An eviction is a case to remove tenants from rental property and claim the money owed in rent and damages, regardless of the amount claimed. Tenants who pay partial rent, no rent, or late rent (even one day late) put themselves at risk of eviction, as do tenants who break the rules or terms of the rental agreement or cause damage.
If a tenant refuses to leave the premises after their tenancy has been terminated, a landlord may start an eviction action. The tenant(s) will be served a summons and complaint. This is their notice to appear in court, it does not mean they are evicted. In court, the judge asks tenant(s) and the landlord to explain their sides and then will make a decision about the eviction.
If you receive a summons for eviction, seek the help of a legal aid service (look up LEGAL AID in the yellow pages of your phone book) or consult with a private attorney (call the State Bar of Wisconsin Lawyer Referral Service 800-362-9082 or 608-257-4666.)
The landlord may not confiscate personal belongings, turn off utilities, lock tenant(s) out of their apartments, or use force to remove them.
If the Judge rules in the landlord's favor, the Judge may issue a Writ of Eviction (a court order) requiring tenant(s) to leave the property. If they don't, the Sheriff’s Department may remove them and their belongings from the premises. The Sheriff’s Department will post a 48 hour Notice to Vacate before moving a tenant from the property. If the court determines that the tenant has wrongfully overstayed, the landlord may be awarded twice the amount of rent, prorated on a daily basis, for each day they unlawfully occupied the premises.
The Wisconsin Department of Agriculture, Trade, and Consumer Protection publishes the Wisconsin Way: A Landlord/Tenant Handbook for more information.
The Wisconsin Way Handbook:
Small Claims Evictions are heard most Monday Mornings by the sitting Civil Judges.
Please note when filing for a Small Claims Eviction, the following is required:
Basic Steps for Handling Small Claims for Eviction:
The Wisconsin Court System has developed an interactive website to help complete small claims forms. The self-help small claims Web site, is designed to guide you through the process of filing a small claims legal claim. By answering a number of questions, this website will help choose and complete the forms you need to file a small claims case.
My Forms Website: