For Immediate Release by Tenant Resource Center on 12-22-2025

The Quarter 3 2025 EDDP Program Report is now available on our EDDP website. Informed by the data we have collected on thousands of eviction cases since 2022, our quarterly Program Reports provide updates on the state of eviction in Dane County and the effect that the Eviction Diversion & Defense Partnership is having. This latest report covers the changes Tenant Resource Center has seen from July through September 2025. Here are some highlights:

This page contains everything you need to know about eviction in Wisconsin. Looking for something more specific? Use the guide below to navigate to topics found on this page and throughout our website.

What is an Eviction?

Eviction is a legal process through which a landlord may take possession of the unit back from the tenant due to a breach of agreement on the tenant’s part. Common reasons for this, which will be addressed later include (but are not limited to) nonpayment of rent and breaches of the lease such as unauthorized guests, criminal activity, or waste violations. 

The eviction process begins when the landlord serves the tenant a written notice under Wis. Stat. 704.17. An eviction is not a court document. It is only for the landlord's files.  The notice should specify the tenant violated the lease, and the number of days the tenant has to “cure” the issue and remain in the unit (if that is an option) or move out, with the understanding that if neither of these happen, the landlord is within their rights to begin the court process. 

If a landlord wants to pursue a judgment of eviction through the courts, a judge will decide whether the tenant has to:

• Move Out (eviction)
• Get to Stay (dismissal) or
• The case will be dismissed by mutual agreement (stipulation) to avoid a permanent court record.

NOTE: In Wisconsin, a tenant can only be forced to leave an apartment after a court date and only if the judge rules in the landlord's favor. Then, the order must be given to the sheriff, the only one allowed to remove the tenant. The landlord can only take action with this court order. 

Once an eviction is filed in small claims court, it takes 2-10 years to remove it from CCAP, a public website where all court records in Wisconsin can be easily accessed by anyone (for more information, click here). CCAP records related to housing might make it harder to get an apartment. Wis. Stat. 758.20(2)(a) & (b), 2017 Wis. Act 317, Sec. 46, Effective 4/18/2018.

Some leases have rules that conflict with the eviction laws in Wis. Stat. 704. Those rules are only enforceable if a lease lasts longer than a year. Wis. Stat. 704.17(5)(a) & (b), 2015 Wis. Act 176, Sec. 26 & 27, 2015 Wis. Act 176, Sec. 44, sub. 1

Types of Notices

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According to Wis. Stats. 704.17 & 704.21, all eviction notices must:

• Be in writing
• State the number of days the tenant has to take action (this is challenging. More information on counting days is here.)
• State whether the tenant has the right to cure (fix) the problem.
• State whether the tenant can fix the problem and can stay or if they have to leave and
• State whether the rent is due (should include the amount) and which lease clause the landlord believes has been broken.

Note: The eviction notice the landlord can serve depends on your lease, the violation, and (sometimes) how many notices the tenant has gotten in the last 12 months.

Need help to figure out what kind of lease you have / what notices apply? Click here!

5-day Pay or Quit Notice with Right to Cure

Wis. Stat. 704.17(1g), 2017 Wis. Act 317, Sec. 44, Effective 4/18/18. 

Only given at a point when the rent is late or late fees are owed. The tenant does not need to leave within five days, and this notice can be cured (fixed)! By law, the landlord has to allow tenants at least five days to pay overdue rent and late fees (not counting the day it is served according to Wis. Stats. 704.17(1)(a) & (2)(a), & 990.001(4).

New laws clarify that if the notice lists the wrong amount of rent or late fees owed, the notice is still valid (the landlord does not have to start over in the process) unless:

1. The landlord intentionally wrote the wrong amount (Wis. Stat. 704.17(4m)(a), 2017 Wis. Act 317, Sec. 45), or
2. The tenant pays the amount they think is the correct amount (Wis. Stat. 704.17(4m)(b), 2017 Wis. Act 317, Sec. 45, Effective 4/18/18). 

If you make a payment plan, the tenant must get a written promise that they won't be evicted. 

Tenants must be allowed to avoid court if they pay before the notice expires. 

5-day Notice for Non-Rent Violation with Right to Cure

It is a warning that the tenant broke a clause or rule in the lease other than non-payment of rent or late fees. Wis. Stat. 704.17(1g), 2017 Wis. Act 317, Sec. 44, Effective 4/18/18. The landlord has to give them at least five days (not counting the day it is served) to fix the problem or make a "reasonable offer" to pay the landlord for damages to the unit. Wis. Stat. 704.17(2)(b) Within five days, tenants should write to the landlord and either deny any violation or explain what steps they took to fix it. 

14-day Notice with No Right to Cure

• The order orders the tenant to move even if they fix the problem, and it must give them at least 14 days to move. This does not include the day it was served (Wis. Stat. 990.001(4)(a)). 
• Tenants with rental agreements for a set term of one year or less can only be given this notice if they have already received a curable 5-day notice for the same violation type (rent or late fees, or anything other than rent/late fees) within the previous 12 months. 
• Landlords can give a 14-day notice to week-to-week and month-to-month tenants when they are behind in rent or late fees without getting a 5-day notice first. Wis. Stats. 704.17(1)(a) & (b) & (2)(b), 704.17(1g), 2017 Wis. Act 317, Sec. 44, Effective 4/18/18.

30-day Pay or Quit Notice with Right to Cure

• This is only for tenants with a lease longer than a year and is the only notice they can receive (other than a 5-day notice with no right to cure under the Safe Housing Act or for a drug nuisance). 
• It gives them at least 30 days to pay late rent or take "reasonable steps" to stop violating the lease. Wis. Stat. 704.17(3)(a)

5-day Notice with No Right to Cure

• This notice can only be given in three circumstances:

1. A "Drug (or Gang) Nuisance" Property. If a law enforcement agency (police, sheriff, DEA, etc.) gives the landlord a notice that their property is a "drug nuisance" (manufacture, delivery, or sale of drugs is made by the tenant or in the tenant's unit) or a "gang nuisance." A tenant can challenge this termination (do it in writing to the landlord and keep a copy), and then the landlord must let the tenant stay or file in court and prove the "drug (or gang) nuisance" to a judge. Wis. Stats. 704.17(1)(c), (2)(c), & (3)(b)
2. Under the Safe Housing Act. Victims of violence are protected from eviction. There must be certified documentation described in Wis. Stat. 704.16(3)(b) that the tenant poses an imminent threat of severe physical harm to another tenant (or their child/ren) in the same unit, multi-unit building, apartment complex, manufactured home, or mobile home in the same mobile home community. Wis. Stats. 704.16(3)(a) & (b), 710.15(5t), 2013 Wis. Act 76, Sec. 19 Effective 3/1/14. 
   • If there is no certified documentation, a landlord can still serve this notice for a non-rent violation if they can show that the offending tenant broke the law. 
3. Suspected Criminal Activity or "Drug-Related" Criminal Activity. This notice can be served (without the tenant being ticketed, arrested, or convicted) if anyone in the tenant's household, or any of their guests or invitees, engages in the following:

• Criminal activity that threatens 

1. the health or safety of other tenants, of people residing in the "immediate vicinity" of the premises, or of the landlord, agent, or employee;
2. the right to peaceful enjoyment of other tenants or people residing in the "immediate vicinity" of the premises or

• "Drug-related criminal activity" on or near the premises. Wis. Stat. 704.17(3m)(b), 2015 Wis. Act 176, Sec. 25. Defined as "The manufacturing or distribution of a controlled substance that is not prescribed by a doctor for medical use by a disabled person." The disabled person can manufacture, use, or possess this controlled substance, and it can be in the possession of their caregiver or worker. Wis. Stat. 704.17(3m)(a)1. & 2., 2015 Wis. Act 176, Sec. 25, Effective 3/2/16.

NOTE: This process cannot be used against the person who was the victim of the crime. Wis. Stat. 704.17(3m)(c), 2015 Wis. Act 176, Sec. 25

In addition to being in writing and served according to Wis. Stat. 704.21, the 5-day no-cure notice for criminal or "drug-related" criminal activity must:

• Require the tenant to vacate on or before a date at least five days after the giving of the notice,
• State the reason for eviction,
• State that the tenant has the right to contest the allegations in the notice before a court commissioner or judge if an eviction is filed,
• Advise the tenant that they may seek the assistance of legal counsel, a volunteer legal clinic, or "a tenant resource center," and include:
  • A description of the criminal activity or "drug-related criminal activity."
  • The date it took place, and
  • The identity or description of the individual(s) who engaged in the activity. Wis. Stat. 704.17(3m)(b)1., 2015 Wis. Act 176, Sec. 25, Effective 3/2/16.

How are non-renewal notices different?

