The following is a basic outline of the steps required for
a Wisconsin eviction. These instructions are optimized for
Milwaukee County, however most are valid statewide.
Disclaimer: Due to the rapidly
changing nature of the law and our reliance on information
provided by outside sources, we make no warranty or
guarantee concerning the accuracy or completeness of the
content. This is not to be construed as legal advice. Every
case can be unique; therefore it is highly recommended that
you consult an attorney.
Overview
Most disruptive tenants only get worse the longer they are
allowed to remain in your property. A tenant who is falling
further behind in their rent is less likely to be able to
pay off their balance. The key is to resolve the problem
quickly or get them out as soon as possible.
All eviction actions begin with a properly served notice to
vacate. In Wisconsin these are typically 5, 14 and 28-day
notices. If you use a rental agreement or lease with a
longer notice period the 28-day notice is replaced by a
notice with the length of time contained in the lease or
agreement, often 45 or 60 days. The type of notice you will
use depends on the reason that you wish the tenant to
vacate and the type of rental agreement that you have with
the tenant.
After service of the notice it is important to attempt to
discuss the problem and possible resolution with the
tenant. Physical eviction is expensive for the owner and
unpleasant for the tenant. If it can be avoided so much the
better for all, but be careful not to be taken advantage of
by fast talking tenants that have no intention of paying
the rent or correcting the problem.
Once the notice has expired and you have been unable reach
an agreement with the tenant that you believe will be kept
by them, it is time to begin the eviction. This is done by
completing the required paperwork, filing these papers with
the court and properly serving the tenant. The court fee is
$99 and typical fees for serving the paperwork is $15 to
$35.
At the first court hearing you should receive an Order for
Writ of Restitution. The next step is to purchase a Writ of
Restitution from the Clerk of Courts for $5. Complete the
Writ of Restitution form. Then select an approved mover who
may require a deposit of $300 to $400. The mover provides
you with a letter of intent. You then give the Milwaukee
County Sheriff the Order for Writ, the Writ, and the letter
from the mover along with a check for $130. The Sheriff
will move the tenant within 10 days.
You can either take judgment for the money amount at the
first hearing or come back for a "second cause" money
judgment hearing. Since the tenant has not vacated, it will
be difficult to assess the total damages you have suffered.
For this reason you may wish to return to court for a
second hearing at a later date. This choice is based on 1)
you and the tenant agreeing to the amount owed and 2) if
you believe you will be able to collect from this tenant.
Don't fall for the urban myths. Evictions can occur year
round. Christmas and other holidays only slow an eviction
by a day or two.
Like so many other things in life, doing it yourself is
sometimes far more expensive in time and aggravation than
hiring the work out. Check prices and services offered by
your attorney or if you are in Milwaukee County, take a
look at the $279 Easy Evict eviction