Wisconsin Landlord Tenant Law - Click here to return to US Landlord

State of Wisconsin Landlord Tenant Law

1 93 94 Wis. Stats. 
CHAPTER 704
LANDLORD AND TENANT

704.01 Definitions. 
704.03 Requirement of writing for rental agreements and termination. 
704.05 Rights and duties of landlord and tenant in absence of written agreement to contrary. 
704.06 Water heater thermostat settings. 
704.07 Repairs; untenantability. 
704.09 Transferability; effect of assignment or transfer; remedies. 
704.11 Lien of landlord. 
704.13 Acts of tenant not to affect rights of landlord. 
704.15 Requirement that landlord notify tenant of automatic renewal clause. 
704.17 Notice terminating tenancies for failure to pay rent or other breach by ten-ant.
704.19 Notice necessary to terminate periodic tenancies and tenancies at will. 
704.21 Manner of giving notice. 
704.22 Service of process in residential tenancy on nonresident party. 
704.23 Removal of tenant on termination of tenancy. 
704.25 Effect of holding over after expiration of lease; removal of tenant. 
704.27 Damages for failure of tenant to vacate at end of lease or after notice. 
704.29 Recovery of rent and damages by landlord; mitigation. 
704.31 Remedy on default in long terms; improvements. 
704.40 Remedies available when tenancy dependent upon life of another terminates.
704.45 Retaliatory conduct in residential tenancies prohibited. 
704.90 Self service storage facilities.

704.01 Definitions. In this chapter, unless the context indicates otherwise: 
(1) "Lease" means an agreement, whether oral or written, for transfer of possession of real
property, or both real and personal property, for a definite period of time. A lease is for a
definite period of time if it has a fixed commencement date and a fixed expiration date or if the
commencement and expiration can be ascertained by reference to some event, such as
completion of a building. A lease is included within this chapter even though it may also be
treated as a conveyance under ch. 706. An agreement for transfer of possession of only
personal property is not a lease. 
(2) "Periodic tenant" means a tenant who holds possession without a valid lease and pays rent
on a periodic basis. It includes a tenant from day to day, week to week, month to month,
year to year or other recurring interval of time, the period being determined by the intent of
the parties under the circumstances, with the interval between rent paying dates normally
evidencing that intent. 
(3) "Premises" mean the property covered by the lease, including not only the realty and
fixtures, but also any personal property furnished with the realty. 
(4) "Tenancy" includes a tenancy under a lease, a periodic tenancy or a tenancy at will. 
(5) "Tenant at will" means any tenant holding with the permission of the tenant's landlord
without a valid lease and under circumstances not involving periodic payment of rent; but a
person holding possession of real property under a contract of purchase or an employment
contract is not a tenant under this chapter. 

History: 1983 a. 189; 1993 a. 486. Landlords' liability for defective premises: caveat lessee, negligence, or strict li-
ability? Love, 1975 WLR 19.


704.03 Requirement of writing for rental agreements and termination. 
(1) ORIGINAL AGREEMENT. A lease for more than a year, or a contract to make such a
lease, is not enforceable unless it meets the requirements of s. 706.02 and in addition sets
forth the amount of rent or other consideration, the time of commencement and expiration of
the lease and a reasonably definite description of the premises, or unless a writing signed by
the landlord and the tenant sets forth the amount of rent or other consideration, the duration of
the lease and a reasonably definite description of the premises and the commencement date
is established by entry of the tenant into possession under the writing. Sections 704.05 and
704.07 govern as to matters within the scope of such sections and not provided for in such
written lease or contract. 
(2) ENTRY UNDER UNENFORCEABLE LEASE. If a tenant enters into possession under a
lease for more than one year which does not meet the requirements of sub. (1), and the tenant
pays rent on a periodic basis, the tenant becomes a periodic tenant. If the premises in such
case are used for residential purposes and the rent is payable monthly, the tenant becomes a
month to month tenant; but if the use is agricultural or nonresidential, the tenant becomes a
year to year tenant without regard to the rent payment periods. Except for duration of the
tenancy and matters within the scope of ss. 704.05 and 704.07, the tenancy is governed by
the terms and conditions agreed upon. Notice as provided in s. 704.19 is necessary to
terminate such a periodic tenancy. 
(3) ASSIGNMENT. An assignment by the tenant of a leasehold interest which has an
unexpired period of more than one year is not enforceable against the assignor unless the
assignment is in writing reasonably identifying the lease and signed by the assignor; and any
agreement to assume the obligations of the original lease which has an unexpired period of
more than one year is not enforceable unless in writing signed by the assignee. 
(4) TERMINATION OF WRITTEN LEASE PRIOR TO NORMAL EXPIRATION DATE. An
agreement to terminate a tenancy more than one year prior to the expiration date specified in a
valid written lease is not enforceable unless it is in writing signed by both parties. Any other
agreement between the landlord and tenant to terminate a lease prior to its normal expiration
date, or to terminate a periodic tenancy or tenancy at will without the statutory notice required
by s. 704.19 may be either oral or written. Nothing herein prevents surrender by operation of
law. 
(5) PROOF. In any case where a lease or agreement is not in writing signed by both parties
but is enforceable under this section, the lease or agreement must be proved by clear and
convincing evidence. 

History: 1993 a. 486.


704.05 Rights and duties of landlord and tenant in absence of written agreement to contrary. 
(1) WHEN SECTION APPLICABLE. So far as applicable, this section governs the rights and
duties of the landlord and tenant in the absence of any inconsistent provision in writing signed
by both the landlord and the tenant. This section applies to any tenancy. 
(2) POSSESSION OF TENANT AND ACCESS BY LANDLORD. Until the expiration date
specified in the lease, or the termination of a periodic tenancy or tenancy at will, and so long
as the tenant is not in default, the tenant has the right to exclusive possession of the premises,
except as hereafter provided. The landlord may upon advance notice and at reasonable times
inspect the premises, make repairs and show the premises to prospective tenants or
purchasers; and if the tenant is absent from the premises and the landlord reasonably believes
that entry is necessary to preserve or protect the premises, the landlord may enter without
notice and with such force as appears necessary. 
(3) USE OF PREMISES, ADDITIONS OR ALTERATIONS BY TENANT. The tenant can make
no physical changes in the nature of the premises, including decorating, removing, altering or
adding to the structures thereon, without prior consent of the landlord. The tenant cannot use
the premises for any unlawful purpose nor in such manner as to interfere unreasonably with
use by another occupant of the same building or group of buildings. 
(4) TENANT'S FIXTURES. At the termination of the tenancy, the tenant may remove any
fixtures installed by the tenant if the tenant either restores the premises to their condition prior
to the installation or pays to the landlord the cost of such restoration. Where such fixtures were
installed to replace similar fixtures which were part of the premises at the time of the
commencement of the tenancy, and the original fixtures cannot be restored the tenant may
remove fixtures installed by the tenant only if the tenant replaces them with fixtures at least
comparable in condition and value to the original fixtures. The tenant's right to remove fixtures
is not lost by an extension or renewal of a lease without reservation of such right to remove.
This subsection applies to any fixtures added by the tenant for convenience as well as those
added for purposes of trade, agriculture or business; but this subsection does not govern the
rights of parties other than the landlord and tenant. 
(5) STORAGE OR DISPOSITION OF PERSONALTY LEFT BY TENANT.
(a) Procedure. If a tenant removes from the premises and leaves personal property, the
landlord may do all of the following: 
1. Store the personalty, on or off the premises, with a lien on the personalty for the
actual and reasonable cost of removal and storage or, if stored by the landlord, for the actual
and reasonable value of storage. The landlord shall give written notice of the storage to the
tenant within 10 days after the charges begin. The landlord shall give the notice either
personally or by ordinary mail ad-dressed to the tenant's last known address and shall state
the daily charges for storage. The landlord may not include the cost of damages to the
premises or past or future rent due in the amount demanded for satisfaction of the lien. The
landlord may not include rent charged for the premises in calculating the cost of storage.
Medicine and medical equipment are not subject to the lien under this subdivision, and the
landlord shall promptly return them to the tenant upon request. 
2. Give the tenant notice, personally or by ordinary mail addressed to the tenant's
last known address, of the landlord's intent to dispose of the personalty by sale or other
appropriate means if the property is not repossessed by the tenant. If the tenant fails to
repossess the property within 30 days after the date of personal service or the date of the
mailing of the notice, the landlord may dispose of the property by private or public sale or any
other appropriate means. The landlord may deduct from the proceeds of sale any costs of sale
and any storage charges if the landlord has first stored the personalty under subd. 1. If the
proceeds minus the costs of sale and minus any storage charges are not claimed within 60
days after the date of the sale of the personalty, the landlord is not accountable to the tenant
for any of the proceeds of the sale or the value of the property. The landlord shall send the
proceeds of the sale minus the costs of the sale and minus any storage charges to the
department of administration for deposit in the appropriation under s. 20.505 (7) (gm). 
3. Store the personalty without a lien and return it to the tenant.
(c) Rights of third persons. The landlord's lien and power to dispose as provided by this
subsection apply to any property left on the premises by the tenant, whether owned by the
tenant or by others. That lien has priority over any ownership or security interest, and the
power to dispose under this subsection applies notwithstanding rights of others existing under
any claim of ownership or security interest. The tenant or any secured party has the right to
redeem the property at any time before the landlord has disposed of it or entered into a
contract for its disposition by payment of the landlord's charges under par. (a) for removal,
storage, disposition and arranging for the sale. 
(d) Other procedure. The remedies of this subsection are not exclusive and shall not prevent
the landlord from resorting to any other available judicial procedure. 

