How to Handle Evictions Under Wisconsin Real Estate Law

Evictions can be a challenging and stressful process for both landlords and tenants. In Wisconsin, understanding the legal framework surrounding evictions is crucial for both parties involved. This article provides an overview of how to handle evictions under Wisconsin real estate law, ensuring that landlords follow the necessary legal procedures and that tenants are aware of their rights.

Understanding the Grounds for Eviction

Wisconsin law allows landlords to evict tenants for specific reasons, commonly referred to as "grounds for eviction." These include:

Non-Payment of Rent: If a tenant fails to pay rent, a landlord may start the eviction process after providing a 5-day notice to pay rent or vacate.
Lease Violations: If a tenant violates a lease agreement, such as having unauthorized pets or guests, the landlord must provide a notice detailing the violations and allow the tenant a chance to rectify the situation.
End of Lease: A landlord may also evict a tenant at the end of a lease term, provided they give proper notice, typically 28 days before lease expiration.

Notice Requirements

Proper notice is crucial in the eviction process. Depending on the grounds for eviction, landlords are required to provide tenants with a written notice:

5-Day Notice: For non-payment of rent.
14-Day Notice: For lease violations that are curable (e.g., failure to maintain the rental unit).
30-Day Notice: For month-to-month leases ending without cause.

Notices must be delivered in writing and can be hand-delivered, mailed, or posted on the premises, ensuring the tenant receives it.

Filing an Eviction Action

If a tenant does not comply with the notice, landlords can file an eviction lawsuit, known as an "unlawful detainer action," in the appropriate circuit court. The following steps are typically involved:

Prepare the Summons and Complaint: The landlord must prepare legal documents outlining the eviction reasons and intended actions.
File with the Court: Submit the paperwork along with the required filing fees to the local courthouse.
Serve the Tenant: Once filed, the tenant must be formally served with the summons and complaint, typically by a sheriff or a professional process server.

The Court Hearing

Following service, a court date will be scheduled. During the hearing, landlords must present evidence supporting their case for eviction, which may include:

Payment records and leases.
Photos or other documentation of lease violations.

Tenants will also have the opportunity to present their defense. The court will then decide whether to grant the eviction and issue a judgment.

Post-Judgment Actions

If the court rules in favor of the landlord, a judgment for possession will be issued. If the tenant does not vacate the property after this ruling, the landlord can request a writ of restitution, allowing law enforcement to physically remove the tenant from the premises.

Tenant Rights

Tenants in Wisconsin have specific rights during the eviction process, including:

The right to receive proper and timely notice.
The right to dispute the eviction in court.
The right to a judgment before being removed from the property.

It is essential for tenants to respond to notices promptly and to seek legal assistance if they believe the eviction is unjust.

Conclusion

Handling evictions in Wisconsin requires navigating a complex legal framework. By understanding the grounds for eviction, following proper notification procedures, and knowing the rights of both landlords and tenants, all parties can manage the process more effectively. Whether you are a landlord seeking to reclaim your property or a tenant fighting an eviction, awareness of Wisconsin real estate law is key to achieving a fair outcome.