Before we start: this guide is general information about Wisconsin landlord-tenant law. It is not legal advice. Eviction cases can hinge on small details. If you're facing a contested eviction or anything involving Section 8, federal subsidies, or a tenant claiming retaliation, talk to a Brown County landlord-tenant attorney.
That said — here's what we actually do, step by step, when a Solutions client needs an eviction.
Step 1: Pick the right notice
Wisconsin gives landlords three notice types. Picking the wrong one resets the clock and gets your case dismissed.
5-Day Notice (Pay or Quit)
For non-payment of rent on a month-to-month or year-long lease. The tenant has 5 days to pay or vacate. If they pay in full, the eviction is canceled. This is the most common notice we issue.
14-Day Notice (Cure or Quit)
For non-rent lease violations — unauthorized pets, noise complaints, smoking violations, unauthorized occupants. Tenant has 14 days to fix the issue. If fixed, eviction canceled.
28-Day Notice (Termination)
For ending a month-to-month tenancy without cause, or for serious lease violations (drug activity, criminal acts, repeat violations). No cure option — tenant must vacate.
The single most common eviction mistake we see Brown County DIY landlords make: serving a 5-day pay-or-quit when the tenant violation is actually a non-payment + lease violation combo. Pick one cause. One notice. Clean record.
Step 2: Serve the notice properly
Three legal methods of service in Wisconsin:
- Personal service — hand-deliver to the tenant. Best evidence in court.
- Substituted service — deliver to another adult at the home + mail a copy.
- Posting + mailing — post on the door + mail. Only used after the first two fail.
Take photos. Save the certified mail receipt. Note date + time + who you handed it to. Courts care.
Step 3: Wait the notice period
5, 14, or 28 calendar days from the day after service. Don't count the service day. Don't accept rent during the notice period unless you want to cancel the eviction (this is a frequent landlord mistake).
Step 4: File the eviction complaint
In Brown County, file in Brown County Circuit Court at the Brown County Courthouse, 100 S Jefferson Street, Green Bay. Filing fee as of 2026: approximately $94.50. You'll also need to serve the tenant with the summons.
You can file pro se (without a lawyer) if the case is straightforward non-payment. We recommend an attorney for any of these:
- Tenant claims retaliation or discrimination
- Section 8 or federally subsidized tenancy
- Tenant has filed bankruptcy
- Multiple lease violations or disputed facts
- Damages claim over $5,000
Step 5: Court hearing
Brown County typically schedules eviction hearings within 25 days of filing. The hearing is brief — usually 10 to 15 minutes. Bring:
- Original signed lease
- Ledger showing payment history
- Copy of the notice served + proof of service
- Any photos or documentation of lease violations
If the tenant doesn't show up, you win by default. If they show up and pay in full + court fees, the eviction is dismissed. If they show up to contest, prepare for a continuance.
Step 6: Writ of restitution
If you win, the judge issues a writ of restitution authorizing the sheriff to remove the tenant. You schedule the lockout with the Brown County Sheriff's Office. Expect 7 to 14 days from writ issuance to actual lockout.
Don't change the locks yourself. Ever. Self-help evictions are illegal in Wisconsin and will get you sued for damages plus your tenant's attorney fees.
Step 7: The damages claim (often skipped)
After the lockout, you can pursue a separate small claims judgment for unpaid rent + property damage. Many Brown County landlords skip this because the tenant is "gone anyway" — but a judgment is leverage. It hits their credit report. It can be garnished from wages. It's worth filing even if collection is slow.
Common mistakes we see Brown County landlords make
- Accepting partial rent during the 5-day notice period. This cancels the eviction. Don't do it.
- Filing in small claims when eviction was required. Different process, different court, different rules.
- No written lease. Oral leases work in Wisconsin but eviction is much harder to prove.
- Forgetting the 21-day security deposit return. After eviction, you still have 21 days to return the deposit or itemize deductions. Missing this can cost you double damages.
- Trying to evict during the COVID-era moratorium. No longer applicable, but check current federal and state status — rules change.
How long does the whole process actually take?
From day you serve the 5-day notice to day the sheriff locks the tenant out, plan for 30 to 60 days in Brown County for a clean non-payment case. Contested cases regularly stretch to 90 to 120 days.
When you should call us
If you're a Brown County landlord facing your first eviction — or your fifth — and want it handled cleanly without making a procedural mistake that costs you weeks, text START to (920) 306-2330. We handle the entire process for clients at no additional fee beyond our flat 10%. Court fees pass through. We coordinate with the sheriff. We're at the hearing.
If you're not a client yet — read the rest of our blog, run your numbers, and decide whether self-managing is still worth the time it takes to learn this stuff properly. Most of our owners switched because they realized it isn't.