History: 1993 a. 374, 486. Constructive eviction discussed. First Wis. Trust Co. v. L. Wiemann Co. 93 W (2d) 258,
286 NW (2d) 360 (1980). Allegation in lessee's complaint that premises were undamaged did not relieve lessor of
burden to prove damages. Rivera v. Eisenberg, 95 W (2d) 384, 290 NW (2d) 539 (Ct. App. 1980).Landlords' liability
for defective premises: caveat lessee, negligence, or strict li-ability? Love, 1975 WLR 19.


704.06 Water heater thermostat settings. A landlord of premises which are subject to a
residential tenancy and served by a water heater serving only that premises shall set the
thermostat of that water heater at no higher than 125 degrees Fahrenheit before any new
tenant occupies that premises or at the minimum setting of that water heater if the minimum
setting is higher than 125 degrees Fahrenheit. 

History: 1987 a. 102.


704.07 Repairs; untenantability. 
(1) APPLICATION OF SECTION. This section applies to any nonresidential tenancy if there is
no contrary provision in writing signed by both parties and to all residential tenancies. An
agreement to waive the requirements of this section in a residential tenancy is void. Nothing in
this section is intended to affect rights and duties arising under other provisions of the statutes. 
(2) DUTY OF LANDLORD. 
(a) Unless the repair was made necessary by the negligence or improper use of the
premises by the tenant, the landlord is under duty to: 
1. Keep in reasonable state of repair portions of the premises over which the
landlord maintains control; 
2. Keep in a reasonable state of repair all equipment under the landlord's
control necessary to supply services which the landlord has expressly or impliedly agreed to
furnish to the tenant, such as heat, water, elevator or air conditioning; 
3. Make all necessary structural repairs; 
4. Except for residential premises subject to a local housing code, repair or
replace any plumbing, electrical wiring, machinery or equipment furnished with the premises
and no longer in reasonable working condition, except as provided in sub. (3) (b). 
5. For a residential tenancy, comply with a local housing code applicable to the
premises. 
(b) If the premises are part of a building, other parts of which are occupied by one or
more other tenants, negligence or improper use by one tenant does not relieve the landlord
from the landlord's duty as to the other tenants to make repairs as provided in par. (a).
(c) If the premises are damaged by fire, water or other casualty, not the result of the
negligence or intentional act of the landlord, this subsection is inapplicable and either sub. (3)
or (4) governs. 
(3) DUTY OF TENANT. (a) If the premises are damaged by the negligence or improper use of
the premises by the tenant, the tenant must repair the damage and restore the appearance of
the premises by redecorating. However, the landlord may elect to undertake the repair or
redecoration, and in such case the tenant must reimburse the landlord for the reasonable cost
thereof; the cost to the landlord is presumed reasonable unless proved otherwise by the
tenant.
(b) Except for residential premises subject to a local housing code, the tenant is also
under a duty to keep plumbing, electrical wiring, machinery and equipment furnished with the
premises in reasonable working order if repair can be made at cost which is minor in relation to
the rent. 
(c) A tenant in a residential tenancy shall comply with a local housing code applicable
to the premises. 
(4) UNTENANTABILITY. If the premises become untenantable because of damage by fire,
water or other casualty or because of any condition hazardous to health, or if there is a
substantial violation of sub. (2) materially affecting the health or safety of the tenant, the tenant
may remove from the premises unless the landlord proceeds promptly to repair or rebuild or
eliminate the health hazard or the substantial violation of sub. (2) materially affecting the health
or safety of the tenant; or the tenant may remove if the inconvenience to the tenant by reason
of the nature and period of repair, rebuilding or elimination would impose undue hardship on
the tenant. If the tenant remains in possession, rent abates to the extent the tenant is deprived
of the full normal use of the premises. This section does not authorize rent to be withheld in
full, if the tenant remains in possession. If the tenant justifiably moves out under this
subsection, the tenant is not liable for rent after the premises become untenantable and the
landlord must repay any rent paid in advance apportioned to the period after the premises
become untenantable. This subsection is inapplicable if the damage or condition is caused by
negligence or improper use by the tenant. 

History: 1981 c. 286; 1993 a. 213, 486, 491. The remedy provided by (3) does not exclude diminution of market
value as an alternative method of computing such damages, and although the former is to be preferred where the
property is easily repairable and the latter where the injury does not destroy the property, evidence of each method
may be introduced by either party with the lesser amount awardable as the proper measure of damages. Laska v.
Steinpreis, 69 W (2d) 307, 231 NW (2d) 196. Landlord must exercise ordinary care toward tenant and others on
premises with permission. Pagelsdorf v. Safeco Ins. Co. of America, 91 W (2d) 734, 284 NW (2d) 55 (1979).
Landlord and tenant law the implied warranty of habitability in residential leases. 58 MLR 191. Landlord no longer
immune from tort liability for failure to exercise reasonable care in maintaining premises. 64 MLR 563 (1981).


704.09 Transferability; effect of assignment or transfer; remedies. 
(1) TRANSFERABILITY OF INTEREST OF TENANT OR LANDLORD. A tenant under a
tenancy at will or any periodic tenancy less than year to year may not assign or sublease
except with the agreement or consent of the landlord. The interest of any other tenant or the
interest of any landlord may be transferred except as the lease expressly restricts power to
transfer. A lease restriction on transfer is construed to apply only to voluntary transfer unless
there is an express restriction on transfer by operation of law. 
(2) EFFECT OF TRANSFER ON LIABILITY OF TRANSFEROR. In the absence of an express
release or a contrary provision in the lease, transfer or consent to transfer does not relieve the
transferring party of any contractual obligations under the lease, except in the special situation
governed by s. 704.25 (5). 
(3) COVENANTS WHICH APPLY TO TRANSFEREE. All covenants and provisions in a lease
which are not either expressly or by necessary implication personal to the original parties are
enforceable by or against the successors in interest of any party to the lease. However, a
successor in interest is liable in damages, or entitled to recover damages, only for a breach
which occurs during the period when the successor holds his or her interest, unless the
successor has by contract assumed greater liability; a personal representative may also
recover damages for a breach for which the personal representative's decedent could have
recovered. 
(4) SAME PROCEDURAL REMEDIES. The remedies available between the original landlord
and tenant are also available to or against any successor in interest to either party. 
(5) CONSENT AS AFFECTING SUBSEQUENT TRANSFERS. If a lease restricts transfer,
consent to a transfer or waiver of a breach of the restriction is not a consent or waiver as to
any subsequent transfers.

History: 1971 c. 211 s. 126; 1993 a. 486.


704.11 Lien of landlord. Except as provided in ss. 704.05 (5), 704.90 and 779.43 or by express
agreement of the parties, the landlord has no right to a lien on the property of the tenant; the
common law right of a landlord to distrain for rent is abolished. 

History: 1979 c. 32 s. 92 (9); 1987 a. 23 s. 2.


704.13 Acts of tenant not to affect rights of landlord. No act of a tenant in acknowledging as
landlord a person other than the tenant's original landlord or the latter's successors in interest
can prejudice the right of the original landlord or the original landlord's successors to
possession of the premises. 

History: 1993 a. 486.


704.15 Requirement that landlord notify tenant of automatic renewal clause. A provision in a
lease of residential property that the lease shall be automatically renewed or extended for a
specified period unless the tenant or either party gives notice to the contrary prior to the end of
the lease is not enforceable against the tenant unless the lessor, at least 15 days but not more
than 30 days prior to the time specified for the giving of such notice to the lessor, gives to the
tenant written notice in the same manner as specified in s. 704.21 calling the attention of the
tenant to the existence of the provision in the lease for automatic renewal or extension. 

History: 1993 a. 486.


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 instalment 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 instalment 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 land-lord 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 tenant 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 invalid 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.


704.19 Notice necessary to terminate periodic tenancies and tenancies at will. 
(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 li-ability? Love, 1975 WLR 19.


704.21 Manner of giving notice. 
(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 ser-
vice 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 land-lord'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
employe 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 employe 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.


704.22 Service of process in residential tenancy on nonresident party. 
(1) A party to a residential tenancy in this state who is not a resident of this state shall
designate an agent to accept service of process in this state for an action involving the
tenancy. The agent shall be a resident of this state or a corporation authorized to do business
in this state. If a party is a corporation, the agent is the corporation's registered agent. 
(2) Designation of an agent under sub. (1) shall be in writing and filed with the secretary of
state. 

NOTE: Sub. (2) is amended eff. 7 1 96 by 1995 Wis. Act 27 to read: (2) Designation of an
agent under sub. (1) shall be in writing and filed with the department of financial institutions.

History: 1981 c. 300; 1995 a. 27.


704.23 Removal of tenant on termination of tenancy. 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. 

History: 1993 a. 486.


