Wisconsin Notice to Cure or Quit (Breach of Covenant — 5-Day / 14-Day / 30-Day / 5-Day Imminent Threat)

WISCONSIN NOTICE TO CURE OR QUIT (BREACH OF COVENANT)

TABLE OF CONTENTS

1. Caption / Notice Header
2. Identification of Premises and Tenancy
3. Description of Breach
4. Notice Variant — Statutory Demand
5. Manner of Cure
6. Statement of Consequences
7. Reservation of Rights and Non-Waiver
8. Tenant Rights Notices (Required Disclosures)
9. Service
10. Signature
11. Affidavit / Proof of Service
12. Wisconsin Practice Notes
13. Sources and References

1. CAPTION / NOTICE HEADER

STATE OF WISCONSIN — COUNTY OF [COUNTY]

NOTICE TO CURE BREACH OR VACATE PREMISES

Pursuant to Wis. Stat. § 704.17

Date of Notice: [__/__/____]

2. IDENTIFICATION OF PREMISES AND TENANCY

2.1. Premises. The rental dwelling unit located at:

[STREET ADDRESS, UNIT/APT NUMBER, CITY, WISCONSIN, ZIP] (the "Premises").

2.2. Rental Agreement. Tenant occupies the Premises pursuant to a [☐ written / ☐ oral] rental agreement dated [__/__/____] (the "Lease").

2.3. Tenancy Type:

• ☐ Week-to-week periodic tenancy
• ☐ Month-to-month periodic tenancy
• ☐ Fixed-term tenancy of one year or less, ending [__/__/____]
• ☐ Fixed-term tenancy of more than one year, ending [__/__/____]

3. DESCRIPTION OF BREACH

3.1. Lease Provision Violated. Tenant is in material breach of the following provisions of the Lease and/or Wisconsin law:

Lease ¶ [____] — [PROVISION TITLE]

"[QUOTE THE LEASE LANGUAGE VERBATIM]"

3.2. Specific Conduct. The breach consists of the following specific facts:

[Describe with particularity: dates, times, places, witnesses, and the conduct constituting the breach. Avoid generalities. Examples: unauthorized occupants in residence since [date]; documented dog on premises in violation of no-pet covenant since [date]; substantial damage to flooring photographed [date]; nuisance complaints from neighbors at [unit] on [date(s)]; unauthorized smoking detected on [date(s)] by [witness].]

3.3. Evidence. Attached as Exhibits to this Notice:

• Exhibit A: [INCIDENT REPORTS / PHOTOGRAPHS / WITNESS STATEMENTS / POLICE REPORT NUMBER]
• Exhibit B: [PRIOR WARNING LETTER, IF ANY, DATED __/__/____]
• Exhibit C: [PRIOR 5-DAY CURE NOTICE, IF SECOND-OFFENSE 14-DAY VARIANT IS USED]

4. NOTICE VARIANT — STATUTORY DEMAND

Variant A — 5-Day Cure or Quit (Tenancies ≤ 1 Year; First Breach)

Wis. Stat. § 704.17(1)(b). YOU ARE HEREBY NOTIFIED that, unless within FIVE (5) DAYS after service of this Notice you cure the breach described in Section 3 above by [STATE THE SPECIFIC CURATIVE ACTION REQUIRED — e.g., remove unauthorized occupants, remove unauthorized animal, repair damaged flooring, cease the nuisance behavior], your tenancy is terminated and you must vacate and surrender possession of the Premises on or before the expiration of the 5-day period.

If you fully cure the breach within the 5-day period, your tenancy will continue and this Notice will be of no further force or effect, pursuant to Wis. Stat. § 704.17(3).

Variant B — 14-Day Unconditional Quit (Second Offense Within 12 Months; Tenancies ≤ 1 Year)

Wis. Stat. § 704.17(1)(b). YOU ARE HEREBY NOTIFIED that, because you have previously been given a 5-day cure notice for breach of covenant within the past TWELVE (12) months — specifically, a 5-day cure notice served on [__/__/____] for [PRIOR BREACH DESCRIPTION] — Landlord elects to terminate your tenancy WITHOUT opportunity to cure. You must vacate and surrender possession of the Premises on or before FOURTEEN (14) DAYS after service of this Notice.

