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Understanding Tenant Eviction Rights in Wisconsin: A Comprehensive Guide

Posted by Nathan DeLadurantey | Jun 23, 2023

Being aware of your rights as a tenant is crucial when renting a property. In Wisconsin, just like in many other states, specific laws and regulations govern the eviction process to protect tenants from unfair treatment. Understanding these tenant eviction rights empowers renters to navigate the legal landscape confidently. In this blog post, we will delve into the key aspects of tenant eviction rights in Wisconsin, shedding light on the process, notice requirements, and legal protections available to tenants.

  1. Eviction Process in Wisconsin: In Wisconsin, landlords must follow a legal process to evict tenants. Generally, the eviction process involves the following steps:

a. Written Notice: Before filing an eviction lawsuit, landlords must provide tenants with a written notice specifying the reason for eviction, such as nonpayment of rent, lease violations, or end of the lease term. The notice period varies depending on the circumstances.

b. Summons and Complaint: If the tenant fails to comply with the written notice, the landlord can initiate legal action by filing a summons and complaint in court. The tenant is served with these documents, and they have a specific timeframe to respond.

c. Court Hearing: A court hearing is scheduled to allow both the landlord and tenant to present their case. It is essential for tenants to attend the hearing and present any relevant evidence or defenses they may have.

d. Writ of Restitution: If the court grants the eviction, a writ of restitution may be issued, authorizing the removal of the tenant from the property. Law enforcement officers can carry out the eviction process.

  1. Notice Requirements: In Wisconsin, the type of notice and the time given to tenants depend on the reason for eviction. Here are some common notice requirements:

a. Nonpayment of Rent: Tenants have a grace period of five days from the due date before the landlord can initiate eviction proceedings. After this period, the landlord can serve a 14-day notice to pay rent or vacate the premises.

b. Lease Violations: If a tenant violates the terms of the lease agreement, the landlord can issue a 5-day notice to remedy the violation or vacate the property.

c. End of Lease Term: If the landlord does not intend to renew the lease, they must provide the tenant with a written notice within specified timeframes, usually 28 days or one rental period.

  1. Tenant Protections and Defenses: Wisconsin law offers certain protections and defenses to tenants facing eviction. Here are a few examples:

a. Retaliatory Eviction: It is illegal for landlords to retaliate against tenants for exercising their legal rights, such as filing a complaint with a housing agency. If a tenant believes they are facing eviction as retaliation, they should consult an attorney.

b. Failure to Maintain Property: If a landlord fails to provide essential services like water, heat, or proper maintenance, the tenant may be able to withhold rent or repair the issue themselves and deduct the cost from the rent.

c. Discrimination: Landlords cannot evict tenants based on their race, religion, gender, disability, or other protected characteristics under fair housing laws.

  1. Seeking Legal Assistance: Tenants who are unsure about their rights, facing an unfair eviction, or need guidance during the eviction process should consider seeking legal assistance. Local tenant advocacy organizations or legal aid clinics can provide valuable resources and representation.

Conclusion: Knowing your tenant eviction rights is crucial when renting a property in Wisconsin. By understanding the eviction process, notice requirements, and available legal protections, tenants can assert their rights effectively and navigate potential disputes with landlords. If faced with an eviction situation, it is recommended to consult legal professionals who specialize in housing law to ensure you receive the proper guidance and representation needed to protect your rights as a tenant.

Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online. 

About the Author

Nathan DeLadurantey

Nathan DeLadurantey ATTORNEY [email protected] Nathan is a skilled consumer lawyer who handles cases and trials all over Wisconsin. Phone consultations are always free and welcomed. Nathan has helped clients receive large jury verdicts and settlements stemming from consumer law violations, and is ready and able to assist.


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