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Can a landlord evict a tenant who has children during the winter in state of WI

Bassett, WI |
Attorney answers 3


A landlord may evict a tenant any time for non-payment of rent and for other breaches of the lease.

The landlord must follow the procedures outline in Wis. Stats. 704.21(1). The required notices for non-payment (either 5 day or 14 day, as applicable) must be given to a tenant (or family member at least 14 years of age who is told of the contents) personally. Alternatively, it can be left with any adult apparently in charge and occupying the premises and also mailed to the tenants last known address. If that doesn't work, the notice can be left on the premises in a visible place and mailed to the tenant's last known address.

If the tenant does not leave voluntarily, the landlord must start an eviction proceeding in small claims court. Information on filing can be obtained on line or from the county clerk of courts

After eviction, the landlord must also comply with applicable portions of Wisconsin Administratiive Code ATCP 134.06(2).

All of these resources are available on line.


Wisconsin Administrative Code - ATCP 134 can be found here:


Wisconsin Administrative Code ATCP 134 can be found here:

Wis. Stats. Section 744.21 can be found here:

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