In Wisconsin, how can I remove or evict occupants from property that I own?
Full Question:
Answer:
Even without a written lease, there may still be a verbal rental agreement with occupants of rental property.
In Wisconsin, if there is no written lease and tenants rent on a month-to-month basis: The landlord may terminate the rental agreement by giving the tenants a written termination notice at least 28 days before the next rent due date.
Month-to-month tenants may be given either a 5-day written notice or a 14-day written notice
of termination.
• 5-Day Notice. This notice gives the tenant 5 days to either pay the rent or move out. If the
tenant pays the rent within the 5 days, the tenant can stay and the tenancy continues.
• 14-Day Notice. This notice states that the tenancy has ended because the tenant failed to pay the rent, broke the rental agreement, or damaged the property. Now the tenant has 14 days to leave. (This notice does not give the tenant a chance to pay the rent and stay in the rental unit.)
If a tenant refuses to leave the premises after receiving the proper notice, the landlord may
start an eviction action in Small Claims Court. Tenants have the right to appear in court to contest the eviction. If the tenant fails to appear in court, the landlord will automatically obtain the eviction order. The landlord may not confiscate personal belongings or use force to remove tenants from the rental unit, until the judge orders an eviction. The sheriff enforces the court eviction order. However, if the court decides that the tenants wrongfully stayed in the rental unit, the court can order the tenants to pay the landlord twice the amount of rent owed
(prorated on a daily basis) for each day the tenants stayed in the rental unit unlawfully.