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A non-renewal notice isn't an eviction notice. If you receive a notice saying your landlord isn't renewing your lease, there are a couple of things to consider:

1. If you have a lease with a term where the beginning and end dates are written down, the tenant and the landlord must only give notice if your lease says otherwise. If your lease says that notice is required on a term lease, go here to learn more because it might not be enforceable.
2. If you have a month-to-month tenancy (a lease with terms but no end date, where you pay monthly), then written notice IS required from both the landlord and the tenant. Wis. Stat. 704.19 explains these tenancies can be ended by giving the other party at least 28* days' written notice. Here's how those non-renewal notices work:

• The notice must end on the last day of the rental period. 

1. For example, if rent is paid on the first day of the month, the last day of the month is the last day of the rental period.

• The notice has to be at least 28* days - it can't be shorter. However, it can be more extended notice and even be required (see the last bullet below).
• If the notice specifies less than the correct number of days, it is still valid but postponed until the end of the next rental period, when the correct number of days (or more) have passed. 

1. (If a tenant gives the landlord incorrect notice and moves out, then it's more like breaking their lease, with the mitigation requirements on the landlord. See our Ending Your Lease page for more info).

• The notice has to be in writing, even if the original agreement wasn't.
• If your lease has language requiring more than 28 days' notice, then that is enforceable! 

1. Wis. Stat. 704.19(2)(a)1 requires 28 days' notice unless proof agrees with another method, such as an expired lease. 

• If your lease expired a while ago, but you still pay monthly, you're a month-to-month tenant. More information on becoming a tenant through lapsed leases is here. To end the agreement, written notice IS required from the landlord and the tenant. 

1. If you have a rental agreement where rent isn't paid regularly by month/week/day and may involve services (but not employment) or purchases of goods, you might be a tenant at will. 

• If you are, then notice IS required to end whatever arrangements have been agreed upon by both the tenant and landlord. Steps are the same as month-to-month tenants (#2, above), except:
• Notice can be given at any point if there are enough days in the notice.

1. An example: The tenant pays the landlord by buying groceries here and there, and the landlord wants the arrangement to end and the tenant to leave. So, the landlord gives the tenant 28* days written notice, and once that notice is up, the tenancy is over.

Illegal Lease Rules about Eviction

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Leases that contain the following provisions are illegal. If the landlord wrote them into the lease, the tenant could move out without any consequences (like owing future rent).

• Allows the landlord to: 
  • Evict the tenant because they call law enforcement or emergency/health services for help. Wis. Stat. 704.44(1)
    • People in Wisconsin are also protected by "Good Samaritan" laws. If you are getting help for someone with a drug overdose, you cannot be prosecuted for possessing any illegal drugs or paraphernalia. Wis. Stat. 961.443
  • Do not evict a tenant just because a crime was committed on the rental property and they, or someone who lives with them, were the victim and couldn't have prevented it. See Wis. Stat. 950.02 (4), Wis. Stat. 704.44(9), 2011 Wis. Act 143, Section, effective 3/31/12; 2014 Wis. Act 76, Sec. 25, effective 3/1/14; and ATCP 134.08(9), CR 14-038, Sec. 11, effective 11/1
  • Evict for a crime committed on the rental property, and the rental agreement does not include the Notice of Domestic Abuse Protections required under Wis. Stat. 704.14, Wis. Stat. 704.44(10), 2014 Wis. Act 76, Sec. 26, Effective 3/1/14 and ATCP 134.08(10), CR 14-038, Sec. 11, Effective 11/1/15.
  • Evict the tenant without using the court process. Wis. Stat. 704.44(2m), 2011 Wis. Act 143, Sec. 26, Effective 3/1/14 and ATCP 134.08(2), CR 14-038, Sec. 11, Effective 11/1/15.

Illegal, "Self-Help" Evictions

• The landlord is trying to force a tenant out by changing the locks, throwing the tenant's stuff out, shutting off power, etc., without a court order.   
• A tenant can sue the landlord for double damages (hotel costs, etc.), court costs, and reasonable attorney's fees. ATCP 134.09(7). 

If you are illegally evicted, document what happens and any related costs. Call the sheriff's office for immediate help getting back into your apartment, Consumer Protection at (800) 422-7128 to file a complaint, and Legal Action of Wisconsin or a private attorney to sue for double damages. Threatening legal action can stop illegal evictions, and law enforcement may assist in getting back your property.

Tenant FAQ

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I've received an eviction notice; what do I do next?

Never ignore an eviction notice! (Unless it is an email hoax). Once tenants receive a 5-, 14-, or 30-day notice, they have three options:

     1. Fix the problem and remain in the apartment, if applicable. 

• If the tenant got a notice with a right to cure, they have a right to stay if they pay the total amount due (or the amount they believe to be correct). Or if they take "reasonable steps" to fix another type of violation within the time limit (the day served does not count). Wis. Stats. 990.001(4), 704.17(4m)(b), 2017 Wis. Act 317, Sec. 45, Effective 4/18/18. The landlord cannot kick them out, go to court, or refuse a rent payment from the tenant during that time. Tenants should write a dated letter to the landlord telling them the problem is fixed and keep copies of everything, including payment records.

NOTE to TENANTS: If you pay by money order, make it payable to the landlord, keep a copy, and get a receipt (if possible). If you pay by cash, the landlord must give you a receipt. ATCP 134.03(2)(b) If they won't give you a receipt, bring a witness, document the amount paid with the date and time, and consider filing a complaint with the Department of Agriculture, Trade and Consumer Protection. Get the agreement in writing so they cannot evict you after taking your money.

If tenants receive a notice without a right to cure and still fix the problem, they will have to negotiate with the landlord to stay, document any attempts to fix it and get an agreement in writing.

With a 14-day notice, or after the 5-day notice with a right to cure expires, the landlord could refuse to take the rent and instead file for an eviction.

     2. Contest the violation and stay.

If a landlord wants to evict a tenant, the tenant has the right to a trial. If the eviction notice has no grounds, it may be dismissed, or the tenant may win a counter-claim. Judges sometimes allow tenants to reduce their rent for health and safety violations. Contact the Tenant Resource Center for more information or a housing attorney for legal advice.

WARNING: The landlord could win the eviction case, and the court could decide the tenant owes at least double the pro-rated rent for each day they stayed after the 5- or 14-day notice expired.

If the tenant contests the eviction and the case goes to court, the landlord must prove they committed the alleged crime by a "preponderance of the credible evidence." This is a very different burden of proof from that in criminal court, where these charges are usually dealt with. Wis. Stat. 704.17(3m)(b)1., 2015 Wis. Act 176, Sec. 25. 

     3. Move out before it goes to court.

You must still pay rent and re-rental costs until a new tenant moves in or until the lease ends. Give your landlord written notice before moving out. The landlord has to try to re-rent the unit. But, they may still file in court to evict you or for the money owed. Consider vacancy rates in your area and whether your apartment will rent easily before moving out.

Eviction Notice Response

Advice #1: DON'T PANIC. This isn't an eviction in court yet, and it's possible to work things out.

Advice #2: Write a letter! It creates a paper trail that shows you are trying to resolve the problem and gives the landlord a sense of everything you do to resolve it. 

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How Can I Start My Letter?

For 5-day notice Due to Unpaid Rent:

Here is the letter. It says:

• I know that I owe $___ amount of money.
• I have until [this date] to pay that amount. (With this information, you can double-check the landlord's math.)
• I am trying to find help from [these agencies]. (Not sure about the agencies in your area? Call 211 or go to their website. Also, the Coordinated Entry program, available through 608-257-0006 x7, is suitable for those in Dane County.)
• I am giving the landlord permission to answer questions from these agencies. (Some landlords require a "release of information" on file before they will answer questions, and this letter will serve that purpose. It'll help ensure the process continues smoothly.)

Eviction laws say That if you get a 5-day notice for unpaid rent, you must pay the amount owed within that five days or move out, or the landlord can take you to eviction court. If you try to pay after five days, the landlord can accept that money and still evict you. The landlord cannot remove you, change the locks, or shut off the utilities - the landlord has to go to court and have a judge tell them that they can take the rental unit back. (From Wis. Stat. 704.17(2)a and Wis. Stat. 799.40(1m)). A much more detailed explanation of the eviction process is on our Eviction page.

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For a 5-day Notice Due to Any Other Lease Problem:

Here is the letter. It says:

• I know that I didn't follow the lease [in this way].
• I have until [this date] to take reasonable steps to resolve the problem. (Double-check the landlord's math with this information.)
• I am taking [these steps], which will be completed by [this date].
• I am trying to find help from [these agencies]. (To find out about agencies in your area, call 211 or visit their website.)
• I am giving the landlord permission to answer questions from these agencies. 

