This information is prepared as an informational service only and should not be relied upon as official records of any kind The state law compiled, summarized, and linked to at this site is believed to have been accurate and up-to-date at the time it was created.  However, members are reminded that laws and regulations constantly change and, accordingly, we cannot make any representation, expressed or implied, that the information contained here is the very latest available, that it can be used without independent legal or professional advice, or that it would be interpreted in any particular way by any governmental agency or court.

134.02 Definitions
134.03 Rental documents; deposit receipts.
134.05 Earnest money deposits.
134.06 Security deposits.
704.17 Notice terminating tenancies for failure to pay rent or other breach by tenant.
704.19 Notice necessary to terminate periodic tenancies and tenancies at will.
704.21 Manner of giving notice.
704.27 Damages for failure of tenant to vacate at end of lease or after notice.
799.12 Service of summons.
799.24 Judgment.
799.40 Eviction actions.
799.41 Complaint in eviction actions.
799.42 Service and filing in eviction actions.
799.43 Defendant's pleading in eviction actions.
799.44 Order for judgment; writ of restitution.
799.445 Appeal.
799.45 Execution of writ of restitution.

ATCP 134.02 Definitions (3) "Earnest money deposit" means the total of any payments or deposits, however denominated or described, given by a prospective tenant to a landlord in return for the option of entering into a rental agreement in the future, or for having a rental application considered by the landlord. (11) "Security Deposit" means the total of all payments and deposits given by a tenant to the landlord as security for the performance of the tenant's obligations, and includes all rent payments in excess of 1 month's prepaid rent.

ATCP 134.03 Rental documents; deposit receipts.

(1) COPIES OF RENTAL AGREEMENTS, RULES. Rental agreements and rules and regulations established by the landlord, if in writing, shall be furnished to prospective tenants for their inspection before a rental agreement is entered into, and before any earnest money or security deposit is accepted from the prospective tenant. Copies shall be given to the tenant at the time of agreement.

(2)RECEIPTS FOR TENANT DEPOSITS. Immediately upon accepting any earnest money or security deposit, the landlord shall provide the tenant or prospective tenant with a written receipt for the deposit, stating the nature of the deposit and its amount. A receipt is not required where payment is made by check bearing a notation describing the purpose for which it was given, unless requested by the tenant.

ATCP 134.05 Earnest money deposits.

(1) REFUND OR CREDIT OF EARNEST MONEY DEPOSIT.

(a) If a rental application is rejected by the landlord, the entire amount of any earnest money deposit shall be immediately refunded to the prospective tenant.
(b) If a rental agreement is entered into, the entire amount of any earnest money deposit shall be applied toward the payment of rent or a security deposit, or returned to the tenant.

(2) LIMITATIONS ON EARNEST MONEY WITHHOLDING.

(a) No portion of an earnest money deposit may be permanently withheld by a landlord in excess of actual costs of damages incurred because of the failure of a prospective tenant to enter into a rental agreement. Deposits may not be permanently withheld as compensation for lost rents unless the landlord has made reasonable efforts to mitigate the rental loss in accordance with section 704.19, statutes.
(b) Upon request by any person giving an earnest money deposit, the landlord shall provide that person with a written statement accounting for all amounts permanently withheld from the deposit.

ATCP 134.06 Security deposits.

(1) CHECK-IN PROCEDURES; PRE-EXISTING DAMAGES. Whenever a security deposit is required, the landlord shall:

(a) Upon acceptance of the deposit, inform the tenant that the tenant may inspect the dwelling unit and notify the landlord of any damages or defects which existed before the beginning of the tenancy. The tenant shall be given at least 7 days after the beginning of tenancy for the inspection and notification.
(b) Furnish the tenant with a written itemized description of any physical damages or defects for which deductions from the previous tenant's security deposit were made. The description shall be furnished to the new tenant before a security deposit is accepted, or at the same time the previous tenant is notified of security deposit deductions under subparagraph (4), whichever occurs later. If damages or defects have been repaired by the landlord, this may be noted in connection with the damage description. Disclosure of the previous tenant's security deposit, is not required.

(2) RETURN OF SECURITY DEPOSITS. The landlord shall, within 21 days after surrender of the premises, return all security deposits less any amounts withheld by the landlord. Deposits shall be returned in person, or by mail to the last known address of the tenant.

(3) LIMITATIONS ON SECURITY DEPOSIT WITHHOLDING.

(a) Except for other reasons clearly agreed upon in writing at the time the rental agreement is entered into, other than in a form provision, security deposits may be withheld only for tenant damage, waste or neglect of the premises, or for nonpayment of:

1. Rent for which the tenant is legally responsible, subject to section 704.29, statutes.
2. Actual amounts owed for utility service provided by the landlord under terms of the rental agreement and not included in the rent.
3. Actual amounts owed by the tenant for direct utility service provided by a government-owned utility, to the extent that the landlord becomes liable for the tenant's nonpayment.
4. Mobile home parking fees assessed against the tenant by a local unit of government under section 66.058(3), statutes, to the extent that the landlord becomes liable for the tenant's nonpayment.