704.25 Effect of holding over after expiration of lease; removal of tenant. 
(1) REMOVAL AND RECOVERY OF DAMAGES. If a tenant holds over after expiration of a
lease, the landlord may in every case proceed in any manner permitted by law to remove the
tenant and recover damages for such holding over. 
(2) CREATION OF PERIODIC TENANCY BY HOLDING OVER. (a) Nonresidential leases for a
year or longer. If premises are leased for a year or longer primarily for other than private
residential purposes, and the tenant holds over after expiration of the lease, the landlord may
elect to hold the tenant on a year to year basis. 
(b) All other leases. If premises are leased for less than a year for any use, or if leased
for any period primarily for private residential purposes, and the tenant holds over after
expiration of the lease, the landlord may elect to hold the tenant on a month to month basis;
but if such lease provides for a weekly or daily rent, the landlord may hold the tenant only on
the periodic basis on which rent is computed. 
(c) When election takes place. Acceptance of rent for any period after expiration of a
lease or other conduct manifesting the landlord's intent to allow the tenant to remain in
possession after the expiration date constitutes an election by the landlord under this section
unless the landlord has already commenced proceedings to remove the tenant. 
(3) TERMS OF TENANCY CREATED BY HOLDING OVER. A periodic tenancy arising under
this section is upon the same terms and conditions as those of the original lease except that
any right of the tenant to renew or extend the lease, or to purchase the premises, or any
restriction on the power of the landlord to sell without first offering to sell the premises to the
tenant, does not carry over to such a tenancy. 
(4) EFFECT OF CONTRARY AGREEMENT. This section governs except as the parties agree
otherwise either by the terms of the lease itself or by an agreement at any subsequent time. 
(5) HOLDOVER BY ASSIGNEE OR SUBTENANT. If an assignee or subtenant holds over after
the expiration of the lease, the landlord may either elect to: 
(a) Hold the assignee or subtenant or, if he or she participated in the holding over, the
original tenant as a periodic tenant under sub. (2); or 
(b) Remove any person in possession and recover damages from the assignee or
subtenant or, if the landlord has not been accepting rent directly from the assignee or
subtenant, from the original tenant. 
(6) NOTICE TERMINATING A TENANCY CREATED BY HOLDING OVER. Any tenancy
created pursuant to this section is terminable under s. 704.19. 

History: 1983 a. 36.


704.27 Damages for failure of tenant to vacate at end of lease or after notice. 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).


704.29 Recovery of rent and damages by landlord; mitigation. 
(1) SCOPE OF SECTION. If a tenant unjustifiably removes from the premises prior to the
effective date for termination of the tenant's tenancy and defaults in payment of rent, or if the
tenant is removed for failure to pay rent or any other breach of a lease, the landlord can
recover rent and damages except amounts which the landlord could mitigate in accordance
with this section, unless the landlord has expressly agreed to accept a surrender of the
premises and end the tenant's liability. Except as the context may indicate otherwise, this
section applies to the liability of a ten-ant under a lease, a periodic tenant, or an assignee of
either. 
(2) MEASURE OF RECOVERY. In any claim against a tenant for rent and damages, or for
either, the amount of recovery is reduced by the net rent obtainable by reasonable efforts to
rerent the premises. Reasonable efforts mean those steps which the landlord would have
taken to rent the premises if they had been vacated in due course, provided that such steps
are in accordance with local rental practice for similar properties. In the absence of proof that
greater net rent is obtainable by reasonable efforts to rerent the premises, the tenant is
credited with rent actually received under a rerental agreement minus expenses incurred as a
reasonable incident of acts under sub. (4), including a fair proportion of any cost of remodeling
or other capital improvements. In any case the landlord can recover, in addition to rent and
other elements of damage, all reasonable expenses of listing and advertising incurred in
rerenting and attempting to rerent (except as taken into account in computing the net rent
under the preceding sentence). If the landlord has used the premises as part of reasonable
efforts to rerent, under sub. (4) (c), the tenant is credited with the reasonable value of the use
of the premises, which is presumed to be equal to the rent recoverable from the defendant
unless the landlord proves otherwise. If the landlord has other similar premises for rent and
receives an offer from a prospective tenant not obtained by the defendant, it is reasonable for
the landlord to rent the other premises for the landlord's own account in preference to those
vacated by the defaulting tenant. 
(3) BURDEN OF PROOF. The landlord must allege and prove that the landlord has made
efforts to comply with this section. The tenant has the burden of proving that the efforts of the
landlord were not reasonable, that the landlord's refusal of any offer to rent the premises or a
part thereof was not reasonable, that any terms and conditions upon which the landlord has in
fact rerented were not reasonable, and that any temporary use by the landlord was not part of
reasonable efforts to mitigate in accordance with sub. (4) (c); the tenant also has the burden of
proving the amount that could have been obtained by reasonable efforts to mitigate by
rerenting. 
(4) ACTS PRIVILEGED IN MITIGATION OF RENT OR DAMAGES. The following acts by the
landlord do not defeat the landlord's right to recover rent and damages and do not constitute
an acceptance of surrender of the premises: 
(a) Entry, with or without notice, for the purpose of inspecting, preserving, repairing,
remodeling and showing the premises; 
(b) Rerenting the premises or a part thereof, with or without notice, with rent applied
against the damages caused by the original tenant and in reduction of rent accruing under the
original lease;
(c) Use of the premises by the landlord until such time as re-renting at a reasonable
rent is practical, not to exceed one year, if the landlord gives prompt written notice to the
tenant that the landlord is using the premises pursuant to this section and that the landlord will
credit the tenant with the reasonable value of the use of the premises to the landlord for such a
period; 
(d) Any other act which is reasonably subject to interpretation as being in mitigation of
rent or damages and which does not unequivocally demonstrate an intent to release the
defaulting tenant.

History: 1993 a. 486. Sale of property constituted acceptance of surrender of premises and termination of lease.
First Wis. Trust Co. v. L. Wiemann Co. 93 W (2d) 258, 286 NW (2d) 360 (1980). Court's retention of jurisdiction to
determine damages for rents not yet due is permitted. Mitigation expenses which may be recovered are limited to
necessary expenses incurred and does not include compensation for time spent in mitigating damages. Kersten v.
H.C. Prange Co. 186 W(2d) 49, 520 NW(2d) 99 (Ct. App. 1994). Landlord has obligation to rerent when tenant
breaches lease; specific performance is not proper remedy. Chi Mil. Corp. v. W. T. Grant Co. 422 F Supp. 46.


704.31 Remedy on default in long terms; improvements. 
(1) If there is a default in the conditions in any lease or a breach of the covenants thereof and
such lease provides for a term of 30 years or more and requires the tenant to erect or
construct improvements or buildings upon the land demised at the tenant's own cost and
exceeding in value the sum of $50,000, and such improvements have been made and the
landlord desires to terminate the lease and recover possession of the property described
therein freed from all liens, claims or demands of such lessee, the landlord may, in case of any
breach or default, commence an action against the tenant and all persons claiming under the
tenant to recover the possession of the premises leased and proceed in all respects as if the
action was brought under the statute to foreclose a mortgage upon real estate, except that no
sale of the premises shall be ordered. 
(2) The judgment shall determine the breach or default complained of, fix the amount due the
landlord at such time, and state the several amounts to become due within one year from the
entry thereof, and provide that unless the amount adjudged to be due from the tenant, with
interest thereon as provided in the lease or by law, shall be paid to the landlord within one year
from the entry thereof and the tenant shall, within such period, fully comply with the judgment
requiring the tenant to make good any default in the conditions of the lease, that the tenant
and those claiming under the tenant shall be forever barred and foreclosed of any title or
interest in the premises described in the lease and that in default of payment thereof within
one year from the entry of the judgment the tenant shall be personally liable for the amount
thereof. During the one year period ensuing the date of the entry of the judgment the
possession of the demised premises shall remain in the tenant and the tenant shall receive the
rents, issues and profits thereof; but if the tenant fails to comply with the terms of the judgment
and the same is not fully satisfied, and refuses to surrender the possession of the demised
premises at the expiration of said year, the landlord shall be entitled to a writ of assistance or
execution to be issued and executed as provided by law. 
(3) This section does not apply to a lease to which a local professional baseball park district
created under subch. III of ch. 229 is a party. 

History: 1993 a. 486; 1995 a. 56.


704.40 Remedies available when tenancy dependent upon life of another terminates. 
(1) Any person occupying premises as tenant of the owner of a life estate or any person
owning an estate for the life of another, upon cessation of the measuring life, is liable to the
owner of the reversion or remainder for the reasonable rental value of the premises for any
period the occupant remains in possession after termination of the life estate. Rental value as
used in this section has the same meaning as rental value defined in s. 704.27.
(2) The owner of the reversion or remainder can remove the occupant in any lawful manner
including eviction proceedings under ch. 799 as follows: (a) If the occupant has no lease for a
term, upon terminating the occupant's tenancy by giving notice as provided in s. 704.19; (b) If
the occupant is in possession under a lease for a term, upon termination of the lease or one
year after written notice to the occupant given in the manner provided by s. 704.21 whichever
occurs first, except that a farm tenancy can be terminated only at the end of a rental year. (3)
The occupant must promptly after written demand give information as to the nature of the
occupant's possession. If the occupant fails to do so, the reversioner or remainderman may
treat the occupant as a tenant from month to month. 

