How Long Does Rental Property Eviction Take in Wisconsin?
Evicting a tenant can be a daunting process for any landlord, especially for beginner real estate investors. Understanding the timeline and legal procedures involved is crucial for managing your rental properties effectively. In Wisconsin, the eviction process, officially known as a “Small Claims action for eviction,” can vary in length depending on several factors, but generally, it takes a few weeks to a few months.
Key Stages and Timelines
Here’s a breakdown of the typical stages and the estimated timeframes for an eviction in Wisconsin:
1. Notice to Vacate
- Before you can file an eviction lawsuit, you must provide your tenant with a proper written notice to vacate. The type of notice and the required timeframe depend on the reason for eviction.
- Non-payment of Rent: For month-to-month tenancies, a 5-day notice is common. However, if the lease specifies a different period (e.g., 14 days), that must be followed. For tenants on a lease for a year or less who are being evicted for non-payment, a 5-day notice is standard. If the lease is for more than a year, a 14-day notice is required.
- Lease Violations (other than non-payment): This typically requires a 14-day notice for tenants on a lease for a year or less, allowing them to cure the violation or vacate. For leases longer than a year, the notice period might be longer, or an immediate notice might be permissible depending on the severity of the violation and lease terms.
- Ending a Month-to-Month Tenancy (without cause): A 28-day written notice is typically required.
- Estimated Time: 5 to 28 days, depending on the notice type. This period begins once the tenant receives the notice.
2. Filing the Eviction Lawsuit (Summons and Complaint)
- If the tenant does not comply with the notice, the landlord can then file a Summons and Complaint for Eviction in the Small Claims Court.
- This involves filling out the necessary forms, providing copies of the lease and notice, and paying the filing fees (which can vary but are typically around $90-$100).
- Estimated Time: Filing itself can be done in a day, but getting the forms, assembling documents, and getting to the courthouse might take a few days.
3. Service of Process
- After filing, the Summons and Complaint must be legally “served” (delivered) to the tenant. This is usually done by a sheriff’s deputy or a private process server.
- The tenant must be served a specific number of days before the court date, usually at least 8 working days.
- Estimated Time: 1 to 2 weeks, depending on the availability of the process server and the ease of locating the tenant.
4. Court Hearing
- The court date will be set by the clerk when you file. At the hearing, both parties present their case.
- If the tenant does not show up, the landlord usually wins by default. If the tenant does show up, the judge will hear arguments and evidence.
- If the landlord wins, the judge will issue an Order for Eviction (also known as a Writ of Restitution).
- Estimated Time: The hearing itself might take less than an hour, but scheduling can vary. Typically, it occurs 2-4 weeks after filing the lawsuit, depending on court availability.
5. Writ of Restitution and Physical Removal
- Once the judge issues the Order for Eviction, the tenant typically has a certain number of days (usually 5 to 10 days, but can be less) to move out voluntarily.
- If the tenant still does not leave, the landlord must take the Writ of Restitution to the Sheriff’s Department to schedule the physical removal of the tenant and their belongings. The Sheriff charges a fee for this service.
- The Sheriff will schedule a time to oversee the removal, which can be a few days to a week or more after receiving the Writ, depending on their workload.
- Estimated Time: 1 to 2 weeks after the court hearing.
Total Estimated Time
Combining all these stages, a typical uncontested eviction in Wisconsin can take approximately 30 to 60 days from the initial notice to the final physical removal. However, it’s important to note that this is an optimistic estimate. If the tenant requests continuances, appeals the decision, or there are other legal complexities, the process can easily extend to 2 or 3 months, or even longer.
Factors that Can Affect the Timeline:
- Tenant Engagement: If the tenant fights the eviction, requests continuances, or appeals, the process will be longer.
- Court Caseload: Busy courts may have longer waiting times for hearings.
- Sheriff’s Availability: The time it takes for the Sheriff to serve papers or execute a writ can vary.
- Proper Documentation: Any errors in the notice or filing can lead to delays or even dismissal of the case, requiring you to restart.
Data Source Note: While specific timelines can vary by county and individual circumstances, general procedural outlines are based on Wisconsin Statutes Chapter 799 (Small Claims Procedure) and Chapter 704 (Landlord and Tenant).
7 FAQs with Answers
1. Q: Can I evict a tenant without going to court in Wisconsin?
A: No. In Wisconsin, you cannot forcibly remove a tenant or change locks without a court order. This is illegal self-help eviction and can result in severe penalties for the landlord.
2. Q: What should I do with a tenant’s abandoned property after eviction?
A: Wisconsin law dictates specific procedures for handling abandoned property. Generally, you must give proper notice to the tenant to reclaim their property and store it safely for a certain period before you can dispose of or sell it. Consult legal counsel for precise requirements.
3. Q: Can a tenant stop an eviction by paying past due rent?
A: It depends on the notice. If a 5-day “cure or quit” notice for non-payment is used, the tenant can stop the eviction by paying the full amount of past due rent before the notice period expires. After the eviction lawsuit is filed, whether payment will stop the eviction is at the discretion of the court and may depend on the specific terms of the lease and whether the landlord has accepted partial payment previously.
4. Q: How much does an eviction cost in Wisconsin?
A: Costs typically include filing fees (around $90-$100), service of process fees (varying, often $50-$75), and Sheriff’s fees for the writ (similar to service fees). Legal fees for an attorney can significantly increase the cost, ranging from hundreds to thousands of dollars depending on complexity.
5. Q: What is a “stipulation” in an eviction case?
A: A stipulation is an agreement between the landlord and tenant, often reached in court, that outlines terms for the tenant to vacate or resolve the issue, avoiding a full trial. The court will often approve and enforce such agreements.
6. Q: Can a tenant appeal an eviction decision in Wisconsin?
A: Yes, a tenant has the right to appeal a Small Claims Court decision. An appeal will typically lead to a new hearing in a higher court, which will significantly extend the eviction timeline.
7. Q: Does the military status of a tenant affect eviction in Wisconsin?
A: Yes, the Servicemembers Civil Relief Act (SCRA) provides protections for active-duty military personnel, potentially delaying or even preventing eviction under certain circumstances, especially if income is affected by deployment. Landlords should be aware of and comply with SCRA provisions.
Bottom Line
For beginner real estate investors, understanding the Wisconsin eviction timeline is critical for financial planning and risk management. While an ideal eviction might conclude in a little over a month, be prepared for potential delays. Always prioritize proper legal procedures, clear communication, and, when in doubt, seek legal counsel to navigate the complexities of landlord-tenant law in Wisconsin.