(b) Nothing in this subsection shall be construed as authorizing any withholding for normal wear and tear or other damages or losses for which the tenant is not otherwise responsible under applicable law.

(4) SECURITY DEPOSIT WITHHOLDING; STATEMENT OF CLAIMS.

(a) If any portion of a security deposit is withheld by a landlord, the landlord shall, within the time period and in the manner specified under subparagraph (2), deliver or mail to the tenant a written statement accounting for all amounts withheld. The statement shall describe each item of physical damages or other claim made against the security deposit, and the amount withheld as reasonable compensation for each item or claim.
(b) No landlord may intentionally misrepresent or falsify any claim against a security deposit, including the cost of repairs, or withhold any portion of a security deposit pursuant to an intentionally falsified claim.

(5) TENANT FAILURE TO LEAVE FORWARDING ADDRESS. A landlord who has otherwise complied with this section shall not be considered in violation solely because the postal service has been unable to complete mail delivery to the person addressed. This subsection does not affect any other rights that a tenant may have under law to the return of a security deposit.

704.17 Notice terminating tenancies for failure to pay rent or other breach by tenant.

(1) MONTH TO MONTH AND WEEK TO WEEK TENANCIES.

(a) If a month to month tenant or a week to week tenant fails to pay rent when due, the tenant's tenancy is terminated if the landlord gives the tenant notice requiring the tenant to pay rent or vacate on or before a date at least 5 days after the giving of the notice and if the tenant fails to pay accordingly. A month to month tenancy is terminated if the landlord, while the tenant is in default in payment of rent, gives the tenant notice requiring the tenant to vacate on or before a date at least 14 days after the giving of the notice.
(b) If a month to month tenant commits waste or a material violation of s. 704.07 (3) or breaches any covenant or condition of the tenant's agreement, other than for payment of rent, the tenancy can be terminated if the landlord gives the tenant notice requiring the tenant to vacate on or before a date at least 14 days after the giving of the notice.
(c) A property owner may terminate the tenancy of a week to week or month to month tenant if the property owner receives written notice from a law enforcement agency of a city, town or village that a nuisance under s. 823.113 (1) exists in that tenant's rental unit or was caused by that tenant on the property owner's property and if the property owner gives the tenant written notice requiring the tenant to vacate on or before a date at least 5 days after the giving of the notice. The notice shall state the basis for its issuance and the right of the tenant to contest the termination of tenancy in an eviction action under ch. 799. If the tenant contests the termination of tenancy, the tenancy may not be terminated without proof by the property owner by the greater preponderance of the credible evidence of the allegation in the notice from the law enforcement agency of a city, town or village that a nuisance under s. 823.113 (1) exists in that tenant's rental unit or was caused by that tenant.

(2) TENANCIES UNDER A LEASE FOR ONE YEAR OR LESS, AND YEAR TO YEAR TENANCIES.

(a) If a tenant under a lease for a term of one year or less, or a year to year tenant, fails to pay any installment of rent when due, the tenant's tenancy is terminated if the landlord gives the tenant notice requiring the tenant to pay rent or vacate on or before a date at least 5 days after the giving of the notice and if the tenant fails to pay accordingly. If a tenant has been given such a notice and has paid the rent on or before the specified date, or been permitted by the landlord to remain in possession contrary to such notice, and if within one year of any prior default in payment of rent for which notice was given the tenant fails to pay a subsequent installment of rent on time, the tenant's tenancy is terminated if the landlord, while the tenant is in default in payment of rent, gives the tenant notice to vacate on or before a date at least 14 days after the giving of the notice.
(b) If a tenant under a lease for a term of one year or less, or a year to year tenant, commits waste or a material violation of s. 704.07 (3) or breaches any covenant or condition of the tenant's lease, other than for payment of rent, the tenant's tenancy is terminated if the landlord gives the tenant a notice requiring the tenant to remedy the default or vacate the premises on or before a date at least 5 days after the giving of the notice, and if the tenant fails to comply with such notice. A tenant is deemed to be complying with the notice if promptly upon receipt of such notice the tenant takes reasonable steps to remedy the default and proceeds with reasonable diligence, or if damages are adequate protection for the landlord and the tenant makes a bona fide and reasonable offer to pay the landlord all damages for the tenant's breach. If within one year from the giving of any such notice, the tenant again commits waste or breaches the same or any other covenant or condition of the tenant's lease, other than for payment of rent, the tenant's tenancy is terminated if the landlord, prior to the tenant's remedying the waste or breach, gives the tenant notice to vacate on or before a date at least 14 days after the giving of the notice.
(c) A property owner may terminate the tenancy of a tenant who is under a lease for a term of one year or less or who is a year to year tenant if the property owner receives written notice from a law enforcement agency of a city, town or village that a nuisance under s. 823.113 (1) exists in that tenant's rental unit or was caused by that tenant on the property owner's property and if the property owner gives the tenant written notice requiring the tenant to vacate on or before a date at least 5 days after the giving of the notice. The notice shall state the basis for its issuance and the right of the tenant to contest the termination of tenancy in an eviction action under ch. 799. If the tenant contests the termination of tenancy, the tenancy may not be terminated without proof by the property owner by the greater preponderance of the credible evidence of the allegation in the notice from the law enforcement agency of a city, town or village that a nuisance under s. 823.113 (1) exists in that tenant's rental unit or was caused by that tenant.

