Mobile home eviction rules in Wisconsin

Wisconsin's dedicated park law (Wis. Stat. §710.15) limits when a community tenancy can be ended, sets the notice through the general landlord-tenant statute, and — with the DATCP rule (Wis. Admin. Code ch. ATCP 125) — bars retaliatory evictions. The information below describes how the law generally works; anyone facing a specific notice should consider consulting a licensed attorney in Wisconsin.

What the statute says

Under Wis. Stat. §710.15(5m), "notwithstanding ss. 704.17 and 704.19, the tenancy of a resident or occupant in a community may not be terminated, nor may the renewal of the lease be denied by the community operator," except on listed grounds: (a) failure to pay rent, taxes, or other charges due; (b) disorderly conduct that disrupts others' peaceful enjoyment; (c) vandalism or waste; (d) a breach of any lease term; (e) a rule violation that endangers health or safety after written notice to cease; (em) violation of mobile-home laws after written notice; (f) the operator's seeking to retire the community or a site permanently from the rental market; (g) a building or health authority requiring the use to be discontinued; (h) the home's physical condition presenting a threat; (i) refusal to sign a lease; (j) material misrepresentation in the application; (jm) owning more than one home in the community; and (k) "other good cause."

Notice runs through Wis. Stat. §704.17, applied by §710.15(5r): a nonpayment notice must allow at least five days to "pay rent or vacate" (§704.17(1p)(a), (2)(a)); a notice for waste or another breach must allow the resident to "remedy the default or vacate" (at least 5 days, or 30 days under a lease for more than one year, §704.17(2)(b), (3)). And the operator "shall provide at least 90 days' written notice to all known residents and occupants prior to permanently retiring the community or a site from the rental housing market" (§710.15(5r)). Wis. Admin. Code ATCP 125.08(2) bars termination in retaliation for reporting a violation, for belonging to a tenants' association, or to make a site available to the operator's own buyer.

How it works in general

A Wisconsin park can't simply decide not to renew or to end a tenancy — it has to point to one of the listed grounds in §710.15(5m), such as unpaid rent, a lease breach, conduct that endangers others, or a genuine plan to close the community. The notice it gives depends on the reason: a short pay-or-vacate notice for nonpayment, a remedy-or-vacate notice for a curable breach, and a long 90-day notice to all residents before the park is retired from the rental market. A park can't evict a resident for complaining to a government agency, for joining a tenants' association, or to clear a lot for a buyer it is selling to. The eviction lawsuit itself runs through the courts under Wis. Stat. ch. 799.

Common scenarios

General examples Wisconsin park residents commonly encounter:

• A resident falls behind on rent. The park must give at least a five-day pay-or-vacate notice (Wis. Stat. §704.17, §710.15(5r)).
• A park wants to close and redevelop. It must give at least 90 days' written notice to all known residents before retiring the community (§710.15(5r)).
• A resident is threatened with eviction after reporting a code problem. Retaliatory termination is barred (ATCP 125.08(2)).

Other authorities that may apply

The dedicated act (Wis. Stat. §710.15) limits the grounds and sets the 90-day retirement notice; the notice periods come from Wis. Stat. §704.17; the eviction action runs under ch. 799; and the DATCP rule (ATCP 125.08) bars retaliation. A separate rule, §710.15(5t), allows termination for "an imminent threat of serious physical harm" under §704.16. Federal protections such as the Servicemembers Civil Relief Act and the Fair Housing Act can also apply.