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Jeff Walden
  • Investor
  • Milwaukee, WI
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Evicting a tenant in holdover, do I need a serve notice?

Jeff Walden
  • Investor
  • Milwaukee, WI
Posted Dec 28 2017, 08:16

I have a tenant who is on a 12-month lease that ends 12/31/2017. He's aware his lease is ending and I'm not renewing the lease. I have every reason to believe that he'll not actually vacate the property by 1/1/2018 though. As such, I'm getting ready to file for eviction on 1/1 to keep the process moving along as quickly as possible. Still, I'm keeping my fingers crossed that I'm wrong and he'll actually vacate on time, but his word can't be trusted based on our experience.

The property is located in Wisconsin. I realize that when there's a normal violation of the lease, a notice of violation is served to the tenant and depending on the type of notice, if that violation isn't cured, a small claims case may be filed for eviction. In the event of holdover, is a notice of violation required? I've been combing through the state laws on this and I can't see any reference to the type of notice required before filing for eviction in the situation of holdover.

If no notice of violation is required, do I simply file in small claims court on 1/1/2018 for eviction? I've never had to do this before so I want to be sure I'm not missing a step in the process.

Jeff

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