(3) LEASE FOR MORE THAN ONE YEAR.

(a) If a tenant under a lease for more than one year fails to pay rent when due, or commits waste, or breaches any other covenant or condition of the tenant's lease, the tenancy is terminated if the landlord gives the tenant notice requiring the tenant to pay the rent, repair the waste, or otherwise comply with the lease on or before a date at least 30 days after the giving of the notice, and if the tenant fails to comply with the notice. A tenant is deemed to be complying with the notice if promptly upon receipt of the notice the tenant takes reasonable steps to remedy the default and proceeds with reasonable diligence, or if damages are adequate protection for the landlord and the tenant makes a bona fide and reasonable offer to pay the landlord all damages for the tenant's breach; but in case of failure to pay rent, all rent due must be paid on or before the date specified in the notice.
(b) A property owner may terminate the tenancy of a tenant who is under a lease for a term of more than one year if the property owner receives written notice from a law enforcement agency of a city, town or village that a nuisance under s. 823.113 (1) exists in that tenant's rental unit or was caused by that tenant on the property owner's property and if the property owner gives the tenant written notice to vacate on or before a date at least 5 days after the giving of the notice. The notice shall state the basis for its issuance and the right of the tenant to contest the termination of tenancy in an eviction action under ch. 799. If the tenant contests the termination of tenancy, the tenancy may not be terminated without proof by the property owner by the greater preponderance of the credible evidence of the allegation in the notice from the law enforcement agency of a city, town or village that a nuisance under s. 823.113 (1) exists in that tenant's rental unit or was caused by that tenant.

(4) FORM OF NOTICE AND MANNER OF GIVING. Notice must be in writing and given as specified in s. 704.21. If so given, the ten-ant is not entitled to possession or occupancy of the premises after the date of termination specified in the notice.

(5) CONTRARY PROVISION IN THE LEASE. Provisions in the lease or rental agreement for termination contrary to this section are in-valid except in leases for more than one year.

History: 1981 c. 286; 1993 a. 139, 486. Only a limited number of defenses may be raised in an eviction action, including such defenses as the landlord's title to the premises and whether the eviction was in retaliation for the tenant's reporting housing violations, but not including those raised by defendants as to violation of federal antitrust and state franchise laws as well as public policy defenses. Clark Oil & Refining Corp. v. Leistikow, 69 W (2d) 226, 230 NW (2d) 736.

(1) SCOPE OF SECTION. The following types of tenancies, however created, are subject to this section:

(a) A periodic tenancy, whether a tenancy from year to year, from month to month, or for any other periodic basis according to which rent is regularly payable; and
(b) A tenancy at will.

(2) REQUIREMENT OF NOTICE. Such a tenancy can be terminated by either the landlord or the tenant only by giving to the other party written notice complying with this section, unless

(a) the parties have agreed expressly upon another method of termination and such agreement is established by clear and convincing proof,
(b) termination has been effected by a surrender of the premises, or
(c) sub. (6) applies. A periodic tenancy can be terminated by notice under this section only at the end of a rental period; in the case of a tenancy from year to year the end of the rental period is the end of the rental year even though rent is payable on a more frequent basis. Nothing in this section prevents termination of a tenancy for nonpayment of rent or breach of any other condition of the tenancy, as provided in s. 704.17.

(3) LENGTH OF NOTICE. 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.

(4) CONTENTS OF NOTICE. Notice must be in writing, formal or informal, and substantially inform the other party to the landlord tenant relation of the intent to terminate the tenancy and the date of termination. A notice is not invalid because of errors in the notice which do not mislead, including omission of the name of one of several landlords or tenants.

(5) EFFECT OF INACCURATE TERMINATION DATE IN NOTICE.

