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General information — not legal advice EvictServe is not a law firm and does not provide legal advice, legal representation, or opinions on how any statute applies to your tenancy. The summary below is compiled from public sources for informational purposes only. Wisconsin is unusual in that the notice period turns first on what kind of tenancy you have — the same unpaid rent can call for a 5-day, 14-day, or 30-day notice depending on the lease term. Statutes, administrative rules under ATCP 134, and local ordinances change; figures and citations here may be out of date. Verify the current statute with a primary source and, for any contested or non-routine matter, consult a Wisconsin-licensed landlord-tenant attorney.
Wisconsin · Information updated September 2026

Eviction Notice Information for Wisconsin Landlords

Most sources describe Wisconsin as a "5-day notice state." That is only the beginning of the answer. Wis. Stat. § 704.17 sets out three separate regimes — one for month-to-month and week-to-week tenants, one for leases of a year or less, and one for leases longer than a year — and a repeat default can convert a curable 5-day notice into a 14-day notice to vacate with no right to cure at all.

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5
Days — Pay or Vacate
14
Days — Repeat Default
30
Days — Lease Over 1 Year

Wisconsin notice periods at a glance

The table paraphrases commonly cited residential notice periods under Wis. Stat. § 704.17. It is background information, not a determination that any of these applies to your tenancy. Read the tenancy-type column first — in Wisconsin it does more work than the reason for the notice does.

Tenancy typeSituationNotice the statute describesCitation
Month-to-month or week-to-weekRent unpaid when dueAt least 5 days to pay rent or vacate; alternatively, while the tenant is in default, a notice to vacate at least 14 days out (month-to-month)§ 704.17(1p)(a)
Month-to-monthBreach other than rentAt least 5 days to remedy or vacate — or, at the landlord's option, a notice to vacate at least 14 days out§ 704.17(1p)(b)
Lease of one year or less, or year-to-yearRent unpaid when dueAt least 5 days to pay rent or vacate§ 704.17(2)(a)
Lease of one year or less, or year-to-yearSecond rent default within one year of a prior default for which notice was givenNotice to vacate at least 14 days out, described without a right to cure§ 704.17(2)(a)
Lease of one year or less, or year-to-yearWaste or breach other than rentAt least 5 days to remedy or vacate; repeat within one year, notice to vacate at least 14 days out§ 704.17(2)(b)
Lease for more than one yearUnpaid rent, waste, or other breachAt least 30 days to pay, repair, or otherwise comply§ 704.17(3)(a)
AnyCriminal activity or drug-related criminal activity as defined in the subsectionNotice to vacate at least 5 days out, described without an opportunity to remedy, with specific content requirements§ 704.17(3m)
Periodic tenancy (no cause)Ending the tenancyAt least 28 days' written notice; shorter where rent is payable more often than monthly; 90 days for agricultural year-to-year§ 704.19(3)

The 5-day / 14-day distinction — the part that trips landlords up

A Wisconsin 5-day notice is a cure notice: it gives the tenant a chance to pay or fix the problem and stay. A 14-day notice to vacate, as § 704.17 describes it, is not. Published text of subsections (1p)(a), (2)(a), and (2)(b) frames the 14-day notice as terminating the tenancy without an opportunity to remedy — available where the tenant has already defaulted once within the preceding year after receiving a notice, and available to month-to-month landlords as an alternative to the 5-day route.

Two consequences follow, and neither is intuitive:

  1. Sending the wrong one is not a harmless error. A 14-day notice to vacate where the statute contemplates a curable 5-day notice, or a 5-day notice where the tenant's history would have supported the 14-day route, changes what the tenancy is and what the tenant may do about it. Which one your facts support is a legal question.
  2. Accepting rent after a notice matters. Subsection (2)(a) speaks directly to the tenant who pays on or before the specified date, or is permitted to remain in possession contrary to the notice — and treats that history as the trigger for the later 14-day route. Landlords who routinely accept late rent should understand how that pattern is being recorded.

What counts as "rent"

Subsection (1g) defines "rent," for purposes of § 704.17, to include rent that is past due and any late fees owed for rent that is past due. Whether a particular charge on your ledger falls inside that definition is not something we can tell you.

If the amount on the notice is wrong

Subsection (4m) addresses a situation most state statutes leave to case law: a notice for failure to pay rent that states an incorrect amount is described as valid unless the landlord's statement of the amount due is intentionally incorrect, or the tenant paid or tendered payment of the amount the tenant believes to be due. This is a meaningful protection and also a meaningful limit — it does not make arithmetic optional, and it does not apply if the tenant tenders what they think is owed.

How § 704.21 says a landlord's notice may be given

Section 704.17(4) requires notice in writing, given as specified in § 704.21. As published, § 704.21(1) lists five methods for notice by a landlord:

Two features of this list are worth noticing. First, Wisconsin names certified mail as a standalone method — the posting and leave-with-an-occupant routes both require a mailed copy as well, but the mail route does not require posting. Second, § 704.21(5) provides that if notice is not properly given by one of the listed methods but is actually received, it is deemed properly given — with the burden on the party alleging actual receipt to prove it by clear and convincing evidence. That is a demanding standard, and it is the reason documentation is not a formality here.

