How to do the eviction in Wisconsin?

[Ivan Plagniuk]

Hello, I have a tenant not paying rent on time. I gave him a 5-day notice already and this month he didn’t pay rent on time again. I want him to move out as quickly as possible. The property is in Wisconsin. Does anyone know how to do it right?

After I spoke with a local lawyer and did my own research I’m a little confused. The lawyer says that you have to give a 5-day notice two times and then file the eviction despite the Wisconsin Eviction Post that I found on Milwaukee county website which says 5-day notice, 14-day notice pay or vacate and then file an eviction. Anyone can help me what is the right way of doing it?

[Corina Eufinger]

The attorney seems to be mistaken.  You only need to issue one 5-day, there is no minimum requirement.  A 5-day is curable, giving the tenant the opportunity to pay.  A 14-day is non-curable notice that can be given only AFTER  a 5-day has been issued in the same 12 month period.  Issue a 5-day October 31 2019, you could choose to issue a 14-day for the same violation before October 30 2020.  

Note: If the 5-day is cured and the balance is paid you can't evict on that 5-day.  If a tenant is issued on May 15th, and pays up on May 17th.  On July 5 they are late with the payment again.  You couldn't file an eviction based on the 5-day from May because it was cured in the time frame BUT you could issue a 14-day because you had previously used a 5-day (doesn't matter if it was cured.)

I'm sure that made it more clear yet more foggy at the same time. WI DATCP has useful guidebook  that while some parts are out of date it explains the rules on 5 and 14 days well and that portion is not out of date.