If a notice provides that a periodic tenancy is to terminate on the first day of a succeeding rental period rather than the last day of a rental period, and the notice was given in sufficient time to terminate the tenancy at the end of the rental period, the notice is valid; if the notice was given by the tenant, the landlord may require the tenant to remove on the last day of the rental period, but if the notice was given by the landlord the tenant may remove on the last day specified in the notice. If a notice specified any other inaccurate termination date, because it does not allow the length of time required under sub. (3) or because it does not correspond to the end of a rental period in the case of a periodic tenancy, the notice is valid but not effective until the first date which could have been properly specified in such notice subsequent to the date specified in the notice, but the party to whom the notice is given may elect to treat the date specified in the notice as the legally effective date. If a notice by a tenant fails to specify any termination date, the notice is valid but not effective until the first date which could have been properly specified in such notice as of the date the notice is given.

(6) TENANT MOVING OUT WITHOUT NOTICE. If any periodic tenant vacates the premises without notice to the landlord and fails to pay rent when due for any period, such tenancy is terminated as of the first date on which it would have terminated had the landlord been given proper notice on the day the landlord learns of the removal.

(7) WHEN NOTICE GIVEN. Notice is given on the day specified below, which is counted as the first day of the notice period:

(a) The day of giving or leaving under s. 704.21 (1) (a) and (2) (a) and (b);
(b) The day of leaving or affixing a copy or the date of mailing, whichever is later, under s. 704.21 (1) (b) and (c);
(c) The 2nd day after the day of mailing if the mail is addressed to a point within the state, and the 5th day after the day of mailing in all other cases, under s. 704.21 (1) (d) and (2) (c);
(d) The day of service under s. 704.21 (1) (e) and (2) (d).
(e) The day of actual receipt by the other party under s. 704.21 (5).

(8) EFFECT OF NOTICE. If a notice is given as required by this section, the tenant is not entitled to possession or occupancy of the premises after the date of termination as specified in the notice.

History: 1993 a. 486. A landlord cannot evict a tenant solely because the tenant has reported building code violations. Dickhut v. Norton, 45 W (2d) 389, 173 NW (2d) 297. Retaliatory eviction as a defense. 54 MLR 239. Landlords' liability for defective premises: caveat lessee, negligence, or strict liability? Love, 1975 WLR

(1) NOTICE BY LANDLORD. Notice by the landlord or a person in the landlord's behalf must be given under this chapter by one of the following methods:

(a) By giving a copy of the notice personally to the tenant or by leaving a copy at the tenant's usual place of abode in the presence of some competent member of the tenant's family at least 14 years of age, who is informed of the contents of the notice;
(b) By leaving a copy with any competent person apparently in charge of the rented premises or occupying the premises or a part thereof, and by mailing a copy by regular or other mail to the tenant's last known address;
(c) If notice cannot be given under par. (a) or (b) with reasonable diligence, by affixing a copy of the notice in a conspicuous place on the rented premises where it can be conveniently read and by mailing a copy by regular or other mail to the tenant's last known address; (d) By mailing a copy of the notice by registered or certified mail to the tenant at the tenant's last known address; (e) By serving the tenant as prescribed in s. 801.11 for the service of a summons.

(2) NOTICE BY TENANT. Notice by the tenant or a person in the tenant's behalf must be given under this chapter by one of the following methods:

(a) By giving a copy of the notice personally to the landlord or to any person who has been receiving rent or managing the property as the landlord's agent, or by leaving a copy at the landlord's usual place of abode in the presence of some competent member of the landlord's family at least 14 years of age, who is informed of the contents of the notice;
(b) By giving a copy of the notice personally to a competent person apparently in charge of the landlord's regular place of business or the place where the rent is payable;
(c) By mailing a copy by registered or certified mail to the landlord at the landlord's last known address or to the person who has been receiving rent or managing the property as the landlord's agent at that person's last known address;
(d) By serving the landlord as prescribed in s. 801.11 for the service of a summons.

(3) CORPORATION OR PARTNERSHIP. If notice is to be given to a corporation notice may be given by any method provided in sub. (1) or (2) except that notice under sub. (1) (a) or (2) (a) may be given only to an officer, director, registered agent or managing agent, or left with an employee in the office of such officer or agent during regular business hours. If notice is to be given to a partnership, notice may be given by any method in sub. (1) or (2) except that notice under sub. (1) (a) or (2) (a) may be given only to a general partner or managing agent of the partnership, or left with an employee in the office of such partner or agent during regular business hours, or left at the usual place of abode of a general partner in the presence of some competent member of the general partner's family at least 14 years of age, who is informed of the contents of the notice.

(4) NOTICE TO ONE OF SEVERAL PARTIES. If there are 2 or more landlords or 2 or more cotenants of the same premises, notice given to one is deemed to be given to the others also.

(5) EFFECT OF ACTUAL RECEIPT OF NOTICE. If notice is not properly given by one of the methods specified in this section, but is actually received by the other party, the notice is deemed to be properly given; but the burden is upon the party alleging actual receipt to prove the fact by clear and convincing evidence.

History: Sup. Ct. Order, 67 W (2d) 585, 777 (1975); 1993 a. 486.

