# Wisconsin Eviction Notices: 5 Days, 14 Days, or 30

Source: https://legacylegalai.com/guides/wisconsin-eviction-notice-rules

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.

**Self-help and legal-information notice:** Legacy Legal AI is not a law firm and does not provide legal advice. This article provides general information about Wisconsin law, not advice for your situation, and is not a substitute for the advice or services of a licensed Wisconsin attorney.

## 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.