Tenant evictions are problematic from the landlord’s perspective, almost like walking in a maze of legal formalities, paperwork, and strict deadlines. You may now be wondering: How do I get through this with the least hassle?
Well, it does not have to be a headache, though; once you understand the eviction process in Wisconsin and enlist the help of the right professionals, you will save time, money, and stress.
In this blog, we discuss the eviction process, landlord rights, and ways to make sure your eviction runs as smoothly as possible. So without further delay, let’s get started:
Eviction Process in Wisconsin: What Landlords Should Know
Eviction is not simply telling tenants to leave; it is a legal process that must be completed in accordance with state laws. If you deviate from the legal steps, it will result in delays, unwanted expenses, and maybe a dismissal of your case. So, let’s take a closer look at every single step of the tenant eviction process in Wisconsin to keep you a step ahead.
Step 1: Issuing a Notice to the Tenant
There must be a formal written notice served to the tenant before considering even filing for an eviction. Depending on the reasons for eviction, some notices must be issued:
- 5-Day Notice: Serve a 5-day notice when the tenant hasn’t paid rent. The notice gives tenants five days to pay overdue rent or face legal action.
- 14-Day Notice: If the tenant violates the lease terms by damaging the property or is involved in illegal behavior, serve a 14-day notice to the tenant. The tenant will have fourteen days to remedy such a violation or leave.
- 30-Day Notice: For month-to-month tenants, or if you desire to end the lease without giving any reason, serve a 30-day notice. You do not need to give a reason, but you do need to give the tenant thirty days’ notice to vacate.
After issuing the notice, remember that the tenant might not respond immediately. Tenants will commonly try to challenge that eviction, so it is important to know the ins and outs of that process.
Step 2: Filing an Eviction Lawsuit
If the tenant does not respond to the notice by paying rent, fixing the violation, or leaving the property, then you can file for eviction (also known as Summons and Complaint). The action is filed in the local court. After filing the complaint, the court will set a date for a hearing.
It is important to fill out all the paperwork carefully. Even a minor mistake can cause delays and increase costs. This is where a professional like Central Point Investigations comes in very handy. We help in preparing the documents and have everything set before the hearing.
Step 3: The Hearing
During the hearing, you (the landlord) and your tenant will be allowed to present their sides of the case. You must show that you followed the correct procedures by serving all correct notices and allowing the tenant the opportunity to correct the issue. The tenant may, on the other hand, have a defense or an explanation to give.
Step 4: Writ of Restitution
If the judge finds in your favor, then you will be able to request a Writ of Restitution whereby the court authorizes the sheriff to assist in removing the tenant from the property unless they have voluntarily departed by the deadline ordered by the court in the interim.
Though this can take some time, after the writ is issued, the sheriff gives notice to the tenant and may evict that tenant by forcibly removing him or her from the property. Note that the landlord is not permitted to do this him- or herself; only law enforcement may do the physical eviction.
Step 5: Removal of the Tenant and Return of the Property
If the tenant continues to refuse to vacate, the sheriff will take steps for their removal from the premises after the writ has been served upon them. You also want to make sure that your property is secure at this stage. You can do this with the help of an experienced team like Central Point Investigations, and we will help you recover the unpaid rent and damages made by that tenant.
Many landlords also bring in professionals to assist in this whole process, especially when some items of value have been left behind or when the tenant caused damage worth great amounts. A thorough asset search and investigation would thus enable you to have the compensation you’re owed.
Protecting Your Rights as a Landlord
Here are some important points to consider:
- Proper Documentation: Always put everything in writing when communicating with a tenant and keep copies of all notices and documents brought into the court under your custody. The documentation is going to be very important if you need to prove your case.
- Tenant Screening: This is not part of the eviction itself, but you can prevent many future issues related to eviction by screening tenants. An extensive background check, including credit and rental history, can keep you from some troublesome tenants.
- Know the Law: Wisconsin’s eviction laws can be pretty complex, and there are so many variables with many different outcomes based on particular facts. Familiarize yourself with state laws, or hire professionals who can assist you along the way.
- Avoiding Self-Help Evictions: Don’t even think of evicting a tenant yourself, such as changing locks or cutting off utilities. This is illegal and can cause serious trouble. Always follow the legal procedure to avoid complications.
Conclusion: The Eviction Process in Wisconsin Made Easy
An eviction process in Wisconsin doesn’t have to be a never-ending battle. With proper preparation and with the right advice, you would be able to swiftly and legally remove any tenant that has broken the lease in some way.
Need some help in working through the tenant eviction process in Wisconsin? Contact Central Point Investigations today for professional, reliable service. Whether it’s serving eviction notices, representing you in court, or handling tenant asset recovery, we’ve got you covered. Reach out and schedule a consultation with us today!