If a tenant remains in possession without consent of the tenant's landlord after expiration of a lease or termination of a tenancy by notice given by either the landlord or the tenant, or after termination by valid agreement of the parties, the landlord may recover from the tenant damages suffered by the landlord because of the failure of the tenant to vacate within the time required. In absence of proof of greater damages, the landlord may recover as minimum damages twice the rental value apportioned on a daily basis for the time the tenant remains in possession. As used in this section, rental value means the amount for which the premises might reasonably have been rented, but not less than the amount actually paid or payable by the tenant for the prior rental period, and includes the money equivalent of any obligations undertaken by the tenant as part of the rental agreement, such as payment of taxes, insurance and repairs.

History: 1993 a. 486. This section requires a minimum award of double rent where greater damages have not been proved. Vincenti v. Stewart, 107 W (2d) 651, 321 NW (2d) 340 (Ct. App. 1982). "Rental value" includes only those obligations tenant is required to pay during holdover period regardless of whether or not tenant uses premises. Univest Corp. v. General Split Corp. 148 W (2d) 29, 435 NW (2d) 234 (1989).

(1) Except as otherwise provided in this chapter, all provisions of chs. 801 to 847 with respect to jurisdiction of the persons of defendants, the procedure of commencing civil actions, and the mode and manner of service of process, shall apply to actions and proceedings under this chapter.
(2) Any circuit court may by rule authorize the service of summons in some or all actions under this chapter, except eviction actions, by mail under sub. (3) in lieu of personal or substituted service under s. 801.11.
(3) If authorized by court rule under sub. (2), service may be made by mail by leaving the original and necessary copies of the summons with the clerk of court, together with the fee prescribed in s. 814.62 (4). The court may by rule require the use of certified mail with return receipt requested, in which event the additional fee prescribed in s. 814.62 (4) shall be paid for each defendant. The clerk shall mail a copy to each defendant at the last known address as specified in the summons. Service of the summons is considered completed when it is mailed, unless the envelope enclosing the summons has been returned unopened to the clerk prior to the return date. All mailing of summonses shall be done in envelopes upon which the clerk's return address appears, with a request to return to that address. Service by mail to obtain a personal judgment shall be limited to the county where the action is commenced.
(4) If with reasonable diligence the defendant cannot be served by personal or substituted service under s. 801.11, or if mailed service is authorized under sub. (2) and the envelope enclosing the summons is returned unopened to the clerk, service may be made by mailing and publication under sub. (6). The clerk shall issue a new return date allowing timely publication of a class 1 notice under ch. 985.

NOTE: Sub. (4) is shown as amended eff. 1 1 96 by Sup. Ct. Order 95 10. Prior to 1 1 96 it reads: (4) If with reasonable diligence the defendant cannot be served by personal or substituted service under s. 801.11, or if mailed service is authorized under sub. (2) and the envelope enclosing the summons is returned unopened to the clerk, service may be made by mailing and publication under sub. (6). The clerk shall issue a new return date allowing timely publication of a class 3 notice under ch. 985.

(5) Section 345.09 shall not apply to actions under this chapter.

(6)

(a) Service by mailing and publication authorized under sub. (4) may be made as provided in s. 801.11 (1) (c) or as provided in this subsection.
(b) If the defendant's post office address can be ascertained with reasonable diligence, service may be made by mailing to the defendant a copy of the summons at or immediately prior to the publication of the summons or a notice under par. (c) as a class 1 notice under ch. 985.

NOTE: Par. (b) is shown as amended eff. 1 1 96 by Sup. Ct. Order 95 10. Prior to 1 1 96 it reads: (b) If the defendant's post office address can be ascertained with reasonable diligence, service may be made by mailing to the defendant a copy of the summons at or immediately prior to the first publication and by publishing the summons or a notice under par (c) as a class 3 notice under ch. 985 in the form under par. (c).

(c) If the defendant's post office address cannot be ascertained with reasonable diligence, the mailing may be omitted and service may be made by publishing as a class 1 notice under ch. 985 a notice in substantially the following form, except as provided in s. 799.22 (4) (b) 3.:

NOTE: Par. (c) (intro.) is shown as amended eff. 1 1 96 by Sup. Ct. Order 95 10. Prior to 1 1 96 it reads: (c) If the defendant's post office address cannot be ascertained with reason-able diligence, the mailing may be omitted and service may be made by publishing as a class 3 notice under ch. 985 a notice in substantially the following form, except as provided in s. 799.22 (4) (b) 3.:

SMALL CLAIMS SUMMONS NUMBER .... 
     ....(Defendant's Name) 
     ....(Defendant's Address, if known) 
          You are being sued by .... (plaintiff's name) in the small claims
     court for .... County, .... (room number, address and telephone
     number of the court). A hearing will be held at .... o'clock (a.m.)
     (p.m.), on ...., 19... If you do not appear, a judgment may be given
     to the person suing you. [A copy of the claim has been mailed to
     you at the address above.] 
     (7) Any circuit court may by rule authorize service of the
     summons and complaint prior to filing and authentication thereof,
     provided the appropriate fee under s. 814.62 is paid before the
     summons is issued and the summons is not reusable for a different
     defendant. 
                            

