A tenancy from month to month is one under which a tenant, holding an estate in land for an indefinite duration, pays a monthly rental. This form is a generic pleading that may be referred to when preparing a complaint or petition to recover possession of premises from a month-to-month tenant after the tenant has been give the statutory notice to quit (e.g., to give up or leave) the premises.
In Wisconsin, a complaint to recover possession of leased premises after giving statutory notice to quit to a month-to-month tenant is a legal document filed by a landlord who wants to regain control of their property from a tenant who is on a month-to-month lease. This complaint is typically filed when the tenant fails to vacate the premises after receiving a valid statutory notice to quit. When filing this complaint, it is crucial to include all relevant details and follow the necessary legal procedures. The content should address the following key points: 1. Introduction: — Begin with a concise statement explaining that this is a complaint to recover possession of leased premises. — Specify the parties involved, including the landlord's name and address, the tenant's name, and the address of the leased property. 2. Statutory Notice to Quit: — Describe the specific statutory notice to quit that was served to the tenant, including the date it was delivered and the method of delivery. — Mention the reason for issuing the notice, such as non-payment of rent, violation of lease terms, or expiration of the lease term. — Provide any relevant details or evidence supporting the landlord's claim. 3. Lease Agreement and Tenancy Details: — Outline the terms of the month-to-month lease agreement between the landlord and tenant. — Include the start date and duration of the lease, the rental amount, and any specific conditions or obligations mentioned in the agreement. — Specify the tenant's responsibilities and any failure to comply or breaches of the lease terms. 4. Tenant's Failure to Vacate: — Explain that despite receiving the statutory notice to quit, the tenant has failed to vacate the premises within the specified time frame. — Provide details on any attempts made to communicate with the tenant regarding their non-compliance. — Mention any outstanding rent or damages owed by the tenant, if applicable. 5. Relief Sought: — Clearly state the relief sought by the landlord, which is the recovery of possession of the leased premises. — Request the court to issue an order for the tenant's eviction, allowing the landlord to regain control and possession of the property. — Include any additional requests, such as the collection of unpaid rent or damages. It is worth noting that there may be different variations of the Wisconsin Complaint to Recover Possession of Leased Premises After Giving Statutory Notice to Quit to Month-to-Month Tenant depending on the specific circumstances. For instance, if the tenant is engaging in illegal activities on the premises, there might be a specific complaint form for that situation. However, the core elements mentioned above should generally be included in any complaint seeking possession of leased premises from a month-to-month tenant in Wisconsin.