History: 1979 c. 32 s. 92 (16); 1993 a. 486.


704.45 Retaliatory conduct in residential tenancies prohibited. 
(1) Except as provided in sub. (2), a landlord in a residential tenancy may not increase rent,
decrease services, bring an action for possession of the premises, refuse to renew a lease or
threaten any of the foregoing, if there is a preponderance of evidence that the action or
inaction would not occur but for the landlord's retaliation against the tenant for doing any of the
following: 
(a) Making a good faith complaint about a defect in the premises to an elected public
official or a local housing code enforcement agency. 
(b) Complaining to the landlord about a violation of s. 704.07 or a local housing code
applicable to the premises. 
(c) Exercising a legal right relating to residential tenancies. 
(2) Notwithstanding sub. (1), a landlord may bring an action for possession of the premises if
the tenant has not paid rent other than a rent increase prohibited by sub. (1). 
(3) This section does not apply to complaints made about defects in the premises caused by
the negligence or improper use of the tenant who is affected by the action or inaction. 

History: 1981 c. 286.


704.90 Self service storage facilities. 
(1) DEFINITIONS. In this section: 
(a) "Default" means the lessee fails to pay rent or other charges due under a rental
agreement for a period of 7 consecutive days after the due date under the rental agreement. 
(am) "Last known address" means the address provided by a lessee to an
operator in the most recent rental agreement between the lessee and the operator or the
address provided by a lessee to an operator in a written notice of a change of address,
whichever address is provided later. 
(b) "Leased space" means space located within a self service storage facility that a
lessee is entitled to use for the storage of personal property on a self service basis pursuant
to a rental agreement and that is not rented or provided to the lessee in conjunction with
property for residential use by the lessee. 
(c) "Lessee" means a person entitled to the use of a leased space, to the exclusion of
others, under a rental agreement, or the person's sublessee, successor or assign. 
(d) "Operator" means the owner, lessor or sublessor of a self service storage facility,
an agent of any of them or any other person who is authorized by the owner, lessor or
sublessor to manage the self service storage facility or to receive rent from a lessee under a
rental agreement. 
(e) "Personal property" means movable property not affixed to land, including goods,
wares, merchandise, motor vehicles, watercraft, household items and furnishings. 
(f) "Rental agreement" means a lease or agreement between a lessee and an operator
that establishes or modifies any provisions concerning the use of a leased space, including
who is en-titled to the use of the leased space. 
(g) "Self service storage facility" means real property containing leased spaces but
does not include a warehouse or other facility if the operator of the warehouse or facility issues
a ware-house receipt, bill of lading or other document of title for personal property stored in the
leased spaces. 
(2) USE OF LEASED SPACE. 
(a) An operator may not knowingly permit a leased space to be used for residential
purposes. 
(b) A lessee may not use a leased space for residential purposes.
(2m) WRITTEN RENTAL AGREEMENT. Every rental agreement shall be in writing and shall
contain a provision allowing the lessee to specify the name and last known address of a
person who, in addition to the lessee, the operator is required to notify under sub. (5) (b) 1. 
(3) LIEN AND NOTICE IN RENTAL AGREEMENT. (a) An operator has a lien on all personal
property stored in a leased space for rent and other charges related to the personal property,
including expenses necessary to the preservation, removal, storage, preparation for sale and
sale of the personal property. The lien attaches as of the first day the personal property is
stored in the leased space and is superior to any other lien on or security interest in the
personal property except for a statutory lien or a security interest that is perfected by filing prior
to the first day the personal property is stored in the leased space, a security interest in a
vehicle perfected under ch. 342 or a security interest in a boat perfected under ch. 30. 
(b) A rental agreement shall state in boldface type that the operator has a lien on
personal property stored in a leased space and that the operator may satisfy the lien by selling
the personal property, as provided in this section, if the lessee defaults or fails to pay rent for
the storage of personal property abandoned after the termination of the rental agreement. 
(4) CARE AND CUSTODY. Except as provided in the rental agreement and in this section, a
lessee has exclusive care, custody and control of personal property stored in the lessee's
leased space. 
(4g) DEFAULT OR FAILURE TO PAY AFTER TERMINATION. A lessee who defaults or fails to
pay rent for the storage of personal property abandoned after the termination of the rental
agreement is subject to the procedures and remedies in subs. (4r) to (9) and (12). 
(4r) DENIAL OF ACCESS; REMOVAL AND STORAGE. 
(a) If a lessee defaults, an operator may deny the lessee access to the personal
property until the lessee redeems the personal property under sub. (5) (a). 
(b) After the termination, by expiration or otherwise, of a rental agreement for the use of
a leased space by a lessee, an operator may remove personal property remaining in the
leased space and store the personal property at another site within or outside the self service
storage facility or the operator may continue to store the personal property in the leased
space, and the operator may deny the former lessee access to the personal property until the
lessee redeems the personal property under sub. (5) (a). The operator may charge a
reasonable rent for storage of the personal property, whether at another site or in the leased
space. A former lessee who fails to pay the rent is subject to all procedures and remedies set
forth in this section for default. 
(5) REDEMPTION AND NOTICE OF OPPORTUNITY TO REDEEM. (a) At any time prior to
sale under sub. (6), a lessee may redeem personal property by paying the operator any rent
and other charges due. Upon receipt of such payment, the operator shall return the personal
property, and thereafter the operator shall have no liability to any person with respect to such
personal property. 
(b) An operator may not sell personal property under sub. (6) unless the operator first
delivers the following 2 notices: 
1. A first notice sent by regular mail to the last known address of the lessee and the
person, if any, specified in the rental agreement under sub. (2m) containing all of the following:
a. Notification that the lessee is in default or has failed to pay rent for the
storage of personal property abandoned after the termination of the rental agreement or both. 
b. A brief and general description of the personal property subject to the lien
that is reasonably adequate to permit the lessee to identify it, except that any container
including, but not limited to, a trunk, valise or box that is locked, fastened, sealed or tied in a
manner which deters immediate access to its contents may be described as such without
describing its contents. 
c. A notice of denial of access to the personal property if such denial is
permitted under the terms of the rental agreement or under sub. (4r). 
d. The name, street address and telephone number of the operator whom the
lessee may contact to redeem the personal property by paying the rent and other charges due. 
2. A 2nd notice sent by certified mail to the last known address of the lessee
containing all of the following: 
a. A statement that the operator has a lien on personal property stored in a
leased space. 
ag. A brief and general description of the personal property subject to
the lien that is reasonably adequate to permit the lessee to identify it, except that any container
including, but not limited to, a trunk, valise or box that is locked, fastened, sealed or tied in a
manner which deters immediate access to its contents may be described as such without
describing its contents. 
am. A notice of denial of access to the personal property if such denial is
permitted under the terms of the rental agreement or under sub. (4r). 
b. An itemized statement of the operator's claim for rent and other charges due
as of the date of the notice and of additional rent and other charges that will become due prior
to sale and the dates when they will become due. 
c. A demand for payment of the rent and other charges due within a time period
not sooner than 14 days after the date of the notice. 
d. A statement that unless the rent and other charges are paid within the time
period under subd. 2. c., the personal property will be sold, a specification of the date, time
and place of sale and a statement that if the property is sold the operator shall apply the
proceeds of the sale first to satisfy the lien and shall report and deliver any balance to the state
treasurer as provided under ch. 177. e. The name, street address and telephone number of
the operator whom the lessee may contact to redeem the personal property by paying the rent
and other charges due. 
(6) SALE, NOTICE OF SALE AND PROCEEDS OF SALE. (a) After the expiration of the time
period given in the 2nd notice under sub. (5) (b) 2. c., an operator may sell personal property
that was stored in a lessee's leased space to satisfy the lien under sub. (3) (a) in the manner
set forth in pars. (b) and (c) if all of the following conditions are met: 
2. The operator has complied with the notice requirements under sub. (5) (b). 
3. The lessee has failed to redeem the personal property under sub. (5) (a) within the
time period specified in the notice under sub. (5) (b) 2. c. 
4. An advertisement of the sale is published once a week for 2 consecutive weeks in a
newspaper of general circulation where the self service storage facility is located. 
5. The advertisement under subd. 4. contains all of the following:
a. A brief and general description of the personal property reasonably adequate
to permit its identification, as provided in the notices under sub. (5) (b). 
b. The address of the self service storage facility, the number, if any, of the
space where the personal property is located and the name of the lessee.
6. The sale takes place not sooner than 15 days after the first publication under subd.
4. 
7. The sale is conducted in a commercially reasonable manner and conforms to the
terms of the notices under sub. (5) (b). 
8. The sale is held at the self service storage facility or at the nearest suitable place to
the place where the personal property is stored. 
(b) The operator shall apply the proceeds of the sale first to satisfy the lien under sub. (3) (a).
The operator shall report and deliver any balance to the state treasurer as provided under ch.
177. 
(c) A purchaser in good faith of personal property sold takes the personal property free and
clear of any rights of any person against whom the lien under sub. (3) (a) was valid and any
rights of any other lienholder, regardless of any noncompliance with the requirements of this
section by any person. 
(7) NOTICE; PRESUMPTION OF DELIVERY. Notice by mailing under sub. (5) (b) is presumed
delivered if deposited with the U.S. postal service, properly addressed to the last known
address of the lessee or person specified in the rental agreement under sub. (2m) with
postage prepaid. 
(8) SUPPLEMENTAL NATURE OF SECTION. This section does not impair or affect in any
way the right of parties to create liens by special contract or agreement, nor does it impair or
affect any lien not arising under this section, whether the other lien is statutory or of any other
nature. 
(9) RULES. The department of agriculture, trade and consumer protection may promulgate
rules necessary to carry out the purposes of this section. 
(10) PENALTIES. (a) Except as provided in par. (b), any person who violates this section or
any rule promulgated under this section may be required to forfeit not more than $1,000 for the
first offense and may be required to forfeit not more than $3,000 for the 2nd or any later
offense within a year. Each day of continued violation constitutes a separate offense. The
period shall be measured by using the dates of the offenses which resulted in convictions.
(b) Paragraph (a) does not apply to a lessee who violates sub. (4g) or (4r) (b) because
he or she defaults or fails to pay rent for the storage of personal property abandoned after the
termination of the rental agreement. 
(c) Forfeitures under par. (a) shall be enforced by action on behalf of the state by the
department of justice or by the district attorney of the county where the violation occurs. 
(11) DUTIES OF THE DEPARTMENT OF JUSTICE. (a) Except as provided in par. (c), the
department of justice shall investigate alleged violations of this section and rules promulgated
under sub. (9). To facilitate its investigations, the department may subpoena persons and
records and may enforce compliance with the subpoenas as provided in s. 885.12. 

