Eviction Notice and Small Claims Eviction Complaint Package

EVICTION NOTICE AND SMALL CLAIMS EVICTION COMPLAINT PACKAGE — WISCONSIN

TABLE OF CONTENTS

1. Part A — Pre-Suit Notice
2. Part B — Small Claims Eviction Complaint
3. Part C — Summons
4. Part D — Affidavit of Service of Notice
5. Wisconsin Practice Notes
6. Pre-Filing Checklist
7. Sources and References

PART A — PRE-SUIT NOTICE

A-1. Five-Day Notice to Pay Rent or Vacate (with Right to Cure)

TO: [TENANT FULL LEGAL NAME(S)] and all other occupants

PREMISES: [________________________________] (street address, unit, city, [____________] County, Wisconsin, ZIP)

FROM: [LANDLORD FULL LEGAL NAME], [LANDLORD MAILING ADDRESS]

DATE OF NOTICE: [__/__/____]

You are hereby notified, pursuant to Wis. Stat. § 704.17 ☐ (1)(a) [month-to-month] ☐ (2)(a) [fixed-term], that rent is due and unpaid in the amount stated below.

You have the RIGHT TO CURE: if the total amount above is paid within FIVE (5) DAYS after this notice is given to you, your tenancy will continue. The 5-day period begins the day after you receive this notice; weekends and holidays are counted, but if the last day falls on a weekend or holiday, you have until the next business day.

IF YOU DO NOT PAY OR VACATE WITHIN 5 DAYS: The tenancy will be terminated and the landlord will file a small claims eviction action in [____________] County Circuit Court.

Payment instructions: [________________________________]

Landlord signature: [________________________________]
Print name and title: [________________________________]
Date: [__/__/____]

A-2. Five-Day Notice to Cure Lease Violation or Vacate

TO: [TENANT NAME(S)]

PREMISES: [________________________________]

You are in breach of your tenancy in the following respect(s):

[________________________________]

Pursuant to Wis. Stat. § 704.17 ☐ (1)(b) [month-to-month] ☐ (2)(b) [fixed-term], you have FIVE (5) DAYS after receipt of this notice to:

☐ Cure the breach in the following manner: [____________]; or
☐ Vacate the Premises.

If you do not cure or vacate within 5 days, the landlord will file a small claims eviction action.

Landlord signature: [________________________________] Date: [__/__/____]

A-3. Fourteen-Day Notice to Vacate (No Cure)

TO: [TENANT NAME(S)]

PREMISES: [________________________________]

Pursuant to Wis. Stat. § 704.17, you are notified that your tenancy is terminated and you must vacate the Premises no later than FOURTEEN (14) DAYS after receipt of this notice, based on:

☐ Repeat breach: you previously received a 5-day notice (dated [__/__/____]) and the same or another breach has occurred within twelve (12) months;
☐ Landlord election under § 704.17(2)(b) (fixed-term, lease violation without right to cure);
☐ Substantial damage to Premises;
☐ Other (specify): [____________]

No right to cure is provided.

Landlord signature: [________________________________] Date: [__/__/____]

A-4. Five-Day Notice to Vacate — Drug-Related or Gang Activity

TO: [TENANT NAME(S)]

PREMISES: [________________________________]

Pursuant to Wis. Stat. § 704.17(1)(c) / (2)(c), and based on notification from law enforcement that the Premises were used in connection with drug-related criminal activity or criminal gang activity, your tenancy is terminated and you must VACATE within FIVE (5) DAYS after receipt of this notice.

Law enforcement agency providing notice: [____________]
Date of law enforcement notice: [__/__/____]
Description of activity: [____________]

No right to cure is provided.

Landlord signature: [________________________________] Date: [__/__/____]

A-5. Twenty-Eight-Day No-Cause Termination of Month-to-Month Tenancy

TO: [TENANT NAME(S)]

PREMISES: [________________________________]

Pursuant to Wis. Stat. § 704.19, your month-to-month tenancy is terminated effective [__/__/____], which is at least twenty-eight (28) days after this notice is given to you and ends at the end of a rent-paying period.

You must vacate and return possession of the Premises on or before that date.

Landlord signature: [________________________________] Date: [__/__/____]

Service of Notice (All Forms) — Wis. Stat. § 704.21

☐ Personal delivery to tenant
☐ Delivery to an adult family member of tenant residing on the Premises (with copy mailed)
☐ Delivery to an apparent agent of tenant managing the Premises
☐ Posting in a conspicuous place AND mailing first-class to tenant at last known address (when reasonable diligence in personal service has failed)
☐ Certified or registered mail, return receipt requested

Date of service: [__/__/____] Time: [____]
Server name and signature: [________________________________]

PART B — SMALL CLAIMS EVICTION COMPLAINT

Caption

STATE OF WISCONSIN, CIRCUIT COURT, [____________] COUNTY

Case No. [________________________________]

Case Code: 31001 (Eviction)

SMALL CLAIMS SUMMONS AND COMPLAINT — EVICTION
(Wis. Stat. Chapter 799; § 799.40)

1. Parties

1.1 Plaintiff [LANDLORD NAME] is the ☐ owner ☐ authorized agent ☐ property manager of the Premises and may be served at [____________].

