Wisconsin Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term

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US-03315BG
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Description

Unlawful detainer applies to a tenant who holds over against a landlord after there has been a termination of the tenancy and an unsuccessful demand for possession. The action may relate to either residential or commercial property.


An unlawful detainer action may only be used when the tenant is unlawfully holding over. Since an action in an unlawful detainer involves a forfeiture of the tenant's right to possession, the landlord must plead and prove that the tenant remains in unlawful possession of the premises. If the tenant surrenders the premises to the landlord before the filing of the complaint, the landlord's remedy is an action for damages and rent.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

At least 28 days' notice must be given except in the following cases: If rent is payable on a basis less than monthly, notice at least equal to the rent-paying period is sufficient; all agricultural tenancies from year-to-year require at least 90 days' notice.

704.17 Notice terminating tenancies for failure to pay rent or other breach by tenant. (1g) Definition. In this section, ?rent? includes any rent that is past due and any late fees owed for rent that is past due. (1p) Month-to-month and week-to-week tenancies.

Non-renewal of a lease after the end of the rental period As long as the tenant does not violate any rules, they can stay until their rental term ends. However, a tenant can be evicted if they stay in the property even a day after their lease term ends (and have not arranged for a renewal).

If you as the landlord wish to end the holdover tenancy, you must give the notices under §704.19, i.e. the 5 and 14 day notices.

A landlord may elect to accept the surrender of premises by a tenant, which terminates any further obligation of the tenant under the lease, but which also relieves the landlord from the obligation to apply payments from the new tenant to the former tenant's unpaid rental obligations.

Landlords may not advertise or rent condemned property. Landlords must disclose housing code violations they have been notified of but have not corrected. They must also reveal structural defects, a lack of hot or cold running water, serious plumbing, or electrical problems, and other hazards.

There are no state laws limiting the amount of a rent increase. If you are renting by the month, the landlord may terminate the rental agreement by giving you a written termination notice at least 28 days before the next rent due date.

If a tenant remains in possession without consent of the tenant's landlord after termination of the tenant's tenancy, the landlord may in every case proceed in any manner permitted by law to remove the tenant and recover damages for such holding over.

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Wisconsin Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term