NOTE: Sub. (11) (title) and (a) are amended eff. 7 1 96 by 1995 Wis. Act 27 to read: (11)
DUTIES OF THE DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER
PROTECTION. (a) Except as provided in par. (c), the department of agriculture, trade and
consumer protection shall investigate alleged violations of this section and rules promulgated
under sub. (9). To facilitate its investigations, the department may subpoena persons and
records and may enforce compliance with the subpoenas as provided in s. 885.12.


(b) Except as provided in par. (a), the department may, on behalf of the state, bring an
action for temporary or permanent injunctive or other relief in any court of competent
jurisdiction for any violation of this section or any rule promulgated under sub. (9). 
(c) This subsection does not apply to a lessee who violates sub. (4g) or (4r) (b)
because he or she defaults or fails to pay rent for the storage of personal property abandoned
after the termination of the rental agreement. 
(12) RIGHT TO ACTION FOR VIOLATION. In addition to the remedies otherwise provided by
law, any person injured by a violation of this section or any rule promulgated under sub. (9)
may bring a civil action to recover damages together with costs, disbursements and
reasonable attorney fees, notwithstanding s. 814.04 (1), and any equitable relief as may be
determined by the court. 

History: 1987 a. 23; 1991 a. 39; 1995 a. 27.



CHAPTER 799

PROCEDURE IN SMALL CLAIMS ACTIONS

799.01 Applicability of chapter. 
799.02 Counterclaims and cross complaints. 
799.03 Definition. 
799.04 Relation of this chapter to other procedural rules. 
799.05 Summons. 
799.06 Actions; how commenced, pleadings, appearances. 
799.07 File of summons; forfeiture tickets; warrants. 
799.09 Public information. 
799.10 Case file, case docket. 
799.11 Venue. 
799.12 Service of summons. 
799.14 Failure of actual notice of suit by mail. 
799.16 Actions in rem or quasi in rem; limitation on judgment. 
799.20 Answer; counterclaim and cross complaint. 
799.205 Substitution of judge. 
799.206 Return date proceedings before court commissioner. 
799.207 Proceedings before court commissioner. 
799.208 Pretrial conference. 
799.209 Procedure. 
799.21 Trial.
799.213 Arbitration actions. 
799.215 Trial by court, findings and judgment. 
799.22 Judgment on failure to appear or answer. 
799.225 Dismissal of pending actions. 
799.24 Judgment. 
799.25 Costs. 
799.255 Small claims fees. 
799.26 Money damages; disclosure of assets requested. 
799.27 Adjournments. 
799.28 New trial. 
799.29 Default judgments. 
799.30 Appeal. 
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.


799.01 Applicability of chapter. 
(1) EXCLUSIVE USE OF SMALL CLAIMS PROCEDURE. Except as provided in ss. 799.02 (1)
and 799.21 (4) and except as provided under sub. (2), the procedure in this chapter is the
exclusive procedure to be used in circuit court in the following actions: 
(a) Eviction actions. Actions for eviction as defined in s. 799.40 regardless of the
amount of rent claimed therein. 
(am) Return of earnest money. Actions for the return of earnest money tendered
pursuant to a contract for purchase of real property, including a condominium unit, as defined
in s. 703.02 (15), and time share property, as defined in s. 707.02 (32), that includes 1 to 4
dwelling units, as defined in s. 101.61 (1), by sale, exchange or land contract unless the
transfer is exempt from the real estate transfer fee under s. 77.25 regardless of the amount
claimed. 
(b) Forfeitures. Actions to recover forfeitures except as a different procedure is
prescribed in chs. 23, 66, 345 and 778, or elsewhere, and such different procedures shall
apply equally to the state, a county or a municipality regardless of any limitation contained
therein. 
(c) Replevins. Actions for replevin under ss. 810.01 to 810.13 where the value of the
property claimed does not exceed $5,000. 
(cm) Arbitration. Actions for the confirmation, vacation, modification or correction
of an arbitration award where arbitration was in settlement of a controversy arising out of a
transaction for the purchase of real property, including a condominium unit, as defined in s.
703.02 (15), and time share property, as defined in s. 707.02 (32), that includes 1 to 4
dwelling units, as defined in s. 101.61 (1), by sale, exchange or land contract regardless of the
amount of that award. 
(d) Other civil actions. Other civil actions where the amount claimed is $5,000 or less, if
the actions or proceedings are: 
1. For money judgments only except for cognovit judgments which shall be
taken pursuant to s. 806.25; or 
2. For attachment under ch. 811 and garnishment under subch. I of ch. 812,
except that s. 811.09 does not apply to proceedings under this chapter; or 
3. To enforce a lien upon personalty. 
(2) PERMISSIVE USE OF SMALL CLAIMS PROCEDURE. A taxing authority may use the
procedure in this chapter in an action to recover a tax from a person liable for that tax where
the amount claimed, including interest and penalties, is $5,000 or less. This chapter is not the
exclusive procedure for those actions.

History: Sup. Ct. Order, 67 W (2d) 585, 776 (1975); 1975 c. 325, 365, 422; 1977 c. 449 s. 497; 1979 c. 32 ss. 66,
92 (16); 1979 c. 175 s. 53; Stats. 1979 s. 799.01; 1983 a. 228; 1987 a. 208, 378, 403; 1989 a. 31, 359; 1991 a.
163; 1993 a. 80, 181; 1995 a. 27. This section does not authorize court to grant injunctional relief. County of
Columbia v. Bylewski, 94 W (2d) 153, 288 NW (2d) 129 (1980).


799.02 Counterclaims and cross complaints. (1) If a counterclaim or cross complaint is filed,
which arises out of the transaction or occurrence that is the subject matter of the plaintiff's
claim and which is beyond the limitations of s. 799.01, the person filing the same shall pay the
fee prescribed in s. 814.62 (3) (b), and the entire matter shall be tried under chs. 801 to 847
procedure, except that the counterclaim or cross complaint shall be deemed denied and a
responsive pleading thereto is not required unless ordered by the court and the requirements
for appearance by the parties shall be governed by s. 799.06 (2). 
(2) If a counterclaim or cross complaint is filed, which does not arise out of the same
transaction or occurrence that is the subject matter of the plaintiff's claim and which is beyond
the limitations of s. 799.01, the court shall dismiss the same and proceed under this chapter. 
(3) If a counterclaim or cross complaint is filed that is beyond the limitations of s. 799.01, the
person filing the counterclaim or cross complaint shall mail a notice to the plaintiff or the
plaintiff's attorney, if any, at the address listed on the summons. The notice shall be mailed on
the same day the counterclaim or cross complaint is filed and shall inform the plaintiff of all of
the following: 
(a) That a counterclaim or cross complaint has been filed in the action. 
(b) That as a result of that filing the entire matter may be tried under chs. 801 to 847
procedure. 
(c) That the summons, specifying the time and date the parties are required to appear
at court, may no longer apply. 
(d) The telephone number of the appropriate clerk of circuit court that the plaintiff may
call to find out if he or she should still appear in court at the time and date listed on the
summons.
(e) That a copy of the counterclaim or cross complaint will be served on the plaintiff or
the plaintiff's attorney within 60 days after filing. 

History: Sup. Ct. Order, 67 W (2d) 585, 776 (1975); 1979 c. 32 ss. 66, 92 (16); 1979 c. 89, 177; Stats. 1979 s.
799.02; 1981 c. 317; 1987 a. 208. See note to 799.43, citing Scalzo v. Anderson, 87 W (2d) 834, 275 NW (2d) 894
(1979).