History: Sup. Ct. Order, 67 W (2d) 585, 776 (1975); 1977 c. 449 s. 497; 1979 c. 32 ss. 66, 92 (16); 1979 c. 89, 176; Stats. 1979 s. 799.12; 1981 c. 317; 1987 a. 208; Sup. Ct. Order No. 95 10, filed 12 6 95, eff. 1 1 96, 195 W (2d) ____ (1995).

(1) ENTRY OF JUDGMENT OR ORDER; NOTICE OF ENTRY THEREOF. When a judgment or an order is rendered, the judge, court commissioner or clerk shall immediately enter it in the case docket and note the date thereof which shall be the date of entry of judgment or order. The clerk, except in municipal and county forfeiture actions, shall mail a notice of entry of judgment to the parties or their attorneys at their last known address within 5 days of its entry. Any such judgment shall be a docketed judgment for all purposes upon payment of the fee prescribed in s. 814.62 (3) (c). The clerk shall enter the docketed judgment in an appropriate judgment record.

(2) APPLICABILITY OF SECTION 806.15. Section 806.15 shall apply with respect to docketed judgments.

(3) STIPULATED DISMISSAL. Prior to the entry of judgment, upon stipulation of the parties to a schedule for compliance with the stipulation, the court or court commissioner may enter a stipulated judgment of dismissal in lieu thereof. Any such judgment may be vacated without notice to the obligated party, and the unsatisfied portion thereof entered, upon application by the prevailing party and proof by affidavit of noncompliance with the terms of the stipulation.

History: Sup. Ct. Order, 67 W (2d) 585, 776 (1975); 1977 c. 345; 1979 c. 32 s. 66; Stats. 1979 s. 799.24; 1981 c. 317; 1983 a. 302 s. 8; 1987 a. 208. Where written notice of entry of judgment showed incorrect date of entry, time to appeal under 808.04 (1) was not shortened to 45 days. Mock v. Czemierys, 113 W (2d) 207, 336 NW (2d) 188 (Ct. App. 1983). A judgment for payment of a forfeiture can be docketed, accumulates interest at 12% and may be enforced through collection remedies available in other civil proceedings. OAG 2 95.

(1) WHEN COMMENCED. A civil action of eviction may be commenced by a person entitled to the possession of real property to remove therefrom any person who is not entitled to either the possession or occupancy of such real property.

(2) JOINDER OF OTHER CLAIMS. The plaintiff may join with the claim for restitution of the premises any other claim against the defendant arising out of the defendant's possession or occupancy of the premises.

(3) EXCEPTION. Nothing in this section shall affect ss. 704.09 (4) and 704.19.

(4) STAY OF PROCEEDING. The court shall stay the proceedings in a civil action of eviction if the tenant applies for emergency assistance under s. 49.19 (11) (b). The tenant shall inform the court of the outcome of the determination of eligibility for emergency assistance. The stay remains in effect until the tenant's eligibility for emergency assistance is determined and, if the tenant is determined to be eligible, until the tenant receives the emergency assistance.

History: 1979 c. 32 s. 66; 1979 c. 176; Stats. 1979 s. 799.40; 1991 a. 39. Constructive eviction discussed. First Wis. Trust Co. v. L. Wiemann Co. 93 W (2d) 258, 286 NW (2d) 360 (1980). Eviction practice in Wisconsin. Boden, 54 MLR 298. Burden of proof required to establish defense of retaliatory eviction. 1971 WLR 939. Tenant eviction protection and takings clause. Manheim. 1989 WLR 925 (1989).

The complaint shall be in writing and subscribed by the plaintiff or attorney in accordance with s. 802.05. The complaint shall identify the parties and the real property which is the subject of the action and state the facts which authorize the removal of the defendant. The description of real property is sufficient, whether or not it is specific, if it reasonably identifies what is described. A description by street name and number is sufficient. If the complaint relates only to a portion of described real estate, that portion shall be identified. If a claim in addition to the claim for restitution is joined under s. 799.40 (2), the claim shall be separately stated. The prayer shall be for the removal of the defendant or the property or both and, if an additional claim is joined, for the other relief sought by the plaintiff.

History: Sup. Ct. Order, 67 W (2d) 585, 766 (1975); 1975 c. 218; 1979 c. 32 ss. 66, 92 (16); Stats. 1979 s. 799.41; 1987 a. 403.

The complaint shall be served with the summons when personal or substituted service is had under s. 799.12 (1).