1.2 Defendant [TENANT NAME] is the tenant in possession pursuant to a ☐ written ☐ oral rental agreement and may be served at the Premises.

1.3 Additional occupants known to Plaintiff: [____________].

2. The Premises and Lease

2.1 The Premises are located at: [________________________________].

2.2 Monthly rent: $[________], due on the [____] day of each month.

2.3 Security deposit: $[________].

2.4 Lease term: ☐ Month-to-month ☐ Fixed term from [__/__/____] to [__/__/____].

2.5 The rental agreement is ☐ attached as Exhibit A ☐ oral.

3. Jurisdiction and Venue

3.1 This Court has jurisdiction pursuant to Wis. Stat. § 799.40.

3.2 Venue is proper in [____________] County, where the Premises are located. Wis. Stat. § 799.11.

4. Grounds for Eviction

(Check all that apply.)

☐ 4.1 Nonpayment of rent. Tenant is in default of rent in the amount of $[________] for the period [__/__/____] through [__/__/____]. (Wis. Stat. § 704.17(1)(a) or (2)(a).)

☐ 4.2 Breach of tenancy other than rent. Tenant breached the rental agreement as follows: [____________]. (§ 704.17(1)(b) or (2)(b).)

☐ 4.3 Holdover after termination of month-to-month tenancy. (§ 704.19.)

☐ 4.4 Repeat breach within 12 months. Tenant was previously served a 5-day notice on [__/__/____] and a subsequent breach occurred within 12 months.

☐ 4.5 Drug- or gang-related activity. (§ 704.17(1)(c) / (2)(c).)

☐ 4.6 Substantial damage to Premises. [Describe: ____________]

5. Pre-Suit Notice

5.1 On [__/__/____], Plaintiff served Defendant with the notice attached as Exhibit B, identified as: ☐ 5-day pay or quit ☐ 5-day cure or quit ☐ 14-day no-cure ☐ 5-day drug/gang ☐ 28-day no-cause.

5.2 Method of service: [____________] (Wis. Stat. § 704.21).

5.3 The notice period has expired and Defendant has failed to cure and/or vacate.

6. Amount Claimed (Optional in Eviction; Limit $10,000 for damages joined under § 799.01)

7. Prayer for Relief

WHEREFORE, Plaintiff requests that the Court:

(a) Enter judgment of eviction restoring possession of the Premises to Plaintiff;
(b) Issue a writ of restitution under Wis. Stat. § 799.45;
(c) Award the damages set forth in paragraph 6 (if joined);
(d) Award costs and disbursements; and
(e) Grant such other relief as is just.

8. Verification

I declare under penalty of perjury under the laws of the State of Wisconsin that the foregoing is true and correct to the best of my knowledge.

Signature: [________________________________]
Print name and title: [________________________________]
Date: [__/__/____]

PART C — SUMMONS

STATE OF WISCONSIN, CIRCUIT COURT, [____________] COUNTY

Case No. [________________________________]

SMALL CLAIMS SUMMONS (Eviction)

TO: [DEFENDANT NAME], [DEFENDANT ADDRESS]

YOU ARE NOTIFIED that an eviction action has been filed against you. A RETURN DATE has been scheduled as follows:

Date: [__/__/____] Time: [____] Courtroom / Branch: [____]
Courthouse address: [________________________________]

You MUST appear (in person, by telephone, or as otherwise directed by the court) on the return date or a default judgment of eviction may be entered against you.

The return date is set not less than 5 nor more than 25 days from the issuance of this summons (Wis. Stat. § 799.05(3)).

Clerk of Circuit Court: [________________________________] Date issued: [__/__/____]

Service of Summons — Wis. Stat. § 799.12

Service must be by:

☐ Authenticated copy mailed by the clerk to the Defendant under § 799.12(2); OR
☐ Personal service by sheriff or authorized process server at least 8 days before return date

Server: [________________________________] Date served: [__/__/____]

PART D — AFFIDAVIT OF SERVICE OF NOTICE

STATE OF WISCONSIN
COUNTY OF [____________]

I, [AFFIANT NAME], being first duly sworn, depose and state:

1. I am over eighteen (18) years of age and not a party to this action.

2. On [__/__/____] at approximately [____], I served a true and correct copy of the Notice (☐ 5-day pay-or-quit ☐ 5-day cure-or-quit ☐ 14-day ☐ 5-day drug/gang ☐ 28-day) attached as Exhibit 1 upon [TENANT NAME] by:

