Eviction Law in Madison, 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 Madison, 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

In Madison, WI, if a tenant consistently pays rent late or has failed to pay rent altogether, there may be grounds for eviction. Some states allow a grace period for occasional late payments, but habitual lateness typically falls outside that provision, allowing the property owner to issue an eviction notice.

Madison has no law providing a grace period for tenants who fail to pay rent currently.

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 legally binding contracts. If a tenant violates any of the terms, it can serve as grounds for eviction. For instance, if your lease stipulates that no additional persons may reside in the unit and your tenant breaches that rule, you can initiate the eviction process.

The lease agreement is equally binding for the landlord. This means that landlords in must also adhere to the terms outlined in the agreement, such as ensuring necessary repairs are made and performing maintenance as required by the lease.

The Tenant Damages the Property

Some level of property damage from tenants is inevitable—normal wear and tear like scuffed walls or broken blinds come with living in space. However, there’s a clear distinction between minor issues and intentional destruction.

If a tenant is causing significant damage, such as breaking walls or shattering windows, it may warrant eviction. On the other hand, if the tenant handles minor repairs themselves without making substantial alterations to the property, this typically wouldn’t justify eviction.

The Tenant Uses the Property for Illegal Purposes

If your tenant is using your Madison 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 Madison, 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 an eviction before giving notice. A qualified Madison, WI attorney can help review your case to determine if you do.

Tenant Resource provides a comprehensive list detailing the rights of tenants in Madison. Renters have the right to a safe, clean rental unit, with well lighted common areas. They have the right to work safety features such as locks and smoke detectors. Renters are also entitled to a discrimination-free process. In addition, according to the Servicemembers Civil Relief Act, a tenant can end a lease agreement early if they join the military, or are called to active duty for more than 90 days.

Step 2. Give a Formal Notice of Eviction

If you have tried to reason with your tenants and they continue to violate the terms of your lease, you should then provide them with a formal notice of eviction. Your eviction notice will serve as an ultimatum or final warning. It should explain how your tenant is in violation, as well as what they can do to stop the eviction process.

The eviction notice should also include a deadline for the tenant to either pay rent or move out, and the amount that the tenant owes. If you’re unsure of how to create an eviction notice, you can use online templates or seek legal advice.

Wisconsin Landlord Guidance describes the timeline for the eviction process in Madison. A landlord is required to serve written notice of eviction, regardless of the cause or lack thereof. If the tenant refuses to comply the landlord will file a Summons and Complaint for eviction in court. If the tenant does not appear in court, the landlord will be granted a default judgment. If the tenant refuses to vacate, a Writ of Restitution will be served by the Dane County Sheriff’s Office.

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. Landlords that wish to evict a tenant in Madison have to file with the Small Claims Division of the Dane County Court.

Step 4. Contact an Experienced Madison, 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 Madison, 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 Madison, Wisconsin

The tenant will likely try to argue that you did not follow proper procedures for providing an eviction notice. Having a qualified Madison 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 Madison, WI, we’ve also got you covered!