CURE WILL NOT REINSTATE YOUR TENANCY.

Variant C — 30-Day Cure or Quit (Fixed-Term Tenancies > 1 Year)

Wis. Stat. § 704.17(2)(b). YOU ARE HEREBY NOTIFIED that, unless within THIRTY (30) DAYS after service of this Notice you cure the breach described in Section 3 above, your tenancy is terminated and you must vacate and surrender possession of the Premises on or before the expiration of the 30-day period.

Variant D — 5-Day Imminent Threat / No-Cure (Wis. Stat. § 704.17(3m))

Wis. Stat. § 704.17(3m). YOU ARE HEREBY NOTIFIED that Landlord terminates your tenancy WITHOUT opportunity to cure on grounds that your conduct, or the conduct of a member of your household or guest with your consent, constitutes:

• ☐ Engaging in criminal activity that threatens the health or safety of other tenants, persons residing in the immediate vicinity of the Premises, or Landlord or Landlord's agents or employees;
• ☐ Engaging in drug-related criminal activity on or near the Premises;
• ☐ Engaging in conduct that creates an immediate and serious threat to the safety of another tenant or to Landlord or Landlord's agent.

The specific conduct giving rise to this Notice is: [FACTUALLY DETAILED DESCRIPTION OF CONDUCT, DATE, AND BASIS FOR IMMINENT THREAT — including police report number, witness names, and Landlord's good-faith belief].

You must vacate and surrender possession of the Premises on or before the expiration of FIVE (5) days after service of this Notice. CURE IS NOT AVAILABLE under Wis. Stat. § 704.17(3m).

5. MANNER OF CURE

5.1. Curative Action Required. To avoid termination under Variant A or C, Tenant must take the following action(s) in full within the cure period:

a. [SPECIFIC ACTION 1]

b. [SPECIFIC ACTION 2]

c. [SPECIFIC ACTION 3]

5.2. Verification of Cure. Tenant must provide written notice to Landlord at the address in Section 10 below confirming the curative action. Landlord may inspect the Premises upon 12 hours' advance notice, Wis. Stat. § 704.05(2).

5.3. No Cure Available for Variant B or D. Under the 14-day second-offense or 5-day imminent-threat options, Tenant has NO right to cure. Vacating the Premises is the only option to avoid an eviction lawsuit.

6. STATEMENT OF CONSEQUENCES

6.1. Eviction Action. If Tenant fails to cure (Variants A, C) or fails to vacate (all variants), Landlord intends to commence an eviction action under Wis. Stat. § 799.40 in the Circuit Court for [COUNTY] County, Wisconsin. The first appearance is typically scheduled within 25 days of filing. Wis. Stat. § 799.05; § 799.41.

6.2. Damages and Costs. Landlord may seek a money judgment for damages, holdover rent at up to twice the daily rental value (Wis. Stat. § 704.27), costs, and reasonable attorney fees if authorized by the Lease and § 799.25.

6.3. Court Records. Eviction filings appear on the Wisconsin Circuit Court Access (WCCA) and may impair Tenant's future rental applications.

7. RESERVATION OF RIGHTS AND NON-WAIVER

7.1. Acceptance of any rent during or after the cure period is conditional and shall not waive this Notice or Landlord's right to proceed with eviction unless Landlord agrees in writing.

7.2. This Notice does not waive any other defaults, whether known or unknown.

7.3. Nothing in this Notice waives Landlord's claims for damages, restitution, or other amounts owed under the Lease or Wisconsin law.

8. TENANT RIGHTS NOTICES (REQUIRED DISCLOSURES)

8.1. Right to Cure. Variant A (5-day) and Variant C (30-day) provide a cure period. Full cure within the period voids this Notice. Wis. Stat. § 704.17(3).

8.2. Right to Habitability Defense. If the breach Landlord alleges results from Landlord's failure to maintain the Premises in habitable condition under Wis. Stat. § 704.07, you may raise habitability and rent abatement as a defense. The implied warranty of habitability is codified in § 704.07.

