Wisconsin eviction notice and late fee rules

Notice for unpaid rent

5 days — A month-to-month or week-to-week tenant who fails to pay rent when due is terminated if the landlord gives notice to pay rent or vacate on or before a date at least 5 days after the notice and the tenant does not pay; alternatively a month-to-month tenancy is terminated by a notice to vacate at least 14 days after the notice given while the tenant is in default.

Ending a month-to-month tenancy

A periodic tenancy or tenancy at will requires at least 28 days' notice, except that if rent is payable on a basis less than monthly, notice at least equal to the rent-paying period is sufficient.

Late-fee limit

No statutory cap found

Grace period before a late fee

None found in the statutes we read

What we could not verify for Wisconsin: No residential late_fee_cap or grace_period located (Wis. Stat. § 704.90 late-fee presumption applies to self-service storage only, not residential tenancies); no statewide just-cause statute; utility shutoff addressed only as retaliatory constructive eviction in ATCP 134.09(5).

Notice for unpaid rent

A month-to-month or week-to-week tenant who fails to pay rent when due is terminated if the landlord gives notice to pay rent or vacate on or before a date at least 5 days after the notice and the tenant does not pay; alternatively a month-to-month tenancy is terminated by a notice to vacate at least 14 days after the notice given while the tenant is in default.

“If a month-to-month tenant or a week-to-week tenant fails to pay rent when due, the tenant’s tenancy is terminated if the landlord gives the tenant notice requiring the tenant to pay rent or vacate on or before a date at least 5 days after the giving of the notice and if the tenant fails to pay accordingly. A month-to-month tenancy is terminated if the landlord, while the tenant is in default in payment of rent, gives the tenant notice requiring the tenant to vacate on or before a date at least 14 days after the giving of the notice.”
Wis. Stat. § 704.17(1p)(a)

For a lease of one year or less or a year-to-year tenancy, failure to pay an installment of rent when due terminates the tenancy if the landlord gives notice to pay rent or vacate on or before a date at least 5 days after the notice and the tenant does not pay.

“If a tenant under a lease for a term of one year or less, or a year-to-year tenant, fails to pay any installment of rent when due, the tenant’s tenancy is terminated if the landlord gives the tenant notice requiring the tenant to pay rent or vacate on or before a date at least 5 days after the giving of the notice and if the tenant fails to pay accordingly.”
Wis. Stat. § 704.17(2)(a)

If a tenant under a lease of one year or less paid after such a notice (or was allowed to stay) and within one year again fails to pay rent on time, the tenancy is terminated by a notice to vacate at least 14 days after the notice, given while the tenant is in default.

“If a tenant has been given such a notice and has paid the rent on or before the specified date, or been permitted by the landlord to remain in possession contrary to such notice, and if within one year of any prior default in payment of rent for which notice was given the tenant fails to pay a subsequent installment of rent on time, the tenant’s tenancy is terminated if the landlord, while the tenant is in default in payment of rent, gives the tenant notice to vacate on or before a date at least 14 days after the giving of the notice.”
Wis. Stat. § 704.17(2)(a)

For a lease of more than one year, a default (including nonpayment) terminates the tenancy only if the landlord gives notice to cure on or before a date at least 30 days after the notice and the tenant fails to comply; for nonpayment, all rent due must be paid by the date in the notice.

“If a tenant under a lease for more than one year fails to pay rent when due, or commits waste, or breaches any other covenant or condition of the tenant’s lease, the tenancy is terminated if the landlord gives the tenant notice requiring the tenant to pay the rent, repair the waste, or otherwise comply with the lease on or before a date at least 30 days after the giving of the notice, and if the tenant fails to comply with the notice.”
Wis. Stat. § 704.17(3)(a)

For these termination notices, rent includes past-due rent and late fees owed for past-due rent.

“In this section, “rent” includes any rent that is past due and any late fees owed for rent that is past due.”
Wis. Stat. § 704.17(1g)

Paying to stop an eviction

A tenant is deemed to comply with a remedy-or-vacate notice if the tenant promptly takes reasonable steps to remedy the default and proceeds with reasonable diligence, or, where damages are adequate protection, makes a bona fide and reasonable offer to pay all damages.

