The amount of rent paid for a commercial rental determines whether the case is heard in a Wisconsin small claims court or as a criminal case. Wisconsin law states the landlord must serve a written notice to the tenant before legal charges are filed. Although the court prefers a written notice handed to the tenant, posting an eviction notice on a door or via mail is acceptable.

Non-renewal of a month to month or "at will" tenancy is not an eviction notice. Wisconsin courts recognize five types of formal eviction notices. The five day "Pay or Quit" and "Non-Rent Violation" notices serve as a warning. The tenant has five days to correct the issues pointed out by the landlord. A 30-day notice allows tenants to pay back rent or correct lease violations.

Five- and 14-day "No Right to Cure" notices are given when the landlord wants the tenant removed. Landlords can only issue this type of five-day notice when law enforcement decides the property is a drug nuisance.