799.03 Definition. In this chapter unless otherwise designated, "court" means circuit court and
"court" does not mean court commissioner. 

History: 1977 c. 345; 1977 c. 449 s. 497; 1979 c. 32 ss. 64, 92 (16); Stats. 1979 s. 799.03; 1983 a. 228. Judicial
Council Note, 1983: The first sentence is deleted because it has been construed to mean that actions for $1,000 or
less need not be jurisdictionally brought under ch. 799. State v. Hervey, 113 Wis. 2d 634 (1983). Under revised s.
799.01, the circuit court lacks jurisdiction over certain actions unless ch. 799 procedures are followed. [Bill 324 S]


799.04 Relation of this chapter to other procedural rules. (1) GENERAL. Except as otherwise
provided in this chapter, the general rules of practice and procedure in chs. 750 to 758 and
801 to 847 shall apply to actions and proceedings under this chapter. Any judicial proceeding
authorized to be conducted under s. 807.13 may be so conducted in actions under this
chapter. 
(2) FORMS. Except as otherwise provided in this subsection and this chapter, the forms
specified in chs. 801 to 847 shall be used. Forms shall be uniform, concisely written and
readily understandable by members of the public. Summons and complaint forms shall be
made available to the public by the clerk of court and, in counties having a population of
500,000 or more, the summons shall have all provisions printed in both English and Spanish.

History: Sup. Ct. Order, 67 W (2d) 776; 1977 c. 345; 1979 c. 32 ss. 66, 92 (16); 1979 c. 89; Stats. 1979 s. 799.04;
Sup. Ct. Order, 141 W (2d) xiii (1987). Judicial Council Note, 1988: Sub. (1) is amended to authorized the use of
telephone conferences in proceedings under this chapter whenever such conferences would be so authorized in
other civil actions. [Re Order effective Jan. 1, 1988]


799.05 Summons. (1) CONTENTS. The summons shall state the nature of the demand
substantially in the terms of one or more of the provisions of s. 799.01, and, except as
provided in ss. 806.30 to 806.44, the dollar amount of damages, if any, the last known
address of the parties and the name, state bar number, if any, address and telephone number
of plaintiff's attorney, if any. The caption shall include the standardized description of the case
classification type and associated code number as approved by the director of state courts. 
(2) SIGNING. The process shall be signed by the clerk or by any attorney duly authorized to
practice law in this state and shall be issued by the clerk only to a person authorized to appear
under s. 799.06 (2), and not otherwise. 
(3) RETURN DATE. (a) Every summons shall specify a return date and time. 
(b) Except in eviction actions, the return date for a summons served upon a resident of
this state shall be not less than 8 days nor more than 30 days from the issue date, and service
shall be made not less than 8 days prior to the return date. In eviction actions, the return date
for a summons served upon a resident of this state shall be not less than 5 days nor more than
30 days from the issue date, and service shall be made not less than 5 days prior to the re-turn
date. 
(c) The return date for a summons served upon a nonresident of this state shall be not
less than 20 days from the issue date. 
(d) The clerk shall set the day and hour at which the summons is returnable. 
(4) CLERK TO FURNISH TIME OF RETURN. If a summons is signed by an attorney, the
attorney shall obtain from the clerk of court the hour and date within the limits of sub. (3) on
which to make the summons returnable. 
(5) NOTING DATE OF MAILING. After a copy of the summons has been mailed, the clerk shall
note the date of mailing on the original. 
(6) FORM. Except as provided in s. 799.22 (4) (b) 3., the summons shall be substantially in the
following form: 
STATE OF WISCONSIN CIRCUIT COURT: ....County
A. B. Address City, State Zip Code File No. .... , Plaintiff vs. S U M M O N S SMALL CLAIMS
C. D. Address .... (Case Classification Type): .... (Code No.) City, State Zip Code , Defendant
THE STATE OF WISCONSIN, to the Defendant: You are hereby summoned to appear and
plead to the Plaintiff's complaint in the above court at .... in the (city) (village) of ...., on the ....
day of ...., 19.., at .... o'clock (a.m.) (p.m.). [A copy of the complaint is hereto attached.] [The
Plaintiff will state his or her demand on that date.] In case of your failure to appear, a judgment
may be rendered against you in accordance with the demands made by the Plaintiff. The
nature of the demand being made upon you is .... (state in terms of s. 799.01 of the Wisconsin
Statutes) and the amount of damages, if any, demanded is ..... Dated: ...., 19.. Signed: .... ....
E. F., Clerk of Circuit Court or G. H., Plaintiff's Attorney State Bar No.: .... Address: .... City,
State Zip Code: .... Phone No.: .... 
(7) FORM; COURT COMMISSIONER. Except as provided in s. 799.22 (4) (b) 3., in counties
establishing at least one part time or full time court commissioner position under s. 757.68 (1)
(b), the summons shall be substantially in the following form: 
STATE OF WISCONSIN CIRCUIT COURT: .... COUNTY
A. B. Address City, State Zip Code File No. .... , Plaintiff vs. S U M M O N S (SMALL CLAIMS)
C.D. Address City, State Zip Code , Defendant
THE STATE OF WISCONSIN, to the Defendant: You are being sued for: .... Eviction .... Return
of Property .... Confirmation, vacation, modification or correction of arbitration award .... $........
If you wish to dispute this matter, you must then be in Room...., of the .... (County) County
Courthouse, .... (address), .... (city), Wisconsin before .... o'clock (a.m.) (p.m.), on ...., 19... If
you do not appear, a judgment may be given to the person suing you for what that person is
asking. You are encouraged to bring with you all papers and documents relating to this matter,
but there is no need to bring witnesses at this time. Dated at .... County, Wisconsin, this .... day
of ...., 19... Signed: .... .... E. F., Clerk of Circuit Court or G. H., Plaintiff's Attorney State Bar
No.: .... Address: .... City, State Zip Code: .... Phone No.: .... 

History: 1977 c. 345; 1977 c. 449 s. 497; 1979 c. 32 ss. 66, 92 (16); 1979 c. 108; 1979 c. 176 s. 85; 1979 c. 177 s.
85; Stats. 1979 s. 799.05; Sup. Ct. Order, 130 W (2d) xi; 1987 a. 142, 208, 403; 1989 a. 56; 1991 a. 163, 236; Sup.
Ct. Order, 171 W (2d) xix (1992); 1993 a. 80. Judicial Council Note, 1986: Sub. (3) is amended by extending from
17 to 30 days the period between the issuance of the summons and the return date, in order to permit timely
service on defendants who are not residents of the county where the action is pending. [Re Order eff. 7 1 86]


799.06 Actions; how commenced, pleadings, appearances. (1) PLEADINGS. All pleadings
except the initial com-plaint may be oral. Any circuit court may by rule require written pleadings
and any judge or court commissioner may require written pleadings in a particular case. 
(2) A person may commence and prosecute or defend an action or proceeding under this
chapter and may appear in his, her or its own proper person or by an attorney regularly
authorized to practice in the courts of this state. Under this subsection, a person is considered
to be acting in his, her or its own proper person if the appearance is by a full time authorized
employe of the person. An assignee of any cause of action under this chapter shall not ap-
pear by a full time authorized employe, unless the employe is an attorney regularly authorized
to practice in the courts of this state. 
(3) The complaint in an eviction action shall conform to s. 799.41. The complaint in other
actions under this chapter shall be in writing and shall be substantially in the following form:
STATE OF WISCONSIN CIRCUIT COURT: .... COUNTY
A. B. Address City, State Zip Code File No. .... , Plaintiff vs. C O M P L A I N T C. D. Address
.... (Case Classification Type): .... (Code No.) City, State Zip Code , Defendant
For the Plaintiff's claim against Defendant, Plaintiff states that: 1. Plaintiff's injuries or losses
occurred on or about .... (month and day), 19.., and under the following circumstances (brief
statement of the facts of plaintiff's claim): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . 2. Wherefore, Plaintiff demands judgment for (return of property) (confirmation,
vacation, modification or correction of arbitration award) (the sum of $....) plus attorney fees, if
any, costs of this suit and such other relief as the court deems proper. Signed: ....A. B.,
Plaintiff or E. F., Plaintiff's Attorney State Bar No.: .... Address: .... City, State Zip Code: ....
Phone No.: .... 

History: Sup. Ct. Order, 67 W (2d) 585, 764 (1975); 1977 c. 449 s. 497; 1979 c. 32 ss. 66, 92 (16); 1979 c. 108;
Stats. 1979 s. 799.06; 1987 a. 208; 1991 a. 163; Sup. Ct. Order, 171 W (2d) xix (1992).


799.07 File of summons; forfeiture tickets; warrants. The clerk shall keep a file of summons
issued by the clerk, of forfeiture tickets filed with the clerk, and of warrants for arrests issued
by the clerk. 

History: 1979 c. 32 s. 66; Stats. 1979 s. 799.07; 1993 a. 486.


799.09 Public information. Information regarding the existence, location and hours of the circuit
court's small claims system shall be disseminated and publicized throughout the county by the
clerk of court. Each county shall produce and make available to all litigants in small claims
actions publications explaining the procedures to be followed by litigants in small claims
actions. 

