Evictions

Landlord/Tenant Relations

For all matters please click here to review the Eviction Exhibit Process. Any propsed exhibit not clearly marked and filed at least 2 business days in advance of the hearing date will not be considered by the Court absent a showing of good cause.  

An eviction is a case to remove tenants from rental property and claim the money owed in rent and damages, regardless of the amount claimed. Evictions are handled as Small Claims matters in the Civil Court and are filed in Room C-167 of the Civil Division of the Waukesha County Courthouse. Additional information about this subject and landlord/tenant relations can be found in the Legal Research section of this site under the Landlord/Tenant heading.

EFFECTIVE AS OF MARCH 20, 2020 DURING THE DECLARED PUBLIC HEALTH EMERGENCY - Review Emergency Procedures Applicable to Eviciton Matters and Notice of Right of Defendant-Tenant to Appear at the Eviction Return Date by Telephone.  Review both documents for instruction related to personal appearance and related requirements for eviction actions in Waukesha County.

**NEW** Waukesha County, in partnership with Community Advocates, Inc., is administering an Emergency Rental Assistance Program (ERAP) to help people experiencing financial hardship to stay in their homes because of the COVID-19 pandemic.  For information regarding the Waukesha County Emergency Rental Assistance Program, please view the flyer found here or visit https://communityadvocates.net

**NEW** Effective 12/1/2023, a fee will be charged for all Eviction packets provided in the Clerk's Office.  The Eviction forms are available for free here. 

IMPORTANT CHANGES RELATED TO EVICTIONS CAN BE FOUND BELOW: 

• Prior to obtaining a judgment of eviction, the Court will require that you file either the Affidavit of Service of Notice Terminating Tenancy found here, a substantially similar affidavit or a certified mail receipt.
• Prior to obtaining a judgment for money related to damages in an eviction, the Court will require that you file either the Affidavit of Damages found here, or a substantially similar affidavit.
• Please review the Eviction Checklist found here, which serves as a general reference.  The Eviction Checklist does not constitute legal advice.  If you require legal advice, you should seek legal counsel.

Small Claims Service Packet
Number	Name	Downloads
SC-6000V	Basic Guide to Wisconsin Small Claims Actions	Word
SC-6050V	Pre-Judgment:  Basic Steps to Small Claims Service	Word
	Waukesha County Sheriff's Department FAQ's	Visit Link
SC-5100V	Affidavit of Service of SC-500 Summons and Complaint Eviction (Small Claims)	PDF  Word
SC-5110V	Affidavit of Service of SC-500 Summons and Complaint Corporation or Limited Liability Company - Non-Eviction (Small Claims)	PDF  Word
SC-5120V	Affidavit of Service of SC-500 Summons and Complaint Individual/Sole Proprietorship/Partnership - Non-Eviction (Small Claims)	PDF  Word
SC-5160V	Publication Summons and Notice (Small Claims)	PDF  Word
SC-5130V	Affidavit of Mailing (Small Claims)	PDF  Word