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Services

Evictions

WHAT IS AN EVICTION?
An eviction is the removal of a tenant by the landlord from a rental property, when the tenant seriously violates the lease or rental agreement.

IN WISCONSIN A TENANT CAN ONLY BE EVICTED BY A COURT ORDER ISSUED BY A JUDGE

TYPES OF NOTICES AND SELECTING THE PROPER NOTICE
All eviction actions begin with a properly served notice to vacate. In Wisconsin the notices typically used are 5, 14, and 30 day notices.

5-day Pay or Quit Notice with Right to Cure
5-day Notice for Non-Rent Violation with Right to Cure
5-day with No Right to Cure
14-day notice with No Right to Cure
30-day Pay or Quit Notice with Right to Cure

According to Wis. Stats. 704.17 & 704.21, all eviction notices must:
Be in writing.
State the number of days the person has to take action.
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.
State whether the rent is due (should include the amount) and/or the lease clause that the landlord believes has been broken.

METHODS OF SERVING THE NOTICE
Personal delivery to someone at the premises- must be an occupant of the residence over the age of 14.
Service by certified mail
Service by securely posted notice
Service by the Shawano County Sheriff’s Office ($50 charge per attempt plus mileage)

COURT ACTION AFTER THE NOTICE
After the expiration of the notice, the first step is to contact the Shawano County Clerk of Courts Office to obtain a Summons and Complaint for Eviction. There will be a filing fee for this and a court date with the judge will be scheduled. This action will need to be served by a third party, who is not a party to the action and is at least 18 years of age and a resident of the State of Wisconsin. The Summons and Complaint must be served no less than 5 days before the court date.

Private paper servers or the Shawano County Sheriff’s Office may also be used for service of this action. You need to obtain the certificate of service and bring this with you to the court date.

AFTER COURT
If the Court ruled in the landlord’s favor for the eviction, the landlord will be given an “Order” for a Writ of Restitution. The Writ of Restitution can be obtained at the Shawano County Clerk of Courts Office.

The Writ is directing the Sheriff’s Office to remove or supervise the removal of the defendant and property from the residence listed any time within 10 business days of receipt of the Writ. The landlord should provide the Sheriff’s Office with a copy of any written lease. ($80 charge plus mileage)

WHAT HAPPENS TO THE PROPERTY?
For evictions filed before 3/1/14 the landlord must arrange with the Sheriff to move and store any property left behind. A Bond of Indemnity must be provided to the Sheriff’s Office by the landlord. The Sheriff can decide if the property is trash. The Sheriff’s Office must tell the tenant within 10 days where the property is being stored and the costs of getting it back. The property will be stored for 30 days before disposal.

For evictions filed on or after 3/1/14, Wis. Stat. 799.45(3m) will apply. If the lease states that the landlord will not move and store property left behind, they can do anything they want with the property during an eviction. If the lease does not say anything about property left behind, the landlord has to follow the rules listed above for evictions before 3/1/14.





Contact numbers Shawano County Clerk of Courts – (715) 526-9347
Shawano County Sheriff’s Office – (715) 526-7905
Tenant Resource Center – (608) 257-2799
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311 N. Main St., Shawano, WI 54166-8724 • (715) 526-9135
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