Eviction notices in Wisconsin

For a lease of one year or less, a year-to-year, month-to-month or week-to-week tenant, the landlord may give notice to pay rent or vacate on a date at least 5 days after the notice (Wis. Stat. § 704.17(1p)(a), (2)(a)). If the tenant had another rent default with notice within the prior year, the landlord may give a 14-day notice to vacate with no right to pay; a month-to-month tenant in default can be given a 14-day notice to vacate at any time. For a lease longer than one year, the notice must give at least 30 days to pay (§ 704.17(3)(a)). Lease terms contrary to these rules are invalid except in leases over one year (§ 704.17(5)).

Can the tenant pay to stop it? The tenant can stop the termination by paying the rent (including past-due rent and late fees) on or before the date in the 5-day notice.

Type:

Pay or move out

Notice period:

5 days

Law:

Wis. Stat. § 704.17(1p)(a), (2)(a), (3)(a)

For waste, a material violation of § 704.07(3), or breach of another lease term, the landlord may give a notice to remedy or vacate at least 5 days after the notice (Wis. Stat. § 704.17(1p)(b)1., (2)(b)). For leases over one year, the notice must give at least 30 days (§ 704.17(3)(a)).

Chance to fix it: The tenant complies by promptly taking reasonable steps to fix the breach and proceeding diligently, or, if damages are enough, making a good-faith offer to pay the landlord's damages.

Type:

Fix it or move out

Notice period:

5 days

Law:

Wis. Stat. § 704.17(2)(b)

If the tenant again commits waste or breaches the lease within one year after a cure notice, the landlord may give a 14-day notice to vacate with no right to cure; a month-to-month tenant may be given a 14-day notice for any breach (Wis. Stat. § 704.17(1p)(b), (2)(b)). For criminal activity threatening others' health, safety or peaceful enjoyment, or drug-related criminal activity, a 5-day notice to vacate with no right to cure may be given (§ 704.17(3m)); the same 5-day notice applies after written notice from police or the district attorney of a drug or criminal nuisance (§ 704.17(1p)(c), (2)(c), (3)(b)).

When it applies: A repeat breach within one year after a prior notice to remedy, or (for month-to-month tenants) any breach.

Notice period:

14 days

Law:

Wis. Stat. § 704.17(1p)(b), (2)(b), (3m)

The first day (the day the notice is given) is excluded and the last day included; if the last day falls on a Sunday or legal holiday it moves to the next secular day (Wis. Stat. § 990.001(4)(a), (b), (d)). Saturdays are not excluded. The notice must name a date on or before which the tenant must pay, fix or vacate. The statute adds no extra days for mail.

(a) personal delivery to the tenant, or leaving a copy at the tenant's home with a competent family member at least 14 who is told what it is; (b) leaving a copy with a competent person in charge of or occupying the premises AND mailing a copy; (c) if (a) or (b) cannot be done with reasonable diligence, posting in a conspicuous place on the premises AND mailing a copy; (d) registered or certified mail to the last-known address; or (e) service like a summons. A notice actually received is valid even if not given by these methods (Wis. Stat. § 704.21(1), (5)).

The landlord files an eviction action in small claims court (Wis. Stat. § 799.40). The summons return date is 5 to 25 days after issuance and must be served at least 5 days before the return date, when the tenant must appear (§ 799.05(3)(b)). If the landlord wins, the court orders judgment for restitution; a hardship stay of up to 30 days may be granted if the tenant pays rent due (§ 799.44). Only the sheriff executes a writ of restitution (§ 799.45). Self-help eviction (lockouts, forcible or constructive eviction) is prohibited (Wis. Admin. Code ATCP 134.09(7)).

• A notice with an incorrect amount due is still valid unless the error was intentional or the tenant paid or tendered what the tenant believed was due (Wis. Stat. § 704.17(4m)).
• The criminal-activity 5-day notice does not apply to a tenant who is the victim of the crime (§ 704.17(3m)(c)).

• Wisconsin notice to end a month-to-month tenancy (no-cause notice by tenant or landlord)
• Wisconsin security deposit law: deadlines after move-out
• Federal 30-day notice for covered properties (CARES Act)

• Wis. Stat. § 704.17 Retrieved October 13, 2026.
• Wis. Stat. § 704.21 Retrieved October 13, 2026.
• Wis. Stat. § 799.05 Retrieved October 13, 2026.
• Wis. Stat. §§ 799.40-799.45 Retrieved October 13, 2026.
• Wis. Stat. § 990.001 Retrieved October 13, 2026.
• Wis. Admin. Code ATCP 134.09(7) Retrieved October 13, 2026.
• Wisconsin Legislative Council IM-2024-12: Eviction of a Residential Tenant Retrieved October 13, 2026.

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; if you have an eviction case, contact your state's legal aid. See our methodology.