“A tenant is deemed to be complying with the notice if promptly upon receipt of such notice the tenant takes reasonable steps to remedy the default and proceeds with reasonable diligence, or if damages are adequate protection for the landlord and the tenant makes a bona fide and reasonable offer to pay the landlord all damages for the tenant’s breach.”
Wis. Stat. § 704.17(2)(b)

Notice for other lease violations

For a lease of one year or less or a year-to-year tenancy, waste or breach of a non-rent covenant terminates the tenancy if the landlord gives notice to remedy or vacate on or before a date at least 5 days after the notice and the tenant fails to comply.

“the tenant’s tenancy is terminated if the landlord gives the tenant a notice requiring the tenant to remedy the default or vacate the premises on or before a date at least 5 days after the giving of the notice, and if the tenant fails to comply with such notice.”
Wis. Stat. § 704.17(2)(b)

For a month-to-month tenant's waste or breach of a non-rent condition, the landlord may alternatively give a notice to vacate on or before a date at least 14 days after the notice.

“The landlord gives the tenant notice requiring the tenant to vacate on or before a date at least 14 days after the giving of the notice.”
Wis. Stat. § 704.17(1p)(b)2.

For specified criminal activity or drug-related criminal activity, a landlord may terminate without an opportunity to cure by a notice requiring the tenant to vacate on or before a date at least 5 days after the notice.

“The notice shall require the tenant to vacate on or before a date at least 5 days after the giving of the notice.”
Wis. Stat. § 704.17(3m)(b)1.

Ending a month-to-month or other periodic tenancy

A periodic tenancy or tenancy at will requires at least 28 days' notice, except that if rent is payable on a basis less than monthly, notice at least equal to the rent-paying period is sufficient.

“At least 28 days’ notice must be given except in the following cases: If rent is payable on a basis less than monthly, notice at least equal to the rent-paying period is sufficient; all agricultural tenancies from year-to-year require at least 90 days’ notice.”
Wis. Stat. § 704.19(3)

A periodic tenancy can be terminated by a notice under § 704.19 only at the end of a rental period.

“A periodic tenancy can be terminated by notice under this section only at the end of a rental period.”
Wis. Stat. § 704.19(2)(b)1.

Lockouts and utility shutoffs

No landlord may exclude, forcibly evict, or constructively evict a tenant other than by an eviction procedure under chapter 799.

“No landlord may exclude, forcibly evict or constructively evict a tenant from a dwelling unit, other than by an eviction procedure specified under ch. 799, Stats.”
Wis. Admin. Code ATCP § 134.09(7)

A residential rental agreement is void and unenforceable if it authorizes eviction or exclusion of a tenant other than by judicial eviction procedures under chapter 799.

“Authorizes the eviction or exclusion of a tenant from the premises, other than by judicial eviction procedures as provided under ch. 799.”
Wis. Stat. § 704.44(2m)

Retaliation

A landlord may not increase rent, decrease services, bring a possession action, refuse to renew a lease, or threaten these if a preponderance of evidence shows it would not occur but for retaliation against the tenant for a good-faith defect complaint to an elected official or local code agency, a complaint to the landlord about § 704.07 or local code violations, or exercising a legal right relating to residential tenancies.

“Except as provided in sub. (2), a landlord in a residential tenancy may not increase rent, decrease services, bring an action for possession of the premises, refuse to renew a lease or threaten any of the foregoing, if there is a preponderance of evidence that the action or inaction would not occur but for the landlord’s retaliation against the tenant for doing any of the following: (a) Making a good faith complaint about a defect in the premises to an elected public official or a local housing code enforcement agency. (b) Complaining to the landlord about a violation of s. 704.07 or a local housing code applicable to the premises. (c) Exercising a legal right relating to residential tenancies.”
Wis. Stat. § 704.45(1)

Notwithstanding the retaliation bar, a landlord may bring a possession action if the tenant has not paid rent (other than a prohibited rent increase).

“Notwithstanding sub. (1), a landlord may bring an action for possession of the premises if the tenant has not paid rent other than a rent increase prohibited by sub. (1).”
Wis. Stat. § 704.45(2)

The rule bars a landlord from terminating a tenancy, giving notice preventing automatic renewal of a lease, or constructively evicting a tenant by any means (including terminating or substantially reducing heat, water or electricity) in retaliation against a tenant for the reasons the rule then lists.

