Wisconsin does not have one eviction notice. Wis. Stat. 704.17 sets the period from two facts: what kind of tenancy this is, and whether you already gave this tenant a rent-default notice within the past twelve months. Those two answers decide whether the tenant gets five days with a chance to pay, fourteen days with no chance to pay, or thirty days.
The three periods
For a month-to-month or other periodic tenancy, and for a written lease of one year or less, a first nonpayment default gets a five-day notice with the right to pay and stay. If you already served a rent-default notice on that tenant earlier in the same year, the second one is a fourteen-day notice with no right to cure.
A written lease for more than one year is different: at least thirty days, and the tenant may cure. There is no fourteen-day shortcut there, so a prior default does not shorten it.
- Periodic tenancy, first default: 5 days, tenant may pay and stay.
- Lease of one year or less, first default: 5 days, tenant may pay and stay.
- Either of the above, repeat default within twelve months: 14 days, no right to cure.
- Lease longer than one year: 30 days, tenant may cure.
The tenancy type comes from the lease, not from how long they've lived there
Check the written lease. A tenant who has occupied the property for six years under a series of one-year leases is on a lease of one year or less, not a lease of more than one year. The term stated in the document controls.
Service under Wis. Stat. 704.21
Wisconsin allows personal delivery to the tenant, leaving a copy with a competent family member at least fourteen years old, certified or registered mail, and — only if other methods have failed — posting on the premises. Posting has additional conditions and is a last resort.
Keep proof of the date and method. The notice period runs from the giving of the notice.
ATCP 134 sits on top of Chapter 704
Wisconsin's Administrative Code chapter ATCP 134 adds requirements for residential rentals beyond the statutes — on rental agreements, security deposits, disclosures, and practices. Violations can carry double damages plus fees.
A notice that satisfies 704.17 can still land a landlord in trouble under ATCP 134. If you rent residential property in Wisconsin and have not read it, that is the next thing to do.
Frequently Asked Questions
How do I know if it's a 5-day or a 14-day notice?
Five days if this is the tenant's first rent default in the past twelve months on a periodic tenancy or a lease of a year or less. Fourteen days, with no right to pay, if you already gave a rent-default notice within that year.
Does a prior default shorten the 30-day notice?
No. Wis. Stat. 704.17(3) has no repeat-default shortcut for a lease longer than one year. It stays thirty days with a right to cure.
Can I post the notice on the door?
Only as a last resort, after other methods have failed, and with additional conditions. Personal delivery or certified mail is the safer route.
What is ATCP 134?
Wisconsin's residential rental practices code. It adds requirements beyond Chapter 704 and carries double damages for violations, so it is worth reading before serving anything.