8.3. Right to Be Free from Retaliation. Wis. Stat. § 704.45 prohibits retaliation against a tenant for good-faith complaints to public agencies, complaints to Landlord under § 704.07, or exercise of any tenant right.

8.4. Assistance Animal Protection. Wis. Stat. § 106.50(2r) and the federal Fair Housing Act prohibit denial of reasonable accommodation for service animals and emotional support animals (ESAs). 2017 Wis. Act 317 confirmed that documentation from a "licensed health care professional" supporting an ESA must be considered. Eviction for the presence of a documented assistance animal is unlawful and may give rise to discrimination liability.

8.5. Right to Be Free from Self-Help. Landlord may NOT lock you out, remove your belongings, shut off utilities, or otherwise constructively evict you outside of the small claims eviction process. Wis. Stat. § 704.95; ATCP 134.09(7); Wis. Stat. § 704.44(9). Civil remedies include double damages plus costs and reasonable attorney fees under Wis. Stat. § 100.20(5).

8.6. Right to Free or Reduced-Cost Legal Help. Tenants who cannot afford an attorney may contact:

• Tenant Resource Center (Madison): (608) 257-0006
• Legal Action of Wisconsin: (855) 947-2529
• Wisconsin Judicare (northern WI): (715) 842-1681
• Milwaukee Justice Center: (414) 278-2912
• Wisconsin State Bar Lawyer Referral and Information Service: (800) 362-9082

8.7. VAWA / SCRA. If you live in federally subsidized housing, federal Violence Against Women Act protections may bar eviction based on incidents of domestic violence, dating violence, sexual assault, or stalking. 34 U.S.C. § 12491. If you or your spouse is on active military duty, the Servicemembers Civil Relief Act, 50 U.S.C. § 3951, provides additional protections.

8.8. Discrimination. The Wisconsin Open Housing Act, Wis. Stat. § 106.50, prohibits eviction or termination based on race, color, sex, sexual orientation, gender identity, disability, religion, national origin, ancestry, marital status, family status, age (18+), lawful source of income, or status as a victim of domestic abuse, sexual assault, or stalking.

9. SERVICE

This Notice is served upon Tenant in the manner indicated below pursuant to Wis. Stat. § 704.21:

• ☐ Personal delivery to Tenant on [__/__/____].
• ☐ Personal delivery to a competent member of Tenant's household 14 years of age or older at the Premises on [__/__/____].
• ☐ First-class mail to [ADDRESS] on [__/__/____] (3 days added to the cure period).
• ☐ Certified mail, return receipt requested to [ADDRESS] on [__/__/____] (USPS Tracking #[___________________]) — Wis. Stat. § 704.21(1)(d).
• ☐ Posting in a conspicuous place at the Premises AND mailing to Tenant on [__/__/____], after personal service was attempted with reasonable diligence.

10. SIGNATURE

Date: [__/__/____]

[________________________________]

[LANDLORD / AGENT NAME]

Title (if agent): [________________________________]

Address: [STREET ADDRESS, CITY, WI ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

11. AFFIDAVIT / PROOF OF SERVICE

STATE OF WISCONSIN

COUNTY OF [COUNTY]

I, [SERVER NAME], being first duly sworn upon oath, depose and state:

11.1. I am over 18 and not a party to this matter.

11.2. On [__/__/____] at [__:__] [a.m. / p.m.], I served the foregoing NOTICE TO CURE BREACH OR VACATE PREMISES upon [TENANT NAME] at [ADDRESS] by the method indicated in Section 9 above.

11.3. The facts stated are true to my own knowledge.

[________________________________]

[SERVER NAME]

Subscribed and sworn to before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public, State of Wisconsin

(My Commission Expires: [_______________])