“No landlord shall terminate a tenancy or give notice preventing the automatic renewal of a lease, or constructively evict a tenant by any means including the termination or substantial reduction of heat, water or electricity to the dwelling unit, in retaliation against a tenant because the tenant has:”
Wis. Admin. Code ATCP § 134.09(5)

What the notice must say and how it is delivered

A termination notice for a periodic tenancy must be in writing and substantially inform the other party of the intent to terminate and the termination date.

“Notice must be in writing, formal or informal, and substantially inform the other party to the landlord-tenant relation of the intent to terminate the tenancy and the date of termination.”
Wis. Stat. § 704.19(4)

Landlord notice must be given by one of the listed methods, including personal delivery to the tenant or leaving a copy at the tenant's usual place of abode with a competent family member at least 14 years old who is informed of its contents.

“By giving a copy of the notice personally to the tenant or by leaving a copy at the tenant’s usual place of abode in the presence of some competent member of the tenant’s family at least 14 years of age, who is informed of the contents of the notice;”
Wis. Stat. § 704.21(1)(a)

A landlord may also give notice by registered or certified mail to the tenant's last-known address, or by serving the tenant as a summons is served under s. 801.11.

“By mailing a copy of the notice by registered or certified mail to the tenant at the tenant’s last-known address; (e) By serving the tenant as prescribed in s. 801.11 for the service of a summons.”
Wis. Stat. § 704.21(1)(d)-(e)

If notice cannot be given personally or by leaving it with a person in charge with reasonable diligence, the landlord may post a copy in a conspicuous place on the premises and mail a copy by regular or other mail to the tenant.

“If notice cannot be given under par. (a) or (b) with reasonable diligence, by affixing a copy of the notice in a conspicuous place on the rented premises where it can be conveniently read and by mailing a copy by regular or other mail to the tenant’s”
Wis. Stat. § 704.21(1)(c)

Court deadlines and the eviction case

In eviction actions, the summons return date for a Wisconsin resident must be not less than 5 days nor more than 25 days from the issue date, with service at least 5 days before the return date.

“In eviction actions, the return date for a summons served upon a resident of this state shall be not less than 5 days nor more than 25 days from the issue date, and service shall be made not less than 5 days prior to the return date.”
Wis. Stat. § 799.05(3)(b)

Late fees and grace periods

No landlord may charge a late rent fee or penalty except as specifically provided in the rental agreement; rent prepayments must first be applied to rent owed before a late fee is charged; and no fee or penalty may be charged for nonpayment of a late fee.

“No landlord may charge a late rent fee or late rent penalty to a tenant, except as specifically provided under the rental agreement. (b) Before charging a late rent fee or late rent penalty to a tenant, a landlord shall apply all rent prepayments received from that tenant to offset the amount of rent owed by the tenant. (c) No landlord may charge any tenant a fee or penalty for nonpayment of a late rent fee or late rent penalty.”
Wis. Admin. Code ATCP § 134.09(8)

If you have received a notice

1. Write down the date you received it and how it was delivered.
2. Check what it asks for — payment, fixing a problem, or moving out — and the deadline it gives against the Wisconsin rules above.
3. Keep paying what you can document; ask for receipts.
4. If you receive court papers, note the response deadline on them; a legal-aid office or the court’s self-help center can help.

Check another situation with the eviction notice checker or the late fee checker.

Common questions

How much notice does a landlord in Wisconsin have to give for unpaid rent?

A month-to-month or week-to-week tenant who fails to pay rent when due is terminated if the landlord gives notice to pay rent or vacate on or before a date at least 5 days after the notice and the tenant does not pay; alternatively a month-to-month tenancy is terminated by a notice to vacate at least 14 days after the notice given while the tenant is in default. (Wis. Stat. § 704.17(1p)(a)).

How much notice is needed to end a month-to-month tenancy in Wisconsin?

A periodic tenancy or tenancy at will requires at least 28 days' notice, except that if rent is payable on a basis less than monthly, notice at least equal to the rent-paying period is sufficient. (Wis. Stat. § 704.19(3)).