History: 1977 c. 345, 449; 1979 c. 32 s. 66; Stats. 1979 s. 799.09; 1987 a. 208.


799.10 Case file, case docket. (1) CLERK TO MAINTAIN DOCKET AND CASE FILE. The clerk
shall maintain a docket of small claims cases under this chapter, which docket may be in loose
leaf or card form, and a case file for each case in which there are papers other than the ones
listed in s. 799.07 to be filed. 
(2) ENTRIES; WHAT TO CONTAIN. Entries in the docket shall include:
(a) The number of the case; 
(b) The title of every action including the full names of the parties and their addresses,
if known. If service is by mail, the clerk shall also enter the date when the summons is mailed
to any defendant, and the name of the person to whom mailed; 
(c) The names of attorneys, if any, appearing in the action; 
(d) Type of action by reference to s. 799.01; 
(e) Nature of plea in forfeiture actions; 
(f) The judgment or final order entered, date of entering it and the amount of forfeiture
or damages, costs and fees due to each person separately; 
(g) Satisfaction of forfeiture, or commitment for nonpayment of forfeiture or judgment; 
(h) The date of mailing notice of entry of judgment or final order as provided in s.
799.24; 
(i) Such additional entries as may be necessary to supply essential information not
contained in the case file or reporter's record.
(3) CORRECTING DOCKET. The judge has power at any time to order the docket corrected or
any omission or additional entry supplied if satisfied that an error or omission exists, or that
one or more additional entries are needed. 
(4) TIME OF DOCKET ENTRIES. Entries in the docket shall be made not later than the time of
the entry of the judgment or final order, or as soon thereafter as possible. No docket entries
need be made in uncontested cases where the action is for a money forfeiture charging
violation of a parking regulation. 

History: 1979 c. 32 ss. 66, 92 (16); 1979 c. 176; Stats. 1979 s. 799.10.


799.11 Venue. (1) The venue of actions in which the procedure of this chapter is used is as
follows: 
(a) In actions for garnishment, any county in which the garnishee resides or, if not a
resident of the state, is found; or, the county in which the summons in the principal action has
issued or where the judgment therein is entered. 
(b) In any claim arising out of a consumer transaction, as defined in s. 421.301 (13), or
a consumer credit transaction, as defined in s. 421.301 (10), in the county specified by s.
421.401.
(c) In actions for a forfeiture, the county in which the act occurred on which the action
for forfeiture is based. 
(d) In actions to recover a tax, the county in which the tax was levied. 
(e) In all other actions, the county specified by s. 801.50. 
(2) If there are several defendants, and if venue is based on residence, venue may be in the
county of residence of any one of them. 
(3) When, in any action under this chapter, it appears from the return of service of the
summons or otherwise that the county in which the action is pending is not a proper place of
trial and that another county would be a proper place of trial, the court or court commissioner
shall, on motion of a party or its own motion, transfer the action to that county unless the
defendant appears and waives the improper venue. The clerk of the court to which the action
is transferred shall issue a new notice of return date upon payment of the fee required by s.
814.61 (2) (a). 

History: 1979 c. 32 ss. 66, 92 (16); Stats. 1979 s. 799.11; 1981 c. 300; 1981 c. 390 s. 252; 1983 a. 228, 389, 538;
1987 a. 208.


799.12 Service of summons. (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 sum-mons 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 chap-ter.
(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).


799.14 Failure of actual notice of suit by mail. (1) PETITION; HEARING; TRIAL ON MERITS. In
any action, where service of summons is made by mailing, a defendant, at any time within 15
days of receiving actual knowledge of the pendency of the action or of the entry of judgment
against the defendant (if judgment has been entered), but not more than one year after
judgment was entered, may, by written verified petition, on forms provided by the court, petition
to set aside the judgment if one has been entered and for an opportunity to be heard upon the
merits. Thereupon the court shall set the matter for hearing at a time that will give the parties
reasonable opportunity to appear and, if judgment has been entered, shall stay all proceedings
on the judgment. At the time of the hearing the questions raised by the petition shall first be
heard and determined by the court. If the court grants the petition, the court shall proceed to
try the matter upon the merits or, if judgment has been entered, shall vacate the judgment and
proceed to try the matter upon the merits. If the court denies the petition, it shall, if judgment
has been entered, revoke its order staying proceedings thereon or, if a judgment has not been
entered, it may give the defendant opportunity to be heard upon the merits. 
(2) EFFECT OF ACTUAL APPEARANCE. This section shall not apply to a defendant who
actually appeared and submitted to the jurisdiction of the court without filing application as
provided in sub. (1). 

History: 1979 c. 32 s. 66; 1979 c. 176; Stats. 1979 s. 799.14.


799.16 Actions in rem or quasi in rem; limitation on judgment. (1) BASIS. In proceedings in rem
or quasi in rem no judgment shall be entered against a defendant for an amount in excess of
the value of the property unless based on personal or substituted service as provided in s.
799.12 (1), or unless the defendant appears without objecting to the jurisdiction of the court
over defendant's person. 
(2) ADJOURNMENT AND PUBLICATION. When the defendant has not been served with
personal or substituted service pursuant to s. 799.12 (1) and does not waive the defense of
lack of jurisdiction over the person under s. 802.06 (8) and the court has jurisdiction over the
property, service may be made on the defendant by publication. If service is to be made by
publication, the proceeding shall be adjourned to a day certain by the court, and a notice in
substantial conformity with sub. (4) shall be published as a class 1 notice, under ch. 985. 

NOTE: Sub. (2) is shown as amended eff. 1 1 96 by Sup. Ct. Order 95 10. Prior to 1 1 96 it
reads: (2) ADJOURNMENT AND PUBLICATION. When the defendant has not been served
with personal or substituted service pursuant to s. 799.12 (1) and does not waive the defense
of lack of jurisdiction over the person under s. 802.06 (8) and the court has jurisdiction over the
property, service may be made on the defendant by publication. If service is to be made by
publication, the proceeding shall be adjourned to a day certain by the court, and a notice in
substantial conformity with sub. (4) shall be published as a class 3 notice, under ch. 985.


(3) ADJOURNMENT, POSTING AND MAILING IN EVICTION ACTIONS.
In eviction actions, when the defendant has not been served with personal or substituted
service pursuant to s. 799.12 (1) and does not waive the defense of lack of jurisdiction over
the person under s. 802.06 (8), service may be made as follows: 
(a) If the summons is returned more than 7 days prior to the return date with proof that
the defendant cannot be served with personal or substituted service within the state under s.
799.12 (1), the plaintiff may, at least 7 days prior to the return date, affix a copy of the
summons and complaint onto some part of the premises where it may be conveniently read. At
least 5 days prior to the return date an additional copy of the summons and complaint shall
also be mailed to the defendant at the last known address, even if it is the premises which are
the subject of the action. 
(b) In all other cases where the summons and complaint are returned with proof that
the defendant cannot be served with personal or substituted service within the state under s.
799.12 (1), the court shall, on the return date, adjourn the case to a day certain not less than 7
days from the return date, and the plaintiff shall affix a notice in substantial conformity with
sub. (4) (c) onto some part of the premises where it may be conveniently read. At least 5 days
prior to the return date, an additional copy of said notice, together with a copy of the summons
and complaint, shall be mailed to the defendant at the last known address, even if it is the
premises which are the subject of the action. 
(c) Before judgment is entered after service is made under this section, the plaintiff
shall file proof of compliance with this section.
(4) FORMS. (a) Notice in attachment and garnishment. STATE OF WISCONSIN CIRCUIT
COURT .... COUNTY TO: You are hereby notified that (an attachment) (a garnishment) has
been issued against you and your property (attached) (garnisheed) to satisfy the demand of ....
amounting to $ ..... Now, unless you shall appear in the circuit court, of .... County, located in
the courthouse in .... (municipality), before Judge ...., or before any judge to whom the action
may be assigned, on .... (date), at .... (time), judgment will be rendered against you and your
property sold or applied to pay the debt as provided by law. Dated .... , 19 .... .... Plaintiff By ....
Plaintiff's Attorney 
(b) Notice in replevin. STATE OF WISCONSIN CIRCUIT COURT .... COUNTY TO: You
are hereby notified that a replevin action has been issued to recover the possession of the
following described goods and chattels, to wit: .... of which I, the plaintiff, am entitled to
possess, but which you have (unjustly taken) (unlawfully detained) from me. Now, unless you
shall appear in the circuit court, of .... County, located in the courthouse in .... (municipality),
before Judge ...., or before any judge to whom the action may be assigned, on .... (date), at ....
(time), judgment will be rendered against you for the delivery of said property to me and for
damages for the (taking and) detention thereof and for costs. Dated .... , 19 .... .... Plaintiff By
.... Plaintiff's Attorney 
(c) Notice in eviction. STATE OF WISCONSIN CIRCUIT COURT .... COUNTY TO: Take
notice that an eviction action has been commenced against you to recover the possession of
the following described premises ...., of which I, the plaintiff, am entitled to possession, but
which you have unlawfully detained from me. Unless you appear and defend on the .... day of
...., 19.., at .... o'clock ..M., in the circuit court of .... county, located in the courthouse in the city
of ...., before the Honorable ...., a Judge of said court, or before any judge to whom the action
may be assigned, judgment may be rendered against you for the restitution of said premises
and for costs. Dated: ...., 19... .... Plaintiff By .... Plaintiff's Attorney 

History: Sup. Ct. Order, 67 W (2d) 575, 764 (1975); 1975 c. 218; 1977 c. 449 s. 497; 1979 c. 32 ss. 66, 92 (16);
1979 c. 110 s. 60 (7); 1979 c. 176; Stats. 1979 s. 799.16; 1987 a. 208; 1993 a. 213, 246, 491; Sup. Ct. Order No.
95 10, filed 10 17 95, eff. 1 1 96, 195 W (2d) ____ (1995).