Eviction laws say That if you get a 5-day notice for a "breach of lease" (a notice saying you weren't complying with your lease), then you need to take "reasonable steps to remedy the default" within those five days and continue "with reasonable diligence." Or, if the breach of the lease had a monetary component, then you must make a "reasonable offer to pay the landlord" the amount owed within those five days. If you cannot act within five days and don't move out, the landlord can take you to eviction court. 

We encourage you to contact an attorney for a 5-day notice with NO right to cure (only in drug nuisance/gang/ Safe Housing Act situations). 

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What if I Disagree with the Notice?

Then send this letter. It'll only work if you disagree with ALL PARTS of the Notice. If anything in the 5-day notice is correct, then the landlord can pursue those parts in court, and you should send one of the above letters.

What if I Don't Move Out?

1. First, the landlord files for an eviction hearing in small claims court. They must pay a filing fee ($94.50). You may have to pay this fee if they win the case or as part of the settlement. 
2. Next, you should receive the Summons and Complaint from a sheriff's deputy or a civil process server at least five days before the court date. The hearing before the trial is also known as the "joinder conference," "initial hearing," or "return date." 
   1. Under 2013 Wis. Act 76, your county court clerk could allow this service to be done by mail. If so, a copy must be sent to each defendant by certified mail. Wis. Stats. 799.12(2) & (3), 2013 Wis. Act 76, Secs. 31 & 32 Effective for evictions filed after 3/1/14.
3. All adult tenants on the lease must be personally served with the notice of the court date. If the server cannot personally serve you, they must serve an adult in your household or a family member over 14 years old and inform them of the notice's contents.
   1. The summons and complaint may be published in the newspaper and mailed if additional action is required. Wis. Stat. 801.11 Notarization is no longer required. Wis. Stat. 799.06(3)(b), 2017 Wis. Act 317, Sec. 48, effective 4/18/18.

You must appear in court on that day, or you will be evicted. If the landlord promised to dismiss the case, the tenant should call the court clerk or go to court to ensure that the case file has noted this and that there will not be a hearing.

What Happens at Court?

2013 Wis. Act 76 requires the court to schedule the initial hearing ("joinder conference") within 25 days when the landlord files the Summons and Complaint. A complete trial has to be finished within 30 days of the initial hearing. Wis. Stats. 799.05(3)(b) & 799.206(3), 2013 Wis. Act 76, Secs. 29 & 34, Effective for evictions filed after 3/1/14.

A landlord's agent or employee can represent them in small claims court; that person doesn't need a lawyer. Wis. Stats. 799.06(2), 799.40(1), 2013 Wis. Act 76, Secs. 30 & 35, Effective for evictions filed after 3/1/14. 

• Neither party is required to have a lawyer, even in trial. Lawyers who help draft pleadings, motions, or documents must include their name and state bar number on any such documents and note that it was prepared with their help. Wis. Stat. 802.05(2m), 2017 Wis. Act 317, Sec. 53, Effective 4/18/18.

The first hearing aims to determine whether there will be a settlement (like a written payment plan or move-out date) or a trial—there is no need to prove cases at this hearing.

• If a tenant wants to fight the eviction, they should prepare a list of laws they think would apply since the court will only schedule a full trial with a judge if the tenant brings up "valid legal grounds." 
• If the landlord is willing to settle, both people can sign an agreement called a "stipulated dismissal." As long as the tenant follows it, they will not be evicted. If they break the agreement, the landlord files an affidavit (sworn statement), and the court will order an eviction without another hearing. Wis. Stat. 799.45, 2013 Wis. Act 76, Secs. 40-57, Effective 3/1/14.
• Suppose you disagree or face an unfavorable court ruling. In that case, you may request a new trial with a different judge on a different date by providing a valid reason for opposing the decision. Wis. Stat. 799.206(3), 2017 Wis. Act 317, Sec. 49, Effective 4/18/18. If accepted, you can also request that it be a jury trial.
• If a tenant and landlord started regularly doing something contrary to their lease agreement, eviction is possible for not following the written lease. Wis. Stat. 799.40(1s), 2017 Wis. Act 317, Sec. 51, Effective 4/18/18.

Getting More Time for Court While Applying for Emergency Assistance

Low-income tenants can apply for Emergency Assistance (EA) grants to help pay back rent and avoid eviction. If the case has already gone to court, but no writ of restitution (order for eviction) has gone through, the tenant can be given a "stay" of up to 10 days, where the case is put on hold. Wis. Stat. 799.40(4)(a), 2017 Wis. Act 317, Sec. 52, Effective 4/18/18.

Click here for a list of Dane County Eviction Prevention Programs or a statewide list of WISCAP agencies.

What if I Lose the Case?

The judge will issue a written order called a "writ of restitution." This returns possession of the rental property to the landlord. Under 2013 Wis. Act 76, the court must issue the writ "immediately." Wis. Stats. 799.44(1) & (2), 2013 Wis. Act 76, Secs. 38 & 39, Effective for evictions filed after 3/1/14.

What Happens to the Tenant's Property?

• For evictions filed on or after 3/1/14, if the landlord wrote in the lease that they wouldn't move and store property left behind, they can do anything they want with tenant property during the eviction without involving the sheriff (except to notify them that they're handling it themselves). 
• If the lease mentions property left behind, the landlord must arrange to move and store it with the sheriff. Only the sheriff can decide what is thrown away. The landlord must tell the tenant where the property is stored within ten days and how much it costs to return it. The landlord is required to give 30 days' notice before they throw it out. 
  • In Milwaukee County, the landlord must hire bonded movers. In other counties, landlords can choose to purchase their insurance bond. Wis. Stats. 799.45(2) & (3)
• It is illegal for a landlord to change this rule during a lease without the tenant's permission. Wis. Stat. 799.45(3m), 2013 Wis. Act 76, Secs. 40-57, Effective 3/1/14.

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Finding Shelter or Alternative Housing

After an eviction, it may be challenging to find housing. If you are evicted, you may wish to contact:

• Tenant Resource Center's Housing Help Desk (Dane County)
• Your county's Department of Human Services
• First Call For Help at 211 or (608) 246-4350 (in Dane County)
• Community Action Program
• Dane County Homeless Hotline (at risk or currently homeless) Monday-Friday from 8 am-4:30 pm (855) 510-2323

These agencies may provide emergency rent, shelter, and other assistance. 

Owing Money For Future Rent & Other Damages

When a tenant is evicted, the landlord can hold a "rent and damages hearing" to determine the owed money. The tenant should ensure their address is updated and attend the hearing to dispute any unfair charges or counter-sue the landlord. The tenant may be responsible for rent until a new tenant moves in, but landlords cannot charge for re-renting time or fees. See mitigation for details. Wis. Stat. 704.29 For more information, contact the Tenant Resource Center. For legal advice, contact a housing attorney.

Re-Connecting Utilities After Eviction

A public utility company that disconnected service for non-payment (by the tenant) can no longer require the owner to provide proof of eviction or proof the tenant has moved out before re-connecting the service if the service is solely in the owner's name. Wis. Stat. 196.643(4), 2017 Wis. Act 317, Sec. 35, Effective 4/18/18.

Other Help in the Eviction Process

Check with your county's clerk of courts to learn the specific procedure. Click here for an essential Guide to Small Claims Court or more Small Claims Court Tips on our blog. Click here for an attorney referral list.

Important Phone Numbers

Vocabulary

• Cure: To fix or take care of a lease violation.
• Joinder conference: A pre-trial hearing in an eviction case where the landlord and tenant decide whether to settle or go to trial. It is also called the "return date" or "initial hearing."
• Mitigate damages: The landlord's legal duty is to minimize lost rent and other re-rental costs by actively seeking a replacement tenant after an evicted tenant.
• Rent and damages hearing: A hearing held after an eviction to determine how much money the evicted tenant owes the landlord for unpaid rent and other losses the landlord suffered.
• Retaliation: When a landlord takes action against a tenant because the tenant was exercising or trying to exercise their rights as a tenant under the law. This is illegal.
• Serve: To formally give a person court papers informing them they are being sued. This must be done by someone over 18 who is not a party to the lawsuit.
• Settlement: An agreement between parties to end a lawsuit.
• Small claims court: The court where all eviction cases are filed.
• Stipulated dismissal: A settlement, such as a payment plan or move-out date, that dismisses the case if the defendant (tenant) fulfills its terms. Both parties must agree to the settlement's terms.
• Stipulation: A court-ordered agreement that is agreed to by both parties.
• Summons and complaint: These are the formal court papers that order a person to appear in court and inform them about the lawsuit.
• Trial: The formal court proceeding in which the landlord and tenant(s) present evidence and witnesses to a judge or court commissioner, who then decides who should win the lawsuit.
• Writ of restitution: A court order evicting the tenant and granting the landlord possession of the rental property.

