Wisconsin Eviction Law at a Glance
State Statute
Wis. Stat. §704.17 — Wisconsin Landlord-Tenant Law
Notice Periods
- Nonpayment: 5-Day Pay or Quit
- Lease violation: 5-Day Notice to Cure (14-Day for Month-to-Month)
- Unconditional: 14-Day Unconditional Quit
- End of tenancy: 28-Day Notice to Vacate
Available Defenses
- Habitability (Wis. Stat. §704.07)
- Retaliation (Wis. Stat. §704.45)
- Procedural defects
- Discrimination (Fair Housing Act)
Right to Cure
YES — Tenant has 5 days to pay past-due rent or cure lease violations
Self-Help Eviction
PROHIBITED — Landlord must use court process (Wis. Stat. §704.11)
Court & Filing
Circuit Court (Small Claims)
Landlord must file eviction action in circuit court small claims division
Complaints: Wisconsin Attorney General Consumer Protection Bureau
Additional Protections
- Self-help eviction prohibited
- 28-day notice required for month-to-month termination
- Milwaukee has additional local tenant protections
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Wisconsin Eviction Response FAQ
How many days do I have to respond to an eviction notice in Wisconsin?
In Wisconsin, the response deadline depends on the type of eviction notice: Nonpayment: 5-Day Pay or Quit; Lease violation: 5-Day Notice to Cure (14-Day for Month-to-Month); Unconditional: 14-Day Unconditional Quit; End of tenancy: 28-Day Notice to Vacate. Missing your deadline can result in a default judgment and forced move-out.
What defenses can I raise against eviction in Wisconsin?
Available defenses in Wisconsin include: Habitability (Wis. Stat. §704.07), Retaliation (Wis. Stat. §704.45), Procedural defects, Discrimination (Fair Housing Act). The availability depends on your specific circumstances.
Does Wisconsin require landlords to give tenants a right to cure?
Yes. Tenant has 5 days to pay past-due rent or cure lease violations
Can my landlord evict me without going to court in Wisconsin?
No. Under Wis. Stat. §704.11, self-help eviction is prohibited in Wisconsin. Your landlord must file in Circuit Court (Small Claims) and obtain a judgment.
What should I include in an eviction response letter in Wisconsin?
Your letter should: (1) identify the notice by date and type, (2) cite Wis. Stat. §704.17, (3) assert applicable defenses, (4) demand proper legal procedure, (5) state your intent to defend in court, and (6) be sent via certified mail.
Where can I file a complaint against my landlord in Wisconsin?
File complaints with the Wisconsin Attorney General Consumer Protection Bureau and the U.S. Department of Housing and Urban Development (HUD). For illegal self-help eviction, contact local law enforcement.
Eviction Response Letters by State
Select your state to see your specific protections.