A forcible entry is an entry on real property in the peaceful possession of another, against the occupant's will, without legal authority, with actual or threatened force. Forcible detainer arises after entry, whether forcible or not, and usually consists of the unlawful holding of real property by force or by threats or menaces after a peaceable entry -- as in the case of a hold-over tenant.
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.
Title: Understanding the Wisconsin Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term Introduction: The Wisconsin Complaint for Unlawful Detained is a legal document that allows landlords to address situations where a tenant continues to occupy a property after the expiration of their lease term. In this article, we will delve into the details of this complaint, its purpose, and the different types of complaints that may arise under this circumstance. Key Points: 1. Tenant Holding Over After Expiration of Term: When a tenant does not vacate the property upon the expiration of their lease term, it is considered "holding over." Landlords require legal recourse to evict such tenants, and this is where the Wisconsin Complaint for Unlawful Detained becomes essential. 2. Purpose of the Wisconsin Unlawful Detained Complaint: The main objective of filing a Complaint for Unlawful Detained is to seek a court order for the eviction of the tenant who continues to occupy the property without the landlord's consent. It aims to restore the landlord's legal rights to the property and regain possession. 3. Wisconsin Complaint for Unlawful Detained Process: Landlords must follow the proper legal procedure and file a complaint with the appropriate court to initiate the eviction process. The complaint should contain details of the tenancy, the lease expiration date, the tenant's refusal to vacate, and any other relevant information. 4. Different Types of Wisconsin Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term: a. Commercial Unlawful Detained Complaint: Pertains to commercial properties and businesses. b. Residential Unlawful Detained Complaint: Applicable to residential properties and housing units. c. Agricultural Unlawful Detained Complaint: Specifically for agricultural properties and farming operations. 5. Wisconsin Unlawful Detained Notice Requirements: Before filing a complaint, landlords must serve the tenant with a written notice informing them of their violation and giving them a specified time frame to vacate the premises. The notice period may vary depending on the type of tenancy agreement, but it is important to comply with state and local laws. 6. Legal Process and Court Proceedings: Once the Complaint for Unlawful Detained is filed, the court will schedule a hearing. Both the landlord and tenant will have the opportunity to present their case. If the court finds in favor of the landlord, an eviction order (Writ of Restitution) will be issued, enabling the landlord to regain possession of the property. Conclusion: Dealing with tenants who hold over after the expiration of their lease term can be challenging for landlords. The Wisconsin Complaint for Unlawful Detained serves as a legal remedy to protect their rights and regain possession of the property. By following the appropriate legal procedures and understanding the different types of complaints, landlords can navigate this process more effectively.