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Relevant Sample Letters

Eviction

Looking for additional sample letters? Check out our page here!

Still have more questions about Eviction?

If you can't find the answers you are looking for here or elsewhere on our website, you may want to speak with a Housing Counselor or other staff at Tenant Resource Center. See our hours and locations here!

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This page provides general information on what options you have when you're behind on rent. For more detailed information about your rental rights and responsibilities, visit our Your Rights page. 

Step 1: Communicate With Your Landlord

At this point in the process, you may or may not have received an eviction notice giving you a deadline to pay the back-owed rent. In any case, you may want to consider keeping your landlord informed about your circumstances and next steps in addressing the back-owed balance. By now, most landlords in Dane County are familiar with the rental assistance programs in the area, but you may have to inform them of the programs you're applying for, keep them posted as you get information about your applications, or ask them for documents. Keeping your landlord informed of your circumstances can help prevent miscommunications and help keep your situation out of Eviction Court.

Whenever you communicate with your landlord, you should do so in writing and keep copies of the letters for yourself.

Sample Letters & Forms

Step 2: Apply for Assistance

There are several different types of assistance programs in Dane County; though most have very limited resources and have restrictions.

TRC's very own Eviction Prevention Coordinated Entry Screening is the first step residents of Dane County should take if they are being evicted or at risk of being evicted. Through this intake system, TRC’s staff - who manage the Eviction Diversion & Defense Partnership (EDDP) - will determine a potential client’s eligibility for rental & utility assistance from the EDDP program. This intake system also allows entrants to access financial assistance from other organizations in Dane County that TRC staff may refer tenants to.

If you need help submitting a screening or have additional questions, the best way to get direct assistance right away is to speak with staff in our office. Tenant Resource Center is available for walk-ins, no appointment needed: see our current Hours & Locations here.

← Back to Eviction.

"Self-help" evictions are illegal under ATCP 134.09(7). “Self-help” evictions mean the landlord is trying to force a tenant out by doing things like changing the locks themselves, throwing the tenant's stuff out, shutting off power, etc. without a court order. 

Only a judge can decide a tenant must leave, and only a sheriff may physically remove a tenant. “Self-help” evictions are illegal evictions and a tenant can sue the landlord for double damages (hotel costs, etc), plus court costs and reasonable attorney's fees. ATCP 134.09(7). 

Tenants, if you are illegally evicted, document what happens and any costs you have related to the illegal eviction. Call the sheriff's office for immediate help getting back into your apartment, Consumer Protection at (800) 422-7128 to file a complaint, and/or Legal Action of Wisconsin or a private attorney to sue for double damages. Sometimes the threat of this (in writing!) is enough to get the landlord to stop committing an illegal eviction. If you just want your property, sometimes law enforcement will help you get it.

To read more about the eviction process, see our “Eviction” page.

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This post discusses a 2016 UW-Madison Urban and Regional Planning's report: Evicted in Dane County, Wisconsin, A Collaborative Examination of the Housing Landscape.   (See Below for Major Findings)

A lot of tenants call us when they've received a 5-day notice, or when they are worried they might. It's scary to hear their concern, and we try to help them by working out what they might be most successful doing, based on the law. 

Advice #1: DON'T PANIC. This isn't an eviction in court, yet, and it's possible to work things out.

Advice #2: There is one thing that you can do to be much more successful in resolving this problem. And so many people don't think to do it.

Do you know about CCAP?  If you're in this business of rental housing (as a tenant or landlord), I bet you do.  It's this magical land on the interwebs where you can find court records (the public parts) for people who have records in Wisconsin. (Click here for your digital portal into wonderland**).

There's a lot that people don't understand about CCAP, though. CCAP has limitations, and it's important to be aware of them in order to use it most effectively, both in order to protect yourself, and in order to understand the people whom you may be screening.

PLEASE NOTE: A Memo from the Dept. of Housing and Urban Development (4/4/16) says denying applicants due to criminal history may be discrimination (more information here). Landlords should exercise caution pending enforcement of new rules (here is some information for landlords about this memo). Tenants who are denied may be able to file discrimination complaints in the future (here is some information for tenants about this memo).

Housing Options

Short-Term Housing After Incarceration

• Halfway Houses. If you are looking for housing immediately upon your release from prison or jail, you may qualify for a halfway house or other short-term housing programs, such as ARC Community Services (for women). These programs require a referral from a probation or parole officer, or a social worker.
• Subletting. Another option for quick, short-term housing is to sublet. You are on a lease and have all the protections of a tenant, you're just replacing one tenant who moved out early. Sometimes the tenant(s) can sublet directly to you without the landlord's permission, if they have a term lease that doesn't prohibit subletting. Even when the landlord has to give approval, they are sometimes more flexible with subletters. Look for listings on Craigslist.
• Motels/Hotels/Hostels. This may be an option for short-term housing. If you stay in a motel and have no other permanent residence, you are a tenant under the law. Wis. Stat. 704.01(1), ATCP 134.01(4) & 134.02(12). Some probation/parole officers don't allow this practice, but if you're staying in one it is very important to keep good documentation of having paid for your room. This proves you are a tenant in case the landlord does not respect your rights.
• Staying with Friends or Family/Tenant-at-Will. Many people live with friends or family after a criminal conviction. If you pay money for household costs, even if you don’t have a signed lease you are legally a “tenant at will.” If you pay on a regular schedule (i.e. weekly or monthly), you are a "periodic tenant." Wis. Stat. 704.01(5). Your rights will depend on whether the person you pay is the owner or a tenant. If the person you pay is a tenant, make sure you are not violating a guest policy or other provision in their lease or the landlord could make you move out. If the person you pay owns the unit, or if they are a tenant who wants you to move, they must serve you a written, 28-day “non-renewal” notice as though you were a month-to-month tenant. Wis. Stat. 704.19. If you don’t move out they must take you to court in order to evict you. For more information, see Eviction.

Long-Term Housing After Incarceration

• Renting from Large Management Companies. Larger management companies often have policies against renting to people with a criminal conviction or arrest record. There may be exceptions if you have a co-signer, if you have been off paper (completed a parole or probation obligation) for a certain amount of time, or if you were not convicted of a violent or drug-related crime. You can usually find their applications on their websites, and see what kinds of questions they ask. Enclose a letter with your application (see below for more information).
• Renting from Smaller, Private Landlords. People with criminal backgrounds often have more luck renting from small landlords, who might only own a few properties and thus have a more personal relationship to their tenants. This makes it easier to put a face to your story, and ask them to look past your record and see you as a person. You can often find their listings on Craigslist, which is free for everyone to use, or on "For Rent" signs in a neighborhood you want to live in. Enclose a letter with your application (see below for more information).
• Finding "Flexible" Landlords. Your local re-entry programs (such as Circles of Support) might have tips on local landlords who rent to people with criminal convictions. These groups can provide very helpful advice in other areas as well. Enclose a letter with your application (see below for more information).
• Public & Affordable Housing. Many affordable housing programs (such as Section 8, public housing or Section 42 housing projects) will deny applications based on criminal background. Applicants can request an appeal. For more information, contact your local housing authority or WHEDA (Section 42). 

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Applying for An Apartment with a Private Landlord

What The Landlord Will Search For

When reviewing an application, most landlords will run a criminal background check using a free website called CCAP (Consolidated Court Automation Program) where they can see all criminal charges filed in Wisconsin against the prospective tenant, including sentences and other details. CCAP records also show evictions, charges, small claims court cases, traffic violations, and more. The landlords will use the basic information they are allowed to ask for on an application to search for you on CCAP: your full name and date of birth. 

To avoid confusion with people who share your first and last name, include your middle initial on the application. This may help to prevent associating your name with the criminal actions of other individuals with familiar names.

If you have a parole or probation officer, or you’re following other court orders (for example, drug court), tell the landlord when you apply. Some landlords are more willing to rent to people who are still under supervision.

Especially with the new guidance that prohibits blanket denials for convictions, landlords must take specific factors into account, so don't be afraid to make a case for yourself! 

Other Forms of Discrimination

If a landlord is checking criminal backgrounds and/or denying tenants because of criminal convictions, they should do it for everyone, or be able to give a non-discriminatory reason for checking some people and not others. Just because landlords in Wisconsin can choose between people based on criminal backgrounds does not mean they can discriminate on the basis of race, color, religion, gender, national origin, mental or physical disability, familial status (including pregnancy), age, sexual orientation, marital status, ancestry, lawful source of income, and being a victim of domestic violence. Dane County and Madison have even more protections.

If a landlord were to do a criminal background check only for people of one race, for instance, then checking criminal histories could end up being discriminatory. See Discrimination. 

