Wisconsin Notice to Pay Rent or Quit (5-Day / 14-Day)

WISCONSIN NOTICE TO PAY RENT OR QUIT

TABLE OF CONTENTS

1. Caption / Notice Header
2. Identification of Premises and Tenancy
3. Default — Nonpayment of Rent
4. Notice Variant — Statutory Demand
5. Manner of Cure and Tender
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 PAY RENT 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 (check one):

• ☐ 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 [__/__/____]
• ☐ Tenancy at will

2.4. Monthly Rent. Rent in the amount of $[________] is due on the [____] day of each month, payable to [LANDLORD / AGENT NAME] at [PAYMENT ADDRESS / METHOD].

3. DEFAULT — NONPAYMENT OF RENT

3.1. Default. Tenant has failed to pay rent due under the Lease. As of the date of this Notice, the following amounts are past due:

3.2. Late Fees. Late fees of $[______] are also owed under Lease ¶ [____], to the extent permitted by Wisconsin law and ATCP 134.09(8) (limit on prohibited fees).

3.3. No Set-Off Asserted. Landlord is not aware of any pending good-faith claim by Tenant for repair, abatement, or set-off under Wis. Stat. § 704.07.

4. NOTICE VARIANT — STATUTORY DEMAND

Variant A — 5-Day Pay-or-Quit (Tenancies of One Year or Less; First Default)

Wis. Stat. § 704.17(1)(a) and (1m). YOU ARE HEREBY NOTIFIED that, unless within FIVE (5) DAYS after service of this Notice you pay to Landlord the entire past-due rent stated in Section 3.1 above, your tenancy is terminated and you must vacate and surrender possession of the Premises on or before the expiration of the 5-day period.

The 5-day period commences the day AFTER this Notice is served upon you and INCLUDES weekends and legal holidays. If service is by mail, three (3) additional days are added under Wis. Stat. § 990.001(4)(g).

If you pay the entire past-due rent 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 Default Within 12 Months; Tenancies of One Year or Less)

Wis. Stat. § 704.17(1)(a) (alternative remedy). YOU ARE HEREBY NOTIFIED that, because you have previously been served with a 5-day notice for nonpayment of rent within the past TWELVE (12) months — specifically, a 5-day notice served on [__/__/____] — 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.

PAYMENT OF RENT WILL NOT REINSTATE YOUR TENANCY. Wis. Stat. § 704.17(1)(a).

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

Wis. Stat. § 704.17(2)(a). YOU ARE HEREBY NOTIFIED that, unless within THIRTY (30) DAYS after service of this Notice you pay the entire past-due rent stated in Section 3.1 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.

If you pay the past-due rent within the 30-day period, this Notice is void per Wis. Stat. § 704.17(3).

Variant D — Mobile Home Park (Wis. Stat. § 710.15)

This template does not address mobile home park tenancies. Use a separate § 710.15 notice form.

5. MANNER OF CURE AND TENDER

5.1. Where to Pay. All cure payments must be tendered to Landlord at:

[NAME OF PAYEE]

[STREET ADDRESS]

[CITY, WI ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

5.2. Acceptable Forms of Payment. Cash, certified check, money order, or electronic funds transfer to [ACCOUNT/SERVICE]. Personal checks are accepted at Landlord's discretion.

5.3. Partial Payment. Landlord reserves the right to refuse any partial tender. Acceptance of partial rent during the cure period may, depending on Landlord's election under Wis. Stat. § 704.17(3), constitute a waiver of the underlying default.

6. STATEMENT OF CONSEQUENCES

6.1. If You Fail to Cure or Vacate. Upon your failure to either pay the past-due rent (Variants A and C) or to vacate (Variant B and any uncured Variant A or C), Landlord intends to commence an eviction action under Wis. Stat. § 799.40 in the Circuit Court for [COUNTY] County, Wisconsin.

6.2. Possible Money Judgments. In addition to a writ of restitution restoring possession to Landlord, the eviction action may seek:

• All unpaid rent and late fees;
• Holdover damages at up to twice the daily rental value, Wis. Stat. § 704.27;
• Costs and disbursements;
• Reasonable attorney fees if authorized by the Lease and Wis. Stat. § 799.25;
• Any damages to the Premises beyond ordinary wear and tear.

6.3. Credit and Court Records. An eviction filing will appear on Wisconsin Circuit Court Access (WCCA) and may impair your ability to rent housing in the future. 2017 Wis. Act 317 limits but does not eliminate the public visibility of dismissed eviction filings.

7. RESERVATION OF RIGHTS AND NON-WAIVER

7.1. The acceptance of any payment after expiration of the cure period is conditional and shall not be construed as a waiver of this Notice or of 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, and Landlord reserves the right to serve additional notices for separate breaches.

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

8. TENANT RIGHTS NOTICES (REQUIRED DISCLOSURES)

8.1. Right to Cure. Pursuant to Wis. Stat. § 704.17(3), payment of the entire past-due rent within the cure period stated in Variant A or C ABOVE renders this Notice void.

8.2. Right to Habitability Defense. If Landlord has materially failed to maintain the Premises in compliance with Wis. Stat. § 704.07 or applicable housing codes, you may be entitled to rent abatement or other relief and may raise habitability as a defense to eviction.

8.3. Right to Be Free from Retaliation. Wis. Stat. § 704.45 prohibits Landlord from terminating tenancy, refusing to renew, raising rent, or decreasing services in retaliation for your good-faith complaint to a public agency, complaint to Landlord under § 704.07, or exercise of any right relating to your tenancy.