History: 1979 c. 32 ss. 66, 92 (16); Stats. 1979 s. 799.42; 1987 a. 208.

The defendant may plead to the complaint orally or in writing, except that if the plaintiff's title is put in issue by the defendant, the answer shall be in writing and subscribed in the same manner as the complaint. Within the limitation of s. 799.02 the defendant may counterclaim provided that in construing s. 799.02 as applied to eviction actions, any claim related to the rented property shall be considered as arising out of the transaction or occurrence which is the subject matter of the plaintiff's claim.

History: Sup. Ct. Order, 67 W (2d) 585, 766 (1975); 1975 c. 218; 1979 c. 32 ss. 66, 92 (16); Stats. 1979 s. 799.43. Counterclaims relating to oral agreements to pay increased rent, unfair trade practices, oral guarantees and interference with quiet enjoyment were properly dismissed as extrinsic to the lease. Scalzo v. Anderson, 87 W (2d) 834, 275 NW (2d) 894 (1979).

(1) ORDER FOR JUDGMENT. In an eviction action, if the court finds that the plaintiff is entitled to possession, the order for judgment shall be for the restitution of the premises to the plaintiff and, if an additional cause of action is joined under s. 799.40 (2) and plaintiff prevails thereon, for such other relief as the court orders. Judgment shall be entered accordingly as provided in s. 799.24.

(2) WRIT OF RESTITUTION. At the time of ordering judgment for the restitution of premises, the court shall order that a writ of restitution be issued, and the writ may be delivered to the sheriff for execution in accordance with s. 799.45. No writ shall be executed if received by the sheriff more than 30 days after its issuance.

(3) STAY OF WRIT OF RESTITUTION. At the time of ordering judgment, upon application of the defendant with notice to the plaintiff, the court may, in cases where it determines hardship to exist, stay the issuance of the writ by a period not to exceed 30 days from the date of the order for judgment. Any such stay shall be conditioned upon the defendant paying all rent or other charges due and unpaid at the entry of judgment and upon the defendant paying the reasonable value of the occupancy of the premises, including reasonable charges, during the period of the stay upon such terms and at such times as the court directs. The court may further require the defendant, as a condition of such stay, to give a bond in such amount and with such sureties as the court directs, conditioned upon the defendant's faithful performance of the conditions of the stay. Upon the failure of the defendant to perform any of the conditions of the stay, the plaintiff may file an affidavit executed by the plaintiff or attorney, stating the facts of such default, and the writ of restitution may forthwith be issued.

(4) WRIT OF RESTITUTION; FORM AND CONTENTS. The writ of restitution shall be in the name of the court, sealed with its seal, signed by its clerk, directed to the sheriff of the county in which the real property is located, and in substantially the following form:

     (Venue and caption) 
     THE STATE OF WISCONSIN To the Sheriff of .... County: 
     The plaintiff, ...., of .... recovered a judgment against the defendant,
     ...., of ...., in an eviction action in the Circuit Court of .... County,
     on the .... day of ...., 19.., to have restitution of the following
     described premises: 
     .... (description as in complaint), located in .... County, Wisconsin.
     YOU ARE HEREBY COMMANDED To immediately remove the
     defendant, ...., from the said premises and to restore the plaintiff,
     ...., to the possession thereof. You are further commanded to
     remove from said premises all personal property not the property of
     the plaintiff, and to store and dispose of the same according to law,
     and to make due return of this writ within ten days. Witness the
     Honorable ...., Judge of the said Circuit Court, this .... day of ....,
     19.. .... Clerk 
                            

History: 1977 c. 449 s. 497; 1979 c. 32 ss. 66, 92 (16); 1979 c. 176; Stats. 1979 s. 799.44.

An appeal in an eviction action shall be initiated within 15 days of the entry of judgment or order as specified in s. 808.04 (2). An order for judgment for restitution of the premises under s. 799.44 (1) or for denial of restitution is appealable as a matter of right under s. 808.03 (1) within 15 days after the entry of the order for judgment for restitution or for denial of restitution. An order for judgment for additional causes of action is appealable as a matter of right under s. 808.03 (1) within 15 days after the entry of the order for judgment for the additional causes of action. No appeal by a defendant of an order for judgment for restitution of the premises may stay proceedings on the judgment unless the appellant serves and files with the notice of appeal an undertaking to the plaintiff, in an amount and with surety approved by the judge who ordered the entry of judgment. The undertaking shall provide that the appellant will pay all costs and disbursements of the appeal which may be taxed against the appellant, obey the order of the appellate court upon the appeal and pay all rent and other damages accruing to the plaintiff during the pendency of the appeal. Upon service and filing of this undertaking, all further proceedings in enforcement of the judgment appealed from are stayed pending the determination of the appeal. Upon service by the appellant of a copy of the notice and appeal and approved undertaking upon the sheriff holding an issued but unexecuted writ of restitution or of execution, the sheriff shall promptly cease all further proceedings pending the determination of the appeal. If the tenant fails to pay rent when due, or otherwise defaults in the terms of the undertaking, the payment guaranteed by the undertaking with surety shall be payable immediately to the plaintiff and shall not be held in escrow by the court. Upon the failure of the tenant to pay rent when due, or upon other default by the tenant in the terms of the undertaking, the stay of proceedings shall be dismissed and the sheriff shall immediately execute the writ of restitution.