Landlords Can Now Charge Out-of-State Applicants for Background Checks

If a prospective tenant is currently living out of state, a landlord can charge up to $25 for a background check in addition to a credit check fee. The tenant must be notified of the charge before it happens and the landlord must provide a copy of the report. However, tenants can continue to be charged by other prospective landlords even if the tenant has a recent report. Wis. Stat. 704.085(2), 2017 Wis. Act 317, Sec. 41. Eff. on or after 4/18/18. 2017 Wis. Act 317, Sec. 56.

Disclosing Your Own Background Information

It is much better to disclose your record than to let the landlord discover it in CCAP without any explanation from you. When you take responsibility for and are honest about disclosing your background, you can make a good impression and put a human face to your story.

You might want to write a short letter (one page or less) and make copies to attach to all of your applications. Or, if you’re meeting a landlord in person, plan out what you’re going to say ahead of time. 

Tips for writing a letter

Be polite, professional, and brief. You might mention one or two positive, personal details about yourself, such as community service, hobbies, or things you will enjoy doing around the neighborhood. 

Examples of Things To Say In A Letter

• “I’m writing to let you know that when you do a criminal background check, you will find the following charges: [list charges and dates.] I want to be honest with you about my past, which is very different from my present [add details] and my plans for the future [add details]. I think I will make a good tenant and I hope you will consider my application.” 
• You might also list: The time you have served, programs you participated in (counseling, drug court, anger management, treatment, etc.), and any positive examples like early release for good behavior or mitigating circumstances. 
• “If you have any questions or concerns please contact the following personal or professional references (including your probation or parole officer, if applicable): [List names, phone numbers, and addresses of personal or professional references.]” 
• Thank them for their time, then sign and print your name.  

Some sample letters are available here.

Tips For Using CCAP

• Look up your own record in CCAP before writing or talking to a landlord. That way you know what they’re going to see and can plan your response.
• Some landlords are not very careful when they search CCAP. If someone else with your name (or a similar name) has charges the landlord might mistake for yours, let them know. Point out that the other “Jane/John Doe” has a different birth date or middle initial, or if the charges were filed while you were incarcerated, or they live in a different county.
• Some landlords don’t look to see the results of a case. If charges against you have been dismissed, let the landlord know this and tell them they can confirm it in CCAP by checking the full record and case details. You can also print this out and enclose it with your letter and application. More information on how to find those details is here.

How To Check CCAP

1. Visit the website: www.wcca.wicourts.gov
2. Read the agreement and click “I Agree” to enter the website.
3. Enter your last name, first name, middle initial, and birth date, and click “Search.” Try it again without your initial and birth date to see who else shows up.
4. To see the details for a particular case, click on the case number. You may be required to click “View Case Details” on another screen summarizing the results of the case.
5. The case details will include the type of case, charges, and the names and addresses of the parties involved (where applicable). At the top of this screen, click the button for “Court Record Events” for more information.
6. For help understanding the court records, visit the main CCAP page and click the links at the bottom under “Court Terms.” 

Removing Civil Cases in CCAP

Unless a civil case is closed, confidential or sealed, a civil case may be removed from CCAP as follows:

1. If a writ (court order) has been issued in an eviction, the case can now be removed after 10 years have passed, or Stat. 758.20(2)(a), 2017 Wis. Act 317, Sec. 46.
2. If an eviction has been dismissed and there is no money judgment docketed, the case can be removed after 2 years. Stat. 758.20(2)(b), 2017 Wis. Act 317, Sec. 46. Eff. on or after 4/18/18. 2017 Wis. Act 317, Sec. 56.

These law changes do not apply to criminal cases, but it may help you with any old civil records that might also work against you.

How are Landlords allowed to use your criminal background in choosing whether to rent?

HUD released a memo in 2016, and the basic premise of that memo is this: In the US, African Americans and Hispanics are arrested, convicted and incarcerated at a rate disproportionate to the general population. ("Across all age groups, the imprisonment rates for African American males is almost six times greater than for White males, and for Hispanic males, it is over twice that for non-Hispanic White males.") Therefore, any policy that screens housing applicants based on their criminal history is likely to have a "disproportionate impact on minority homeseekers," even if the landlord had no intent to discriminate. (Disproportionate/disparate impact is a big deal in Fair Housing Law - it's the basis by which things can be legally classified as discriminatory.)

HUD sets out some pretty clear rules regarding what a policy must look like, if a landlord wishes to screen for criminal history. 

The criminal screening policy can't: 

• Deny all tenants with all kinds of criminal convictions.
• Deny tenants who have only been arrested, not convicted.
• Make any decisions to deny based on criminal history or make exceptions to criminal history denials based on race, or other protected classes. (That's illegal). For example, looking at the criminal history of only Hispanic applicants would be illegal. Or, allowing exceptions to a criminal history policy, but only to White applicants, would be illegal. 

The criminal screening policy should:

• Take into account how long ago the conviction was.
• Distinguish between how severe past crimes were, and what kinds of crimes they were.
• Have some kind of evidence-based justification for existing. Why does the landlord need the policy? What evidence contributed to establishing that need?

The criminal screening policy is allowed to:

• Look at individual circumstances for each applicant, if the landlord wants to give someone an exception to the policy (which would otherwise deny them). Note: exceptions can't be based on an applicant's membership in a protected class. 
• Deny potential tenants if they were convicted of the manufacture or distribution of drugs.
• Check other qualifications (i.e., credit scores, housing history) before addressing the criminal side of things.

How a Tenant Would Challenge a Discriminatory Screening Policy?

The big question is, how would this work? The HUD guidance seems to suggest these steps:

1. Apply. A tenant applies for housing. 
2. Get rejected. The landlord denies the tenant. 
3. Ask for the reason for rejection. (HUD didn't say this one - we put this step in.) It's a really good idea to put this in writing - either ask for a written rejection, or if you get a verbal one, write it down and send it (suggestions here for how to make that work). (NOTE: Both the City of Madison and Dane County have ordinances currently in their written code that say that a landlord needs to give reasons for denials of rental applications. However, 2013 Wis. Act 76 seems to have made that requirement illegal, so it's best not to take those ordinances at face value). 
4. If the landlord says it's because of criminal history, ask for their criminal history screening policy. (HUD didn't say this one - we put this step in.) Do this in writing. 
5. Challenge the policy as being discriminatory. Explain, in writing, that this policy doesn't conform to HUD's guidance on use of criminal records. Cite the exact line that says so, if you can. (Look at our landlord's guide to these rules for some specific quotes.)
6. Landlord responds to discrimination concerns, and explains why their policy is necessary. HUD says, "a housing provider must... be able to prove through reliable evidence that its policy or practice of making housing decisions based on criminal history actually assists in protecting resident safety and/or property."
7. Option A. If the landlord doesn't explain why the policy is necessary, (either they don't say anything, or their explanation doesn't meet the standard in #6), then to take further action, a Fair Housing complaint would need to be made. Look at our Discrimination page for information, or seek help from the Fair Housing Council.
   Option B. If the landlord does successfully explain why the policy is necessary, the policy can still be challenged by showing that the landlords could have had the same results with another policy that is less discriminatory. HUD says, "In the third step, the burden shifts back to the plaintiff or HUD to prove that such interest could be served by another practice that has a less discriminatory effect."

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References and Rental History

Even if your most recent rental history was many years ago, provide as much information as you can. If you don’t have contact information for previous landlords, use a roommate, an old neighbor, or another community member who can provide a reference.

Personal references are not usually required but many people with criminal backgrounds will provide them as extra information. This might be someone you know through a faith-based organization, a friend or teacher, or someone you met through Circles of Support or another re-entry program. They should not be a spouse or family member. You can either provide their contact information or include a letter of reference.

Remember: You still have rights.

When a landlord accepts you as a tenant, you have the same rights as any other tenant in Wisconsin. For more information, see Tenant Resource Center’s website on topics like repairs, landlord entry, security deposits, and eviction. Here are some laws that specifically apply to people with a criminal background:

• Sex Offenders: If the Department of Corrections approves it, you can live anywhere. No rules say whether landlords can or cannot rent to you, although some will not. If you are a registered sex offender, your landlord is NOT required to give this information to the other tenants or to prospective tenants unless they ask in writing about you specifically, and the landlord knows you are in the registry, otherwise, the landlord is only required to tell them they can look it up in the sex offender registry. Wis. Stat. 704.50
• Eviction: Your landlord CANNOT evict you just because another tenant feels threatened by you. They can only evict you under the Safe Housing Act if that tenant (or their children) is named in an injunction, criminal complaint, or condition of release against you. Wis. Stat. 704.16

Calling Police: Lease Provisions May Void Your Lease Agreement

In some neighborhoods, landlords are under pressure from the police and neighbors to cut down on police calls. Landlords may be threatened with violations of a chronic nuisance ordinance (MGO 25.09) if there are too many police calls. This has caused many landlords to put potentially illegal clauses in their leases. MGO 25.09, Wis. Stat. 704.44, ATCP violation effective 11/1/15, ATCP 134.08, CR 14-038, Section 11.

