My Tenant Is Behind on Rent in Beloit. What Do I Do?

The short answer: In Wisconsin, if a tenant falls behind on rent, the usual first step is a written 5-day notice to pay or vacate. If the tenant doesn't pay or move out within those 5 days, you can file for eviction in small claims court (for Beloit properties, that's Rock County). If you simply don't want to continue renting to a month-to-month tenant, you give a written 28-day notice that ends the tenancy, and the tenant needs to move out by the end of that rental period.

It sounds simple on paper. In real life, it can be stressful, especially if you own one or two rentals and this is your first time dealing with it. Here's a plain-English walkthrough.

Step 1: Talk to your tenant first

Before any paperwork, a quick conversation can save everyone time and money. Sometimes a tenant had a short-term setback, like a job change or a medical bill, and can catch up with a simple payment plan. If you agree to one, put it in writing.

If the conversation goes nowhere, or this keeps happening, move to the formal steps.

Step 2: Serve a 5-day notice to pay or vacate

This is the standard notice for unpaid rent in Wisconsin.

• It must be in writing.
• It should clearly state how much rent is owed.
• It gives the tenant 5 days to either pay in full or move out.
• If the tenant pays within the 5 days, the tenancy continues and the issue is resolved.

Other notices you may hear about:

• 14-day notice to vacate: For month-to-month tenants, or a tenant who has already been late and received a notice within the past year, Wisconsin allows a 14-day notice that ends the tenancy without giving the tenant a chance to pay and stay.
• 30-day notice: Tenants on a lease of more than one year generally get a longer notice period for nonpayment.

Which notice applies depends on your lease type and history with the tenant. Every situation is different, so if you're not sure, it's worth a quick call to a Wisconsin landlord-tenant attorney.

Step 3: If they don't pay or leave, file for eviction

Once the notice period runs out and the tenant is still there without paying, you can file an eviction case in small claims court. In Beloit, that means Rock County Circuit Court.

A few things to know:

• The tenant has the right to show up in court and respond.
• If the judge rules in your favor, you'll get a judgment for possession. A sheriff, not the landlord, carries out the actual removal if the tenant still won't leave.
• You can ask the court for the unpaid rent as part of the case, though collecting it is a separate matter.

Never try to remove a tenant yourself. Changing the locks, shutting off utilities, or removing their belongings without a court order is illegal in Wisconsin and can put you on the hook for damages.

What if you just don't want to renew?

Maybe the tenant isn't badly behind, but the relationship isn't working, or you want to sell, move in, or fix up the property. That's a different path.

• Month-to-month tenants: Give a written 28-day notice. The tenancy ends at the end of a rental period, at least 28 days after the tenant receives the notice. The tenant then needs to move out by that date.
• Tenants on a fixed-term lease (for example, a 12-month lease): The lease generally ends on its end date. Check your lease for any automatic renewal language, since that can change what notice you need to give.

If the tenant stays past the end date, you'd go through the same court eviction process described above.

Another option: selling the property with the tenant in it

Some Beloit landlords reach a point where they're simply done. They don't want to go to court, wait months for the unit to turn over, or put money into repairs after a tenant leaves.

That's okay. You have options:

• Work it out with the tenant and keep renting.
• Go through the notice and eviction process, then repair and re-rent or sell on the open market.
• Sell the property as-is, with the tenant still in place, to a buyer who handles the tenant situation after closing.

At WI Buy Real Estate, we buy rental properties in Beloit, South Beloit, Janesville, and across Wisconsin, including houses with tenants who are behind on rent. We're happy to walk through the numbers with you, compare them to what you might net by evicting and listing, and let you decide what works best. No pressure either way.

Frequently asked questions

How much notice do I give a tenant who hasn't paid rent in Wisconsin? Usually a 5-day notice to pay or vacate. In some cases, such as month-to-month tenants or repeat late payment within a year, a 14-day notice to vacate may be used instead.

Can I evict a tenant in Beloit without going to court? No. Only a court order and the sheriff can remove a tenant. Lockouts and utility shutoffs are not allowed.

How much notice do I need to end a month-to-month lease in Wisconsin? At least 28 days of written notice, ending at the end of a rental period.

What happens if a tenant pays within the 5 days? The tenancy continues as normal, and you can't move forward with an eviction for that missed payment.

Can I sell a house in Wisconsin if the tenant is behind on rent? Yes. You can sell a rental with a tenant in place. Some buyers, including local direct buyers like WI Buy Real Estate, purchase properties as-is with the tenant situation included.

How long does an eviction take in Rock County? It depends on the notice used, the court calendar, and whether the tenant contests it. Plan on several weeks at minimum from the first notice to getting possession back.

This article is general information for Wisconsin property owners, not legal advice. Landlord-tenant rules can change and every situation is different, so talk with a Wisconsin attorney before taking action on a specific tenant.

Have questions about a rental property in Beloit or anywhere in Wisconsin? Reach out to Carlos and Brenda at WI Buy Real Estate. We'll explain your options in plain English and help you figure out what makes sense for you.