12. WISCONSIN PRACTICE NOTES

• Categorical structure of § 704.17. Wisconsin's notice scheme has four boxes for non-rent breaches: (i) tenancies ≤ 1 year — 5-day cure under § 704.17(1)(b); (ii) tenancies ≤ 1 year, second breach within 12 months — 14-day unconditional under § 704.17(1)(b); (iii) tenancies > 1 year — 30-day cure under § 704.17(2)(b); (iv) imminent threat / drug or criminal activity — 5-day no-cure under § 704.17(3m).
• Specificity in pleading the breach. Wisconsin courts have invalidated cure notices that fail to identify the specific lease provision and conduct constituting the breach. Quote the lease covenant verbatim and recite facts. See Wis. Stat. § 704.17(5).
• § 704.17(3m) is fact-intensive. The "imminent threat" route requires landlord proof of either criminal activity threatening health or safety, drug-related criminal activity, or conduct creating an immediate and serious threat. A police report or sworn witness statement is the gold standard. Vague or escalated allegations have been rejected on appeal.
• Acceptance-of-rent waiver. Acceptance of full rent during the cure period revokes the notice. § 704.17(3). 2017 Wis. Act 317 limited waiver doctrine for partial payments accepted with a written reservation of rights.
• Habitability defense. A tenant may defend a cure notice by showing that the alleged "breach" results from Landlord's failure to comply with § 704.07 (e.g., damage caused by an unrepaired leak; nuisance allegedly created by inoperable HVAC; etc.). Document inspections before serving.
• Assistance-animal carve-out. No-pet covenants are generally unenforceable against documented service animals or ESAs under § 106.50(2r) and 42 U.S.C. § 3604(f). 2017 Wis. Act 317 codified the documentation framework. Verify the tenant's documentation BEFORE serving a no-pet cure notice.
• Self-help bar. Wisconsin's prohibition on self-help is uniquely strong. § 704.95; ATCP 134.09(7); § 704.44(9). Do not change locks, remove possessions, shut off utilities, or threaten any of the foregoing. Tenants recover double damages, costs, and reasonable attorney fees.
• Lead-paint disclosure. For pre-1978 housing, federal lead-based paint disclosure under 42 U.S.C. § 4852d and Wisconsin lead-poisoning prevention rules (Wis. Stat. § 254.176; Wis. Admin. Code DHS 163) apply. A tenant who was not given the required EPA pamphlet or disclosure may have an offset defense.
• Local ordinance preemption (2017 Act 317). Madison and Milwaukee tenant-protection ordinances were significantly preempted in 2018. Some Milwaukee Tenant Bill of Rights provisions remain enforceable; others were struck. Confirm before relying.
• Computation of time. 5-day, 14-day, and 30-day periods commence the day AFTER service; mail adds 3 days under § 990.001(4)(g).

13. SOURCES AND REFERENCES

• Wis. Stat. ch. 704 (Landlord and Tenant) — https://docs.legis.wisconsin.gov/statutes/statutes/704
• Wis. Stat. § 704.17 — https://docs.legis.wisconsin.gov/statutes/statutes/704/17
• Wis. Stat. § 704.07 (Repairs; untenantability) — https://docs.legis.wisconsin.gov/statutes/statutes/704/07
• Wis. Stat. § 704.21 (Manner of giving notice)
• Wis. Stat. § 704.45 (Retaliation prohibited)
• Wis. Stat. § 704.95 (DATCP rental practices)
• Wis. Stat. § 106.50 (Wisconsin Open Housing Act)
• Wis. Admin. Code ATCP 134 — https://docs.legis.wisconsin.gov/code/admin_code/atcp/090/134
• 2017 Wisconsin Act 317 — https://docs.legis.wisconsin.gov/2017/related/lcactmemo/act317
• Wisconsin State Law Library — Landlord/Tenant — https://wilawlibrary.gov/topics/landlord.php
• Tenant Resource Center — https://www.tenantresourcecenter.org
• Milwaukee Justice Center — https://www.milwaukeejusticecenter.org
• 42 U.S.C. § 3604 (federal Fair Housing Act)
• 42 U.S.C. § 4852d (federal lead-based paint disclosure)
• Wis. Stat. § 254.176 (Wisconsin lead poisoning prevention)
• 50 U.S.C. § 3951 (SCRA)
• 34 U.S.C. § 12491 (VAWA)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Wisconsin must review and customize this document before service or filing. Wisconsin landlord-tenant law has been heavily amended (2011 Acts 108 and 143; 2013 Act 76; 2015 Act 176; 2017 Act 317; subsequent budget bills). Verify current statutory text and local ordinances before use.