Wisconsin law says that a rental agreement is "void and unenforceable" if it allows a landlord to increase rent, decrease services, bring an action for eviction, refuse to renew, or to threaten any of these actions because a tenant has contacted law enforcement or emergency services for their safety. Wis. Stat. 704.44(1m), CR 14-038, Section 11. ATCP 134.08. ATCP violation effective 11/1/15. If this happens, the tenant can break their entire lease if they choose and they will no longer be responsible for that rental contract. A landlord, however, may not break a lease for this reason because they drafted the lease.  If the lease is not broken, that clause may not be enforced.

There have been several changes to the law about what language in a lease would make it illegal. The entire lease could be void and unenforceable if these clauses were in the lease. The clauses in the lease that could make the lease void are noted below.  A clause that:

• Allows the landlord to terminate the tenancy if a crime is committed in or on the rental property, even if the tenant could not have reasonably prevented the crime. Wis. Stat. 704.44(9), 2011 Wis. Act 143, Sec. 35m. This was only effective for leases entered into or renewed after 3/31/12 through 3/1/14.
• Allows the landlord to terminate the tenancy of a tenant based solely on the commission of a crime in or on the rental property, if the tenant or someone who lawfully resides with the tenant is the victim of that crime, as defined in Wis. Stat. 950.02(4). Wis. Stat. 704.44(9), 2013 Wis. Act 76, Sec. 25. Eff. for leases entered into or renewed on or after 3/1/14. ATCP violation effective 11/1/15, ATCP 134.08 (9). CR 14-038, Section 11.
• Allows the landlord to terminate the tenancy of a tenant for a crime committed in relation to the rental property and the rental agreement does not include the Notice of Domestic Abuse Protections required under Wis. Stat. 704.14. Wis. Stat. 704.44(10), 2013 Wis. Act 76, Sec. 26. Eff. for leases entered into or renewed on or after 3/1/14. ATCP violation effective 11/1/15, ATCP 134.08(10), CR 14-038, Section 11.

Tenants should not be afraid of being evicted for calling the police or emergency services for their own protection, or because there is criminal activity in the building or on the property which they (or their guests) did not cause!

However, while there are laws in place to protect you, if you are on probation or parole you may want to think carefully about the ramifications of calling the police and having them enter your apartment. If you are having ongoing issues at your residence you may want to talk to your probation or parole officer in advance about how to handle situations that might arise. Also, please read the next section for important news about evictions for suspected criminal activity by the tenant or their guests.

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Evictions for Suspected "Drug-Related" and Other Criminal Activity

As of 3/2/16, landlords can serve a 5-day eviction notice that does not give the tenant a chance to fix or "cure" the problem if they suspect that the tenant, a member of their household, or any guests or invitees, have engaged in:

• Criminal activity that threatens the health or safety of other tenants, people residing in the “immediate vicinity” of the premises, or the landlord or their agent or employee;
• Criminal activity that threatens the right to peaceful enjoyment of other tenants or people residing in the “immediate vicinity” of the premises; or
• “Drug-related criminal activity” on or near the premises. Wis. Stat. 704.17(3m)(b), 2015 Wis. Act 176, Section 25

“Drug-related criminal activity” is the manufacturing or distribution of a controlled substance that is not prescribed by a doctor for medical use by a disabled person. The disabled person can manufacture, use or possess this controlled substance and it can be in the possession of their personal care giver or worker. Wis. Stat. 704.17(3m)(a)1. & 2., 2015 Wis. Act 176, Section 25

The 5-day no cure notice must:

• Require the tenant to vacate on or before a date at least 5 days after the giving of the notice,
• State the reason for eviction,
• Include:
  • A description of the criminal activity of "drug-related criminal activity"
  • The date it took place
  • The identity or description of the individual(s) who engaged in the activity,
  • Advise tenant she/he may seek assistance of legal counsel, a volunteer legal clinic, or "a tenant resource center", and
  • State that the tenant has the right to contest the allegations in the notice before a court commissioner or judge if an eviction is filed. Wis. Stat. 704.17(3m)(b)1., 2015 Wis. Act 176, Section 25

The person engaging in the alleged criminal activity or "drug-related criminal activity" does not have to have been arrested or convicted for this activity in order for the landlord to issue a 5-day no-cure notice for a crime. Wis. Stat. 704.17(3m)(b)2., 2015 Wis. Act 176, Section 25

This process cannot be used against the person who was the victim of the crime. Wis. Stat. 704.17(3m)(c), 2015 Wis. Act 176, Section 25

If the tenant contests the eviction, the tenancy may not be terminated without proof by the landlord by the greater preponderance of the credible evidence of the allegations. Wis. Stat. 704.17(3m)(b)1., 2015 Wis. Act 176, Section 25

For important information about these notices, please see our page on Eviction!

Notes

• If leases contain processes that conflict with this law, the lease provisions are invalid unless it is a lease longer than a year. Wis. Stat. 704.17(5)(a) & (b), 2015 Wis. Act 176, Section 26 & 27
• The laws about criminal activity and “drug-related criminal activity” in Wis. Stat. 704.17(3m) and 704.19(2)(b)2. went into effect on March 2, 2016. 2015 Wis Act 176, Section 44, subsection 1
• The laws about leases and language related to criminal activity in Wis. Stat. 704.17(5)(b) go into effect for all leases entered into or renewed as of March 2, 2016. 2015 Wis Act 176, Section 44, subsection 2
• Wis. Stat. 704.44 Language that makes a lease void and unenforceable was not changed.  Leases that contain the following provisions would be void and unenforceable. A provision that:
  •  Allows the landlord to terminate the tenancy of a tenant based solely on the commission of a crime in or on the rental property if the tenant, or someone who lawfully resides with the tenant, is the victim, as defined in s. 950.02 (4), of that crime.
  •  Allows the landlord to terminate the tenancy of a tenant for a crime committed in relation to the rental property and the rental agreement does not include the notice required under s. 704.14.

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Contesting a 5-day No Cure Eviction for Criminal Activity based on the 2016 HUD Memo

Giving a 5-day notice with no right to cure because of "criminal activity" seems to contradict some components of the 2016 HUD guidance, which says that any policy using criminal records can't be based solely on arrests, and must take into account the kind of crime, severity of the crime, and time since it happened. The memo says, "this guidance addresses how the discriminatory effects and disparate treatment methods of proof apply in Fair Housing Act cases in which a housing provider justifies an adverse housing action – such as a refusal to rent or renew a lease – based on an individual’s criminal history." This is still relatively untested, as far as discrimination cases go, but it looks like if a landlord wanted to evict someone based on "criminal activity," that landlord would need to follow some of the same rules put forth in the HUD document before they could "exclude" that tenant from housing.

A tenant challenging an eviction notice based on these HUD laws would probably do well to follow similar steps to those above:

1. Receive a 5-day notice with no right to cure for criminal activity. Before jumping in to argue the discriminatory impact of that notice, it seems like a good idea to check if it's a legal notice. You can check the law, but here are the basics. As stated above, according to Wis. Stat. 704.17(3m)(b)1., a 5-day no-cure notice for criminal activity must:
   • Require the tenant to vacate on or before a date at least 5 days after the giving of the notice,
   • State the reason for eviction, including:
       - a description of the criminal activity or “drug-related criminal activity,”
       - the date it took place, and
       - the identity or description of the individual(s) who engaged in the activity,
   • Advise tenant she/he may seek assistance of legal counsel, a volunteer legal clinic, or “a tenant resource center,” and
   • State that the tenant has the right to contest the allegations in the notice before a court commissioner or judge if an eviction is filed.
2. Dispute that notice, in writing. This is standard for what we recommend. You'd probably want to follow one of these three methods:
   • Dispute the notice. Explain why it didn't follow the criteria stated in the law.
   • Dispute the criminal activity. Since this is a no-cure notice, your only real grounds for dispute here is saying that the criminal activity didn't occur.
   • Dispute the notice based on this HUD document. Ask for a written policy describing under what circumstances they use criminal activity eviction notices.
3. Argue your case in court. More about Small Claims Court is here, and more about the general eviction process is here. Keep in mind:
   • A landlord's evidence-based justification for the policy might be that a crime occurred that threatened the safety of residents. If this is true, they don't need to prove it in criminal court.They only need to prove that it reasonably happened in Small Claims Court, where the burden of proof is lower (only 51%, compared to criminal court's 100%, "beyond a shadow of a doubt").  The penalty is also less extreme (losing housing vs. going to jail). 
   • If your case is being heard at the "return date" or "initial court hearing" or "joinder conference," you always have the right to ask for a trial in front of a judge on a different day. If your case was decided by a court commissioner, you can ask for a do-over right away, and ask that the case be heard by a judge.
   • It is illegal for a landlord to choose to evict only certain residents for criminal activity when that decision to evict is different based only on protected classes: race, gender, age, family status, and so many more.

