1 year: 14-day notice, no cure (§ 704.17(1p)(b), (2)). Lease of more than 1 year: 30-day cure period.

Unconditional quit (no second chance)

Criminal activity threatening health, safety, or peaceful enjoyment, or drug-related activity confirmed by law enforcement → 5-day notice to vacate with no cure (§ 704.17(2)(c)).

No-cause / end-of-tenancy notice

Month-to-month (and other periodic tenancies): at least 28 days' written notice, and the termination date must fall at the end of a rental period (§ 704.19(2)-(3)).

How the notice must be served

Certified mail, personal hand delivery, delivery to a family member or person of suitable age/discretion at the residence, or service by a sheriff/process server with a declaration of service (§ 704.21 — service-method detail needs statute verification).

Your right to fix it (cure)

First offense (nonpayment or violation): 5 days to pay or cure. >1-year leases: 30 days. Repeat offense within 12 months or drug/nuisance: no cure.

How days are counted

Unverified — needs attorney review (no day-counting rule confirmed in this research pass).

After the notice expires

Landlord must file an eviction action in small claims court (Wis. Stat. Ch. 799); tenant need not leave until a judgment of eviction. Self-help (lockouts, utility shutoffs) is illegal (§ 704.44(2m); ATCP 134.08(2)).

Court timeline

Small-claims eviction hearing typically within weeks of filing; writ of restitution after judgment. Exact docket timing varies by county — unverified.

Retaliation & defenses

Retaliatory conduct prohibited: no eviction, rent increase, service decrease, or nonrenewal in retaliation for good-faith code complaints or exercising tenant rights (Wis. Stat. § 704.45).

The one thing to remember: in Wisconsin, as in every state, a notice is not an eviction. Your landlord must file a case, serve you properly, and win before a judge. Only a court order can remove you.

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