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.

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