You might want some help with this! Here is our attorney referral list.

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“...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... making a good faith complaint about a defect in the premises... complaining to the landlord about a violation of s. 704.07 or a local housing code... exercising a legal right relating to residential tenancies.”

- From Wisconsin Statute 704.45, "Retaliatory Conduct Prohibited"

Has Your Landlord Retaliated Against You for Exercising Your Tenant Rights?

Have you ever had someone treat you badly after you told them something they didn’t want to hear, or after you reported them to an authority (such as their manager) for doing something wrong? This is a form of punishment called “retaliation.” While it may seem obvious to you when you are being retaliated against, it can be difficult to prove.

No one is perfect, and most people don’t enjoy being told when they’re doing something wrong, or that they’re not doing something they’re supposed to do. Even so, most landlords are reasonable professionals who are willing to do their part to solve problems identified by their tenants.

But sometimes, a landlord will refuse to have a conversation with their tenant, or break promises they’ve made (such as making repairs, or preventing dangerous activity on their property). Other times, a landlord may simply be confused about what their responsibilities are under the law. In these situations, a tenant may have to clearly point out their rights to their landlord, or even report their landlord to a higher authority (such as their local Building Inspector).

Unfortunately, it is not uncommon for landlords to retaliate against tenants who point out their rights, or who involve the authorities when they need help.

The law protects tenants from landlords who retaliate against them for trying to use their rights. The legislature, courts, and the Department of Agriculture, Trade and Consumer Protection have all created protections recognizing that no matter which tenant rights are recognized by law, tenants must be free from fear of retaliation if their rights are to mean anything in the real world.

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Illegal retaliation has three major parts:

1. Did the Tenant Exercise or Try to Exercise a Tenant Right?

The first sign that a landlord's action may be illegal retaliation is when it happens after a tenant exercises their tenant rights. The tenant does not need to finish exercising the right (for example, by taking the landlord to court or filing a complaint): sometimes the tenant could have simply asserted the right or tried to use it (for example, by asking the landlord to follow the laws).

Tenant rights include many things:

• Demanding required or promised repairs (Madison and Fitchburg or Wisconsin)
• Calling the building inspector
• Demanding the landlord only enter for purposes allowed by landlord regulations
• Refusing landlord entry without proper notice
• Filing a complaint with Consumer Protection or filing a lawsuit against their building’s management
• Having a guest under reasonable circumstances, due to the tenant's right to "exclusive possession of the premises" and freedom from total restrictions on guests
• Refusing to allow the landlord to change substantial rules in the middle of the lease
• Demanding an end to discrimination (for example, a Black tenant demanding an air condition since one was provided to all white tenants, but none to Black tenants)
• Demanding the landlord protect the tenant's right to peaceful enjoyment by warning or evicting a noisy neighbor
• Asserting or attempting to exercise any tenant right from a lease, statute, ordinance, administrative code, or court decision
• Or, enforcing many other rights not listed above!

Always Keep a Paper Trail

Even if the landlord and tenant both know that the tenant asserted a right, the problem may be documenting it. When tenants have a concern (for example, about repairs), they should never simply talk to the landlord on the phone or in person: tenants should follow up in writing and keep a copy of the letter or e-mail. Also, if tenants file a complaint with a building inspector, Consumer Protection, or another agency, they should get a copy of the report as soon as possible, and keep that copy for themselves. Whenever a landlord replies to a tenant's complaint, they should always do this in writing to document that they are following the law.

2. Did The Landlord Commit a Retaliatory Action?

Some things landlords do to retaliate are not illegal, like being rude to their tenants or talking about them to the neighbors. Only the following actions qualify as illegal retaliation, if the situation meets all the other criteria.

Prohibited Retaliatory Acts Under Wisconsin Statute 704.45

• Raising the rent
• Decreasing the services available to the tenant
• Filing an eviction action in court
  • Tenants who are also behind on rent or breaking other rules in the lease cannot use retaliation as a defense, unless the landlord's reason for eviction is itself a form of retaliation (for example, if the tenant refused to pay a retaliatory increase in rent)
• Refusing to renew the lease
• Threatening to do any of the above

Prohibited Retaliatory Acts Under the Wisconsin Administrative Code ATCP 134.09(5) and Madison General Ordinances 32.12(4) & 32.15

• Terminating a tenancy
• Giving notice to stop an automatic renewal of a lease
• Constructively evicting a tenant by reducing heat, water, or electricity (this is illegal, even if not retaliatory, see Eviction for more information)

An additional retaliatory act prohibited in only the City of Madison is reporting the tenant to law enforcement authorities as having unlawfully entered or immigrated into the United States in order to retaliate against the tenant for having exercised their rights as a tenant, regardless of the validity of such a report. MGO 32.12(4)

3. Did the Landlord Do This Because the Tenant Asserted, Exercised or Tried to Exercise a Tenant Right?

This is the final piece of retaliation. Each regulation has a different level of proof required for the act to be considered illegal, as well as different penalties if a landlord is found to have illegally retaliated against a tenant:

Proof Needed for Violations of Wisconsin Statute 704.45

The tenant must only show that it is more likely than not that the landlord would not have done the action "but for" the tenant exercising a tenant right. While the landlord could have other legitimate reasons for acting (such as filing for eviction), the retaliation is still illegal if the landlord would not have retaliated except that the tenant exercised their rights.

Wis. Stat. 704.45 protects tenants who have actually exercised a right (for example, reporting their landlord to the building inspector), and faced illegal retaliation as a result. It does not apply to tenants who assert their rights to their landlord, but who take no further action. It also provides absolutely no protection against eviction if tenants are behind in their rent (except if the rent not paid is due to a retaliatory rent increase). This law also provides absolutely no protection for tenants making complaints about defects or damages which they caused themselves through negligence or improper use.

If a landlord’s illegal retaliation under chapter 704 costs you money, you can sue them in Small Claims Court to recover the money you lost.

Proof Needed for Wisconsin Administrative Code ATCP 134.09(5)

Like Wis. Stat. 704.45, the Consumer Protection code protects tenants who actually exercise a right. Unlike the state statutes, it also protects tenants who "asserted, or attempted to assert any right."

ATCP 134.09(5) has a slightly different list of tenant rights and prohibited actions (see above).

Tenants can file a complaint with Consumer Protection and/or sue in small claims court for double damages, court costs and reasonable attorney fees. ATCP 134.09(5)

Proof Needed for Dikhut v. Norton (1970)

Dikhut v. Norton is a court decision that protects a tenant's right to use a "public policy" like the building code. The case can protect tenants asserting or attempting to use a public policy (unlike Wis. Stat. 704.45) and can protect tenants not covered by the Consumer Protection (ATCP) code.

The case requires a strong level of proof: the assertion, use, or attempted use of public policy must be the only reason for the landlord's eviction or harassment.

Proof Needed for Madison General Ordinances 32.12(4) & 32.15

City of Madison residents have the same protections they do under the Consumer Protection regulations, but the burden of proof is put on the landlord, meaning a landlord has to show they weren't retaliating, or the tenant will win.

If the matter goes to court, tenants can cite MGO 32.15, which requires the court to "presume" the landlord is retaliating if the landlord's act occurred within six months after the tenant made a complaint to city authorities.

City of Madison police can issue fines from $60 to $600 for a limited number of violations (removing doors and windows, confiscating property, entering property without notice, failure to provide a rent credit or return a security deposit).