8.4. 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). Violations are actionable for double damages plus costs and reasonable attorney fees under Wis. Stat. § 100.20(5).

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

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

8.6. Servicemembers Civil Relief Act (SCRA). If you or your spouse is on active military duty, you may be entitled to additional protections under 50 U.S.C. § 3951.

8.7. Violence Against Women Act (VAWA). If your tenancy is in federally subsidized housing, you may have protections against eviction based on incidents of domestic violence, dating violence, sexual assault, or stalking. 34 U.S.C. § 12491.

9. SERVICE

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

• ☐ Personal delivery to Tenant at the Premises on [__/__/____].
• ☐ Personal delivery to a competent member of Tenant's household 14 years of age or older at the Premises on [__/__/____], with informed notice that delivery is being made on Tenant's behalf.
• ☐ Mail (first-class) to Tenant at [ADDRESS] on [__/__/____] (add 3 days to cure period).
• ☐ Certified mail, return receipt requested to Tenant at [ADDRESS] on [__/__/____] (USPS Tracking #[___________________]) — Wis. Stat. § 704.21(1)(d) authorizes proof by USPS certified mailing receipt.
• ☐ Posting in a conspicuous place at the Premises AND mailing to Tenant at [ADDRESS] on [__/__/____], after personal service was attempted with reasonable diligence and could not be made.

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 as follows:

11.1. I am over the age of 18 years and not a party to this matter.

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

11.3. The facts stated herein are true to my own personal 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

• Two-track notice scheme. Wis. Stat. § 704.17 distinguishes (i) tenancies of one year or less (subsection (1) and (1m)) — 5-day pay-or-quit OR 14-day unconditional quit upon a second default within 12 months — from (ii) tenancies of more than one year (subsection (2)) — 30-day cure or quit. Periodic tenancies (week-to-week, month-to-month) fall under subsection (1).
• Computation of time. The 5-day, 14-day, and 30-day periods commence the DAY AFTER service. Wis. Stat. § 990.001(4) and (4)(g) (mailbox rule adds 3 days for mail service).
• Acceptance of rent during cure period. Acceptance of full rent during the cure period revokes the notice and reinstates the tenancy. § 704.17(3). Acceptance of partial rent does NOT automatically waive the notice if the landlord reserves rights in writing — a 2017 Act 317 reform.
• Rent amount disputes. A notice that overstates rent is not automatically defective. 2017 Wis. Act 317. The tenant may avoid eviction by tendering the undisputed amount and contesting the disputed portion at the eviction hearing.
• Self-help is barred. Wisconsin retains a strong common-law and statutory bar on self-help. Wis. Stat. § 704.95; ATCP 134.09(7). Civil remedies include double damages, costs, and reasonable attorney fees under § 100.20(5).
• Local ordinance preemption (2017 Act 317). Many Madison and Milwaukee tenant-protection ordinances were preempted in 2018. Confirm the current status of any local ordinance before relying on it.
• CARES Act overlay. For "covered dwellings" (federally subsidized or backed mortgage), 30 days' written notice is the federal floor under 15 U.S.C. § 9058. The Seventh Circuit has not narrowed the 30-day rule. Use 30 days even if state law would allow less.
• Service options. Wis. Stat. § 704.21 authorizes (i) personal delivery, (ii) delivery to a competent household member 14+, (iii) mail with 3 added days, or (iv) posting + mailing if personal service is impossible after reasonable diligence. Certified mail is the simplest evidentiary path under § 704.21(1)(d).
• Pet/companion animal carve-out. If the breach involves an emotional support or service animal, examine Wis. Stat. § 106.50(2r)(bg) — a 2017 Act 317 reform — before serving.
• Pleading the prior 5-day notice. When using Variant B (14-day unconditional), attach the prior 5-day notice as Exhibit 1 and recite the prior breach with specificity. Failure to plead the predicate notice has caused dismissals in the Wisconsin Court of Appeals.

13. SOURCES AND REFERENCES

• Wis. Stat. ch. 704 (Landlord and Tenant) — https://docs.legis.wisconsin.gov/statutes/statutes/704
• Wis. Stat. § 704.17 (Termination notices) — https://docs.legis.wisconsin.gov/statutes/statutes/704/17
• Wis. Stat. § 704.21 (Manner of giving notice) — https://docs.legis.wisconsin.gov/statutes/statutes/704/21
• Wis. Stat. § 704.95 (DATCP rental practices)
• Wis. Stat. ch. 799 (Small Claims Procedure)
• Wis. Admin. Code ATCP 134 (Residential Rental Practices) — https://docs.legis.wisconsin.gov/code/admin_code/atcp/090/134
• 2017 Wisconsin Act 317 — https://docs.legis.wisconsin.gov/2017/related/lcactmemo/act317
• DATCP Wisconsin Way — Landlord-Tenant Guide — https://datcp.wi.gov/Pages/Publications/LT-LandlordTenantGuide497.aspx
• Wisconsin State Law Library — Landlord/Tenant — https://wilawlibrary.gov/topics/landlord.php
• Tenant Resource Center — https://www.tenantresourcecenter.org
• Milwaukee Justice Center — Notice Summary — https://www.milwaukeejusticecenter.org/landlord-tenant-forms.html
• Wisconsin Court System — Small Claims Forms (SC-500) — https://www.wicourts.gov/forms1/circuit/ccform.jsp?FormName=SC-500
• 15 U.S.C. § 9058 (CARES Act 30-day notice)
• 50 U.S.C. § 3951 (SCRA)
• 34 U.S.C. § 12491 (VAWA — federally subsidized housing)

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.