Eviction Law in Green Bay, WI

What Is an Eviction?

An eviction is the forceful exiting of tenants following an issued notice by the property owner or landlord. Evictions usually come as a result of failure to pay rent, or from violations of the lease agreement. However, evicting a problem tenant can be a long and costly experience as landlord-tenant laws favor tenants. Getting a better understanding of how Green Bay, Wisconsin eviction law can help.

Even though eviction notices happen as a result of serious problems with the tenant, not all eviction notices lead to an actual eviction. Oftentimes, eviction notices serve as a final warning for the tenant. If the tenant can then pay rent, or begin to follow the lease agreement, they may avoid eviction.

When Can Landlords Send a Termination Notice?

The Tenant Doesn’t Pay Rent

If a delinquent Green Bay, WI tenant frequently pays rent late or has not paid rent at all, there is a good reason for eviction. Some states do have a grace period for an occasional late payment. However, if a tenant makes a habit of always paying late, that grace period does not apply and the property owner can provide an eviction notice.

In general, landlords in Green Bay do not have to offer a grace period to pay overdue rent before evictions. However, if the terms are week-to-week or month-to-month, Wisconsin eviction law dictates a five-day notice.

You should always provide your tenant with “late rent” notices and keep a copy for yourself in your files. That way, if the eviction case goes to court, you have paper evidence of their failure to pay rent on time.

The Tenant Violates the Terms or Conditions of the Lease Agreement

Lease agreements are legal contracts. This means if your tenant violates the contract in any way, it can be grounds for eviction. For example, if your lease agreement says that your tenant cannot have an additional person living in the unit, and they violate that rule, you can begin the eviction notice process.

The lease agreement is also legally binding for the landlord. This means that any Green Bay landlord must also follow the rules laid out in the agreement, such as making repairs, and performing maintenance written into the lease.

The Tenant Damages the Property

Tenants are going to cause damage to the property; it’s unavoidable. Wear and tear when living in a home is normal. Still, there’s a difference between scratches on the wall or broken blinds, and intentional destruction of property.

If it’s clear that your tenant is causing severe damage to your property, such as breaking through walls or smashing windows, this may be cause for eviction. However, if your tenant makes repairs themselves, and doesn’t make any major changes to the property, this might not be grounds for eviction.

The Tenant Uses the Property for Illegal Purposes

If your tenant is using your Green Bay property for illegal purposes, such as selling drugs or weapons, this can be clear grounds for eviction. Reporting the issue might also bring criminal charges against the tenant.

However, you should prepare to provide evidence that the tenant is using the property for illegal purposes. If law enforcement came to the property to address these issues at any time, these reports could prove helpful.

How to Evict a Tenant in Green Bay, Wisconsin

If you want to evict a tenant for any reason, then you need to understand the eviction process. Here’s how it works.

Step 1. Check Your Local Laws

Eviction laws are different in each state and can also vary at the city level. Therefore, it’s important to familiarize yourself with local laws before taking any action. Always ensure you have a legally valid reason for eviction before giving notice. A qualified Green Bay, WI attorney can help review your case to determine if you do.

There are several situations described in Wisconsin eviction law that can justify removing a tenant from your property. For example, anyone using a controlled substance or creating a public nuisance can face eviction in Green Bay. Other possible reasons for forcing someone to move off your property include:

Lease expiration
Damaging the rental unit
Late or incomplete rent payments
Violations of terms explicitly prohibited by the lease agreement

Step 2. Give a Formal Notice of Eviction

If your tenants persist in violating the terms of their lease despite your attempts to resolve the issue, it may be time to issue a formal notice of eviction. This notice serves as a final warning, clearly outlining the specific lease violations and what steps the tenant must take to halt the eviction process.

The eviction notice should also specify a deadline for the tenant to either pay overdue rent or vacate the property, along with the exact amount owed. If you’re uncertain about drafting an eviction notice, consider using online templates or consulting a legal professional for guidance.

The Department of Agriculture, Trade and Consumer Protection describes the necessary contents for an eviction notice. Suppose that you have a tenant who participates in illegal activity on the premises. A legal document to remove this type of renter needs to have information like the following to be valid:

The reasoning for serving the notice
Descriptions of the drug, crime, or other related violations
A reminder that they have the right to contest allegations in court
Notification that the tenant can contact a volunteer clinic or tenant resource center

Step 3. File the Eviction with the Court

You must file the eviction notice with the court within a few days. The court will then set a hearing date and will notify the tenant of the hearing by a summons. This process usually plays out in a Small Claims Court in Green Bay.

Step 4. Contact an Experienced Green Bay, Wisconsin Eviction Attorney and Prepare for the Hearing

You should find an attorney as soon as possible to help you prepare for the hearing. Then, when you go to the hearing, you should bring the following documents:

Lease agreements
Records of payments
Bounced checks
Record of communication between you and the tenant
Record of the eviction notice
Proof that the tenant received the notice

Step 5. Evict the Tenant

If you’ve won the hearing, your tenant will have time to move out of your property. The amount of time allowed is dependent on the state, but it typically ranges from 48 hours to one week. If the tenant refuses to leave, you can contact Green Bay, WI law enforcement to forcibly remove them from the property.

Step 6. Collect Past-Due Rent Payments

If your tenant owes you rent money, you may still have a long fight ahead to collect past-due payments. You can try to collect these payments through several methods:

Hiring a private debt collector
Garnishing their tax refunds
Garnishing their wages
Taking the case to small claims court

Work with an Experienced Eviction Attorney in Green Bay, Wisconsin

The tenant will likely try to argue that you did not follow proper procedures for providing an eviction notice. Having a qualified Green Bay attorney on your side can take the pressure off your back, and help ensure a victory in court. We can even help you connect with an attorney across Wisconsin state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.

If you would like to know more about other areas of law in Green Bay, WI, then we’ve also got you covered!