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Responding to Landlord Retaliation

Tenants who believe they are being retaliated against should do the following:

1. Document what is going on. Tenants should write a letter to the landlord that documents that the act is retaliatory. For example, "As you know, I asked you last week to stop entering without proper notice. Today, you have given me a nonrenewal notice. You should be aware that your nonrenewal is invalid and illegal under Wisconsin Statute 704.45 and ATCP 134.09(5). I intend to renew and expect you to rescind this notice and remove it from my file. I know my rights to file a complaint or sue for my damages." 
2. Contact an agency. If the landlord does not quickly take back the retaliation in writing, tenants should send a copy of their letter to Consumer Protection or call them toll-free at (800) 422-7128. Tenants in cities like Madison should also forward their complaint to the building inspector, police department, and City Attorney. Agencies may warn the landlord to stop their threats or harassment, or even prosecute if the landlord has violated regulations before.
3. Gather evidence. If the act(s) occurred after the tenant called the inspector, police, or other agency, the tenant should get a copy of that report for their records. If the landlord sues to evict them, the tenant can bring the report, any letters, a timeline of the issue, and any other evidence or witnesses, plus copies of the laws, and ask that the eviction be dismissed. Under the new laws, it is extra important to have copies of these laws at the first court date, since the court will only schedule a trial if the tenant raises "valid legal grounds." Wis. Stat. 799.206(3)), 2017 Wis. Act 317, Sec. 49, Effective 4/18/18. The tenant may also want to bring any evidence they have to the initial hearing.
4. Bring it to a judge. If the landlord's retaliation has cost you money, you can sue for any related damages. Violations of Consumer Protection laws require mandatory double damages plus court costs and attorney's fees.

If the landlord is threatening an eviction suit, the tenant can write back explaining they know they cannot be evicted in retaliation for exercising their rights. If it goes to court, the tenant can bring a copy of the letter and other evidence for the judge to see. Unfortunately, the tenant has to fight the retaliation with their housing on the line. Attorneys are not required in small claims court or eviction cases, but tenants may want to contact a qualified Wisconsin housing attorney. For more information, see Eviction.

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What is considered tenant property:

Anything that is owned or purchased by the tenant is considered tenant property. This includes things stored in shared spaces such as the garage, attic, basement, yard, or porch. 

What landlords can do to tenant's property:

In most cases, the landlord cannot take a tenant's property or even things they think are a tenant's trash. However, there are some exceptions, depending on whether the tenant is still living in the apartment, is being evicted, or has already left the apartment. Information on what can happen to a tenant's property is listed below. 

*Note on medications or medical equipment: A landlord cannot seize prescription medications or medical equipment. Suppose a tenant moves out or is evicted and leaves these items behind. In that case, the landlord must always store them for at least seven days and return them promptly when the tenant asks, no matter what. Wis. Stats. 704.05(am).

If the tenant is still living in the apartment: A landlord cannot take a tenant's property while the tenant is living in the apartment except for the following reasons:

• Landlord Lien: A landlord lien is when a landlord takes possession of a tenant's property as collateral until a tenant pays a bill. If the bill remains unpaid, the landlord can keep the property as payment. This can only happen if it was included as a nonstandard rental provision as a part of the lease when the tenant signed it. Per Wis. Stats. 704.11, ATCP 134.09(4), the landlord lien must also be on a separate piece of paper when signing the lease. Otherwise, it is void.

• Unauthorized parked vehicles: A landlord can tow an unauthorized vehicle from the rental property, which means any vehicle besides the one the tenant owns. What the landlord can do will depend on whether they post a sign prohibiting unauthorized vehicles:
  • If they properly post a sign, the landlord can immediately tow unauthorized vehicles at the owner's expense without notice or having them ticketed. This can include vehicles such as a visiting friend's car. Wis. Stats. 349.13(3m)(c), 2013 Wis. Act 76, Sec. 6. 
  • If they don't correctly post a sign, the landlord must have the vehicle ticketed before towing at the owner's expense. Wis. Stats. 349.13(3m)(d), 2013 Wis. Act 76, Sec. 5.

Tip for tenants: If there is going to be a different vehicle than usual parking in a tenant's spot, then to avoid getting towed, the tenant should immediately give the landlord a detailed description of the vehicle in writing. 

If the tenant is being evicted (day of eviction):

Any policies about property left behind regarding moving out also apply if a tenant is being evicted. In this case, if the landlord wrote in the lease that they won't move and store any property left behind after a tenant moves out, they can remove the property however they want to. They can throw it out, sell it, donate it, etc. A sheriff may be present when the landlord removes any property during an eviction. However, it is optional if the landlord notifies the sheriff beforehand that the landlord will remove the property themselves. The landlord must follow anything they wrote in the lease regarding property left behind, and the landlord can only change the agreement in the middle of the lease term with the tenant's permission.

Tip for tenants: After an eviction notice, the tenant has a certain amount of time before a sheriff can be called to enforce an eviction. In that period between the notice and getting evicted, the tenant is still legally living at the apartment, so the landlord cannot seize tenant property unless there is a nonstandard rental provision, such as a landlord lien. The exceptions in the above paragraph on "if the tenant is still living in the apartment" apply to this situation. 

If the tenant's lease is over:

Suppose the landlord wrote in the lease that they wouldn't move or store property left behind after a tenant's lease ends. In that case, the landlord can remove the property however they want to and dispose of it, sell it, or donate it as they see fit. Whatever the landlord wrote in the lease about storing property left behind cannot be changed in the middle of a lease without the tenant's permission. If the lease does not say anything about property left behind, then the landlord must move or store the tenant’s belongings, even if they think they are trash. They must notify the tenant of the location where the belongings are being stored within 7 days of move-out, and/or give 30 days’ notice if they are planning to dispose of the tenant’s belongings.

What landlords can do to property in shared spaces:

• If tenant property violates lease rules: In many leases, the landlord will have rules about tenant property not being allowed in hallways/porches/backyards because these items can block passageways or otherwise be fire hazards. However, even if the tenant's property violates one of these safety rules, the landlord cannot take the tenant's property. They must notify the tenant in writing that they should move their property and state that they will be fined if the tenant does not. An example letter is here.

• If tenant property needs to be moved temporarily: If the landlord wants to move a tenant's property temporarily, such as for a pest control treatment, or is under orders from a building/fire/public health inspector, the landlord can't touch the property and must notify the tenant in writing to move their property. If the tenant does not do so, the tenant can be fined. 

• A landlord can temporarily move the tenant's property if it is an emergency. However, they must inform the tenant where the property is stored. 

Tenant-installed fixtures:

• While living at the apartment: A tenant can install a fixture but must get permission from the landlord, ideally in writing. This can be shelving, a ceiling fan, or an air-conditioning unit. While the tenant lives in the apartment, the tenant-installed fixture, even in a shared space, is considered the tenant's property, even if the landlord did not approve it. If the tenant installs fixtures and the landlord does not want them, then the landlord can remove the fixture and charge the tenant the cost of removing the fixture. However, the landlord cannot keep the fixture, such as an air conditioning unit, and must return it to the tenant. 

• After moving out: If the tenant installed a fixture and leaves it behind when they move out, that fixture becomes the landlord's property. Suppose the landlord does not approve the fixture installation. In that case, they may charge the tenant for removing the fixture and restoring the property to its former condition. 

What to do if a landlord takes property illegally:

A tenant can take the following actions depending on the situation:

• The tenant can write a letter to the landlord to ask them to return the property or give the tenant access to it. The letter can include the relevant statutes and ordinances and a deadline for the property's return.
• The tenant can call the police or sheriff to report an illegal eviction. An example would be if the landlord does not have an eviction court order but acts like they are evicting the tenant and throws the tenant's things away (or threatens to throw them away). Without the assistance of the sheriff.  ATCP 134.09(7), Wis. Stats. 799.45(3m), 2013 Wis. Act 76, Sec. 40 - 57 (3/1/14)
• File a complaint with Consumer Protection online or call (800) 422-7128.
• File in small claims court for either a replevin (return of property) or money damages case. For example, if the landlord took a couch off a porch and refused to return it. For more information, contact the TRC for a connection to an attorney.

What to do with property left behind by trespassers:

What defines a trespasser: A trespasser is not a tenant (they have never paid rent and are not on the lease). Still, unlike a guest, a trespasser is there without the permission of either the tenant or the landlord. "Criminal trespassing" is when someone intentionally enters or remains in a dwelling without permission of another person who is allowed to be on the property and creates a disturbance or breach of peace.

If a trespasser is removed, what should a landlord do with their property: 

Landlords have to hold the property of a trespasser for seven days from the date the landlord finds the property. After that, landlords can get rid of it in any way they find appropriate unless the trespasser requests it before the landlord disposes it. Wis. Stat 704.055(2)(a), 2015 Wis. Act 176, Sec. 21.

Suppose a landlord gets rid of the property via private or public sale. In that case, the landlord may send the sale proceeds minus any sale costs and storage costs to the Department of Administration for homeless programs. Wis. Stat. 704.055(2)(b), 2015 Wis. Act 176, Sec. 21.

For landlords: Third parties and trespasser property left behind: 

Creditors and others with an ownership or financing interest in the property (liens, etc.) may claim the property at any time before the landlord disposes of it. Suppose there is a contract to dispose of the property. In that case, the third party pays the landlord's expenses for disposing of the property. Wis. Stat. 704.055(3), 2015 Wis. Act 176, Sec. 21.

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