On counting the days. Section 704.19(7), which governs notices under that section, treats a mailed notice as given on the 2nd day after mailing for an in-state address and the 5th day after mailing otherwise. How that counting rule interacts with the day counts in § 704.17 is a legal question we are not in a position to answer. The practical takeaway: build in mailing time, and do not assume the clock starts the moment you hand the envelope to USPS.
What EvictServe does: we format a notice using customer-supplied facts and deliver it one of two ways. Certified Mail — printed and deposited with USPS with full tracking, $49.99, typically 4–9 business days. Hand Delivery — a courier attends the property and returns photo and GPS proof of delivery, from $99.98 (extended area $139.98), typically 1–2 business days. We are not process servers and do not provide a server's affidavit. We do not decide whether your tenancy falls under § 704.17(1p), (2), or (3), whether a 5-day or 14-day notice fits your facts, or which § 704.21 method your situation calls for. Proof or your money back — you receive the tracking number, a Mailing Record, and a pre-filled Certificate of Service, or a full refund.

Frequently asked questions

How many days is an eviction notice in Wisconsin?

It depends on the tenancy, not just the reason. For a month-to-month tenant or a tenant under a lease of one year or less, § 704.17 describes at least 5 days to pay rent or vacate. Where the tenant defaulted once before within the past year after receiving a notice, the statute describes a notice to vacate at least 14 days out with no cure period. For a lease longer than one year, it describes at least 30 days to comply. Ending a periodic tenancy without cause is at least 28 days under § 704.19(3).

What is the difference between a 5-day and a 14-day notice in Wisconsin?

The 5-day notice gives the tenant an opportunity to cure — pay the rent or fix the breach — and remain. The 14-day notice to vacate, as § 704.17 describes it, terminates the tenancy without that opportunity. The statute makes the 14-day route available in specific circumstances, principally a repeat default within one year, and to month-to-month landlords as an alternative. Which applies to you is a legal determination.

Can I send a Wisconsin eviction notice by certified mail?

Section 704.21(1)(d), as published, lists mailing a copy by registered or certified mail to the tenant's last-known address among the methods for notice by a landlord. Whether that method is the right choice in your matter, and how the day count runs from mailing, are questions for you and your attorney — we provide the mailing and the record of it, not the legal judgment.

Does my lease override § 704.17?

Subsection (5)(a) provides that lease provisions for termination contrary to § 704.17 are invalid except in leases for more than one year, and (5)(b) provides that provisions contrary to the criminal-activity subsection (3m) are invalid in any lease. So a short-term lease generally cannot shorten these periods, while a long-term lease may have more room. Read your lease against the current statute.

What about the notice for criminal or drug-related activity?

Subsection (3m) describes a notice to vacate at least 5 days out, without an opportunity to remedy, and imposes content requirements the other subsections do not: the basis for issuance, a description of the activity, the date, the identity or description of the individuals involved, advice that the tenant may seek the assistance of legal counsel, a volunteer legal clinic, or a tenant resource center, and a statement of the tenant's right to contest the allegations. It also carries an exception for a tenant who is the victim of the activity. This is a notice worth having counsel review before it goes out.

Do Milwaukee or Madison have additional requirements?

Wisconsin landlord-tenant practice is also shaped by administrative rules (Wis. Admin. Code ch. ATCP 134) and by local ordinances and court practice that vary by county and municipality. A notice that satisfies the state statute can still run into a local registration, licensing, or inspection condition. Check your municipality's requirements.

General background: after a notice is given

In Wisconsin, once the notice conditions in the applicable subsection are met and the termination date has passed, an eviction action proceeds under Wis. Stat. ch. 799 in the circuit court for the county where the property sits. Section 704.17(4) provides that if notice is properly given, the tenant is not entitled to possession or occupancy after the termination date specified in the notice. A USPS record of what was sent, when, and to what address — or photo and GPS documentation of an attended delivery — is a form of delivery documentation commonly referenced in landlord-tenant filings, and matters more than usual in a state where actual receipt must otherwise be proven by clear and convincing evidence. Whether any particular court accepts a given record, and whether your notice type and method are correct, are matters for the landlord and the landlord's attorney.

EvictServe is not a law firm, does not practice law, and does not give legal advice. We provide a self-service document-and-mail tool. Because Wisconsin sorts notice periods by tenancy type and treats repeat defaults differently, we suggest confirming which subsection governs your matter before sending anything.

Sources

Wis. Stat. § 704.17 (Notice terminating tenancies for failure to pay rent or other breach by tenant) — Wisconsin Legislature (official)
Wis. Stat. § 704.19 (Notice necessary to terminate periodic tenancies and tenancies at will) — Wisconsin Legislature (official)
Wis. Stat. § 704.21 (Manner of giving notice) — Justia · FindLaw
Eviction actions generally — Wis. Stat. ch. 799; see the Wisconsin Court System's self-help materials at wicourts.gov for current forms and local practice.
Administrative rules on residential rental practices — Wis. Admin. Code ch. ATCP 134 (Department of Agriculture, Trade and Consumer Protection).

Information on this page updated September 18, 2026 · Verify current statute text with primary sources before use.

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Disclaimer. EvictServe is operated by FormRoute LLC (Wyoming) and provides self-service document formatting and USPS Certified Mail delivery. EvictServe is not a law firm, does not practice law, does not provide legal advice, and does not offer opinions on how any statute applies to a specific tenancy. The statutory summaries, day counts, citations, and commentary on this page are compiled from public sources and may be incomplete, outdated, or inapplicable to your situation. State statutes, administrative rules, local ordinances, court rules, and judicial interpretations change frequently; nothing on this page should be treated as a current or authoritative statement of Wisconsin law. Before sending any notice or taking any action based on information on this page, read the current official statute text and consult a Wisconsin-licensed attorney if you have any doubt about what the law requires in your case. Use of this site is subject to our Terms of Service and Privacy Policy.