History: 1983 a. 219 s. 39; 1993 a. 466. Judicial Council Note, 1983: This section is renumbered from s. 808.07 (7), and amended to replace the appeal deadline of 10 days after mailing notice of entry of judgment by the time period specified in s. 808.04 (2), for greater uniformity. The appeal deadline established by that statute applies regardless of whether the action has been tried to a 12 person jury. [Bill 151 S]

(1) WHEN EXECUTED. Upon delivery of a writ of restitution to the sheriff, and after payment to the sheriff of the fee required by s. 814.70 (8), the sheriff shall execute the writ. The sheriff may require that prior to the execution of any writ of restitution the plaintiff deposit a reasonable sum representing the probable cost of removing the defendant's property chargeable to the plaintiff under s. 814.70 (8) and (10) and of the services of deputies under s. 814.70 (8). In case of dispute as to the amount of such required deposit, the amount thereof shall be determined by the court under s. 814.70 (10).

(2) HOW EXECUTED; DUTIES OF SHERIFF. In executing the writ of restitution the sheriff shall:

(a) Remove from the premises described in the writ the person of the defendant and all other persons found upon the premises claiming under the defendant, using such reasonable force as is necessary.
(b) Remove from the premises described in the writ, using such reasonable force as may be necessary, all personal property found therein not the property of the plaintiff. (c) Exercise ordinary care in the removal of all persons and property from the premises and in the handling and storage of all property removed therefrom.

(3) MANNER OF REMOVAL AND DISPOSITION OF REMOVED GOODS.

(a) In accomplishing the removal of property from the premises described in the writ, the sheriff is authorized to engage the services of a mover or trucker.
(b) Except as provided in par. (c), the property removed from such premises shall be taken to some place of safekeeping within the county selected by the sheriff. Within 3 days of the removal of the goods, the sheriff shall mail a notice to the defendant as specified in sub. (4) stating the place where the goods are kept and shall deliver to the defendant any receipt or other document required to obtain possession of the goods. Warehouse or other similar receipts issued with respect to goods stored by the sheriff under this subsection shall be taken in the name of the defendant. All expenses incurred for storage and other like charges after delivery by the sheriff to a place of safekeeping shall be the responsibility of the defendant, and any person accepting goods from the sheriff for storage under this subsection shall have all of the rights and remedies accorded by law against the defendant personally and against the property stored for the collection of such charges, including the lien of a warehouse keeper under s. 407.209. Risk of damages to or loss of such property shall be borne by the defendant after delivery by the sheriff to the place of safekeeping.
(c) When, in the exercise of ordinary care, the sheriff determines that property removed from premises described in the writ is without monetary value, the sheriff may deliver or cause the same to be delivered to some appropriate place established for the collection, storage and disposal of refuse. In such case the sheriff shall notify the defendant as specified in sub. (4) of the place to which the goods have been delivered within 3 days of the removal of the goods. The exercise of ordinary care by the sheriff under this subsection does not include searching apparently valueless property for hidden or secreted articles of value.
(d) All of the rights and duties of the sheriff under this section may be exercised by or delegated to any of the deputies.

(4) MANNER OF GIVING NOTICE TO DEFENDANT. All notices required by sub. (3) to be given to the defendant by the sheriff shall be in writing and shall be personally served upon the defendant or mailed to the defendant at the last known address, even if such address be the premises which are the subject of the eviction action.

(5) RETURN OF WRIT; TAXATION OF ADDITIONAL COSTS.

(a) Within 10 days of the receipt of the writ, the sheriff shall execute the writ and perform all of the duties required by this section and return the same to the court with the sheriff's statement of the expenses and charges incurred in the execution of the writ and paid by the plaintiff.
(b) Upon receipt of the returned writ and statement from the sheriff, the clerk shall tax and insert in the judgment as prescribed by s. 799.25 the additional costs incurred by the plaintiff.

History: 1979 c. 32 ss. 66, 92 (16); 1979 c. 176; Stats. 1979 s. 799.45; 1981 c. 317 s. 2202; 1983 a. 500 s. 43; 1993 a. 486. Sheriff was liable in official capacity for actions of deputy executing untimely writ of restitution. Wolf Lillie v. Sonquist, 699 F (2d) 864 (1983). See note to 407.210, citing Wegwart v. Eagle Movers, Inc. 441 F Supp. 872.