Landlords in Wisconsin can evict a tenant who is unruly, damages property or fails to pay the rent, but they cannot do so at will. They must follow Wisconsin’s rental laws to evict the tenant legally. In some cases, an eviction notice is enough to achieve an eviction, but in other cases it is necessary to settle the matter in a small claims court.
Issue a five-day notice to a tenant on a week-to-week or month-to-month contract if he has failed to pay rent. This gives the tenant the option to pay the money owed or move out. If he pays the rent within the five days then he has a right to stay.
Give a 14-day notice terminating the week-to-week or month-to-month tenancy if the tenant fails to pay the rent, breaks the rental agreement or causes damage to the property. The tenant must leave within 14-days.
Give a five-day notice to a tenant on a lease if he has failed to pay rent, broken the rental agreement or damaged property. The tenant may stay if he can rectify the problem within the five days. If the tenant repeats the violation within the next 12 months then the landlord can give a 14-day termination notice.
File a case in a Wisconsin Small Claims Court if the tenant refuses to leave after the 14-day notice (see "Resources"). You can file in the county where the property is, where the tenant resides or where the written lease was signed. The tenant may appear to contest your claim, but if he fails to do so then the court will automatically rule in your favor.
Wait for the judge to order an eviction. You must receive this order before you can take steps to evict the tenant. With an eviction order, landlords have the right to confiscate the tenant’s personal belongings and remove the tenant by force. The sheriff will be present to enforce the eviction.
If the judge finds that it was unlawful for the tenant to remain on the rental property, she may order to tenant to pay double the rent owed for each day the tenant stayed on the rental property illegally.