Neuberger, Griggs, Sweet & Froehle, LLP

Can a tenant be evicted during the winter?

rental home in winterIt’s a common question—so common, in fact, that it has been asked in person and even on social media.  The answer is surprising and even counters a very common landlord-tenant myth.

The answer in Wisconsin (or anywhere) is usually yes.  A tenant can be evicted any time of the year, even in the winter.  Be aware there may be special circumstances that may make the answer a no, such as with federally subsidized housing or in the case of elderly housing (consult a lawyer to be sure).  To be clear, that doesn’t mean that tenants can just be moved out spur of the moment, or that a landlord can go into the rental property if the tenants can stop paying.

A landlord cannot legally go into the rental property without usually giving 12-hour notice unless the situation is urgent (i.e. fire, burst pipe, etc.)  Once notice is given, the tenant must allow the landlord to enter.

If a landlord does decide to evict a tenant, legal notices and/or eviction proceedings should be initiated.  Notices must be delivered in person or via a delivery method specified by law.  To make sure the landlord delivers notices correctly and on schedule, contact a lawyer for information.  Evicting tenants from your property is a legal process and must be filed in court.

The materials on this website are provided for informational purposes only and do not constitute legal advice. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date and should in no way be taken as an indication of future results. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver. You should not act or rely on any information contained in this website without first seeking the advice of an attorney.


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