☐ Personal delivery to tenant
☐ Delivery to [____________], an adult family member residing on the Premises, and mailing first-class copy to tenant at the Premises
☐ Delivery to [____________], an apparent agent managing the Premises
☐ Conspicuous posting at the Premises AND first-class mailing to tenant
☐ Certified mail, return receipt requested, tracking [____________]

3. The Premises are located at: [________________________________].

4. Service was made in compliance with Wis. Stat. § 704.21.

Affiant signature: [________________________________]
Print name: [________________________________]
Date: [__/__/____]

Sworn to and subscribed before me this [____] day of [____________], 20[____].

Notary Public: [________________________________]
State of Wisconsin, County of [____________]
Commission expires: [__/__/____]

WISCONSIN PRACTICE NOTES

• 5/14/28-day framework. Wisconsin notice periods depend on lease type (periodic vs. fixed-term), ground (rent, breach, drug/gang, no-cause), and whether the tenant has received a prior 5-day notice within 12 months.
• Right to cure. 5-day notices for nonpayment or non-rent breaches must offer a right to cure. 14-day notices do not. Verify whether the lease and statute permit the chosen notice form.
• Service of notice — § 704.21. Strict statutory compliance is required. Posting plus mailing requires reasonable diligence in attempting personal service first.
• ATCP 134 compliance. Wisconsin DATCP residential rental practices rules apply; violations can void provisions and trigger double damages plus attorney's fees under § 100.20.
• 2017 Wis. Act 317. Codified expedited eviction procedures, restricted certain tenant defenses, and modified service rules effective 4/18/2018.
• Filing — Chapter 799. Eviction is filed as a small-claims action (case code 31001) in circuit court regardless of monetary value. Filing fee approximately $94.50 (verify current).
• Return date. Must be 5–25 days after summons issuance. § 799.05(3).
• Writ of restitution. Issued after judgment under § 799.45; sheriff executes typically 10–30 days after issuance.
• Stay for hardship. Court may grant up to 30-day stay for tenant hardship.
• CCAP record removal. Eviction filings appear on Wisconsin Court System CCAP. Dismissed cases may be removed under § 758.20(2)(a)-(b) after specified periods (2 years if dismissed; 10 years if judgment entered).
• Void lease provisions. § 704.44 voids leases that, e.g., waive the notice of domestic abuse protections, allow self-help repossession, or impose nonstatutory remedies. Koble Investments v. Marquardt, 2024 WI App 26.
• Self-help prohibited. Landlord cannot change locks, remove belongings, or terminate utilities. Only sheriff executes restoration of possession.
• Domestic abuse protections. § 704.14 requires specific notice in lease; failure renders lease void under § 704.44(10).
• Subsidized housing. Federal/HUD/Section 8 leases require additional pre-suit notice and grievance procedures.

PRE-FILING CHECKLIST

☐ Confirmed lease type (periodic vs. fixed-term)
☐ Selected correct notice (5-day cure / 14-day no-cure / 5-day drug-gang / 28-day no-cause)
☐ Confirmed any prior 5-day notice within 12 months (for repeat-breach 14-day)
☐ Served notice via § 704.21-compliant method; documented service
☐ Computed rent and late fees consistent with ATCP 134.09(8)
☐ Confirmed lease contains required § 704.14 domestic abuse notice (otherwise § 704.44(10) voids)
☐ Attached lease and notice as exhibits
☐ Confirmed venue (county where Premises located)
☐ Filed under Case Code 31001 in circuit court
☐ Calculated $94.50 filing fee and service costs (verify current)
☐ Confirmed no SCRA stay, bankruptcy stay, or federal moratorium
☐ For subsidized housing, complied with HUD pre-suit notice
☐ Reviewed for ATCP 134 compliance to avoid counterclaim exposure

SOURCES AND REFERENCES

• Wis. Stat. §§ 704.17, 704.19, 704.21, 704.44 (residential tenancies and notice).
• Wis. Stat. Chapter 799 (Small Claims; § 799.40 eviction; § 799.45 writ of restitution).
• Wis. Admin. Code ATCP 134 (Residential Rental Practices).
• 2017 Wis. Act 317 (effective 4/18/2018).
• Wis. Stat. § 758.20 (CCAP record removal).
• Wisconsin Court System forms — SC-500 (Summons and Complaint), SC-150 (Writ of Restitution). Verify current versions.
• Tenant Resource Center, "About Eviction" (Wisconsin pro se resource).
• Koble Investments v. Marquardt, 2024 WI App 26, 412 Wis. 2d 1.
• Wisconsin Legislative Council, Information Memorandum 2024-12 (Eviction of a Residential Tenant).