799.20 Answer; counterclaim and cross complaint. (1) PLEADING ON RETURN DATE OR
ADJOURNED DATE. On the return date of the summons or any adjourned date thereof the
defendant may answer, move to dismiss under s. 802.06 (2) or otherwise respond to the
complaint. 
(2) CROSS COMPLAINT. In the case of more than one defendant, any cross complaint by one
defendant against another who has appeared shall be made or filed on the return date or any
adjourned date. 
(4) INQUIRY OF DEFENDANT WHO APPEARS ON RETURN DATE. If the defendant appears
on the return date of the summons or any adjourned date thereof, the court or court
commissioner shall make sufficient inquiry of the defendant to determine whether the
defendant claims a defense to the action. If it appears to the court or court commissioner that
the defendant claims a defense to the action, the court or court commissioner shall schedule a
trial of all the issues involved in the action, unless the parties stipulate otherwise or the action
is subject to immediate dismissal. 

History: Sup. Ct. Order, 67 W (2d) 585, 765 (1975); 1977 c. 449; 1979 c. 32 s. 66; Stats. 1979 s. 799.20; 1987 a.
208.


799.205 Substitution of judge. (1) Any party to a small claims action or proceeding may file a
written request with the clerk of courts for a substitution of a new judge for the judge assigned
to the case. The written request shall be filed on the return date of the summons or within 10
days after the case is scheduled for trial. If a new judge is assigned to the trial of a case, a
request for substitution must be made within 10 days of receipt of notice of assignment,
provided that if the notice of assignment is received less than 10 days prior to trial, the request
for substitution must be made within 24 hours of receipt of the notice and provided that if
notification is received less than 24 hours prior to trial, the action shall proceed to trial only
upon stipulation of the parties that the assigned judge may preside at the trial of the action.
Upon filing the written request, the filing party shall forthwith mail a copy thereof to all parties to
the action and to the original judge.
(2) After the written request has been filed, the original judge shall have no further jurisdiction
in the action or proceeding except to determine if the request is correct as to form and timely
filed. If no determination is made within 7 days, the clerk shall refer the matter to the chief
judge for the determination and reassignment of the action as necessary. If the request is
correct as to form and timely filed, the named judge shall be disqualified and shall promptly
request assignment of another judge under s. 751.03. 
(3) Except as provided in sub. (4), no party is entitled to file more than one such written
request in any one action, and any single such request shall not name more than one judge.
For purposes of this subsection, parties united in interest and pleading together shall be
considered as a single party, but the consent of all such parties is not needed for the filing by
one such party of a writ-ten request. 
(4) If upon an appeal from a judgment or order or upon a writ of error the appellate court
orders a new trial or reverses or modifies the judgment or order as to any or all of the parties in
a manner such that further proceedings in the trial court are necessary, any party may file a
request under sub. (1) within 20 days after the entry of the judgment or decision of the
appellate court whether or not another request was filed prior to the time the appeal or writ of
error was taken. 

History: 1971 c. 46, 137, 296, 307; 1977 c. 135; 1977 c. 187 s. 135; 1977 c. 449; 1979 c. 32 s. 66; Stats. 1979 s.
799.205; 1987 a. 151.


799.206 Return date proceedings before court commissioner. (1) In counties establishing at
least one part time or full time court commissioner position under s. 757.68 (1) (b), all actions
and proceedings commenced under this chapter shall be returnable before a court
commissioner appointed under s. 757.68. In any other county, a court commissioner may
conduct return date proceedings if delegated such authority under s. 757.69 (1) (d). 
(2) Judgment on failure to appear may be entered by the court commissioner or the clerk upon
the return date as provided in s. 799.22. 
(3) When all parties appear in person or by their attorneys on the return date in an eviction,
garnishment or replevin action and any party claims that a contest exists, the matter shall be
forthwith scheduled for a hearing, to be held as soon as possible before a judge. 
(4) Except as provided in sub. (3), the court commissioner shall hear all matters using the
procedures set forth in s. 799.207. 

History: 1977 c. 345; 1979 c. 32 ss. 66, 92 (16); Stats. 1979 s. 799.206; 1987 a. 208.


799.207 Proceedings before court commissioner. (1) (a) Any court commissioner assigned to
assist in the administration of small claims may hold a conference with the parties or their
attorneys or both on the return date, examine pleadings and identify issues. 
(b) Except as provided in par. (e), a decision shall be rendered by the court
commissioner on the return date if there is time available for a hearing, the parties do not
intend to call witnesses, and the parties agree to such a hearing. If for any of the reasons
stated in this paragraph, the matter cannot be heard on the return date, an adjourned date
shall be set. 
(c) The proceedings shall be conducted as provided in s. 799.209. 
(d) A record of the proceeding shall be made and shall be limited to the time and
location of the hearing, the parties, witnesses and attorneys present and the decision. 
(e) If the court commissioner cannot reach a decision on the return or adjourned date,
the commissioner shall mail the decision to each party within 30 days of the date of the
hearing. 
(2) The court commissioner's decision shall become a judgment 11 days after rendering, if
oral, and 16 days after mailing, if written, except that: 
(a) Default judgments will have immediate effect. 
(b) Either party may file a demand for trial within 10 days from the date of an oral
decision or 15 days from the date of mailing of a written decision to prevent the entry of the
judgment. 
(3) (a) There is an absolute right to have the matter heard before the court if the requirements
of this section are complied with. 
(b) The court commissioner shall give each of the parties a form and instructions which
shall be used for giving notice of an election to have the matter heard by the court. 
(c) The demand for trial must be filed with the court and mailed to the other parties
within 10 days from the date of an oral decision or 15 days from the date of mailing of a written
decision. Mailing of the notice and proof of such mailing is the responsibility of the party
seeking review. 
(d) Notice of a demand for trial may also be given in writing and filed by either of the
parties at the time of an oral decision. 
(4) Following the timely filing of a demand for trial, the court shall mail a trial date to all of the
parties. 
(5) A timely filing of a demand for trial shall result in a new trial before the court on all issues
between the parties. 

History: 1977 c. 345; 1979 c. 32 s. 66; 1979 c. 110; Stats. 1979 s. 799.207; Sup. Ct. Order, 141 W (2d) xiii (1987);
1987 a. 208. Judicial Council Note, 1988: The substance of sub. (5) (b) is retained in s. 799.208. [Re Order
effective Jan. 1, 1988]


799.208 Pretrial conference. In any action under this chapter, the pretrial conference may be
conducted by telephone as provided in s. 807.13 (3) at the discretion of the court and may be
conducted on the trial date. 

History: Sup. Ct. Order, 141 W (2d) xiii (1987).


799.209 Procedure. At any trial, hearing or other proceeding under this chapter: 
(1) The court or court commissioner shall conduct the proceeding informally, allowing
each party to present arguments and proofs and to examine witnesses to the extent
reasonably required for full and true disclosure of the facts. 
(2) The proceedings shall not be governed by the common law or statutory rules of
evidence except those relating to privileges under ch. 905 or to admissibility under s. 901.05.
The court or court commissioner shall admit all other evidence having reasonable probative
value, but may exclude irrelevant or repetitious evidence or arguments. An essential finding of
fact may not be based solely on a declarant's oral hearsay statement unless it would be
admissible under the rules of evidence. 
(3) The court or court commissioner may conduct questioning of the witnesses and
shall endeavor to ensure that the claims or defenses of all parties are fairly presented to the
court or court commissioner.
(4) The court or court commissioner shall establish the order of trial and the procedure
to be followed in the presentation of evidence and arguments in an appropriate manner
consistent with the ends of justice and the prompt resolution of the dispute on its mer-its
according to the substantive law. 

History: 1987 a. 208; 1991 a. 269.


799.21 Trial. (1) DETERMINATION OF METHOD OF TRIAL. In the absence of a jury demand,
trial shall be to the court. 
(2) TRIAL BY COURT. If trial is to the court, the case may, with the consent of all the parties,
be tried on the return day. 
(3) TRIAL BY JURY. (a) Any party may, upon payment of the fees prescribed in ss. 814.61 (4)
and 814.62 (3) (e), file a written demand for trial by jury. If no party demands a trial by jury, the
right to trial by jury is waived forever. In eviction actions, the demand shall be filed at or before
the time of joinder of issue; in all other actions within 20 days thereafter. 
(b) In counties establishing at least one part time or full time court commissioner
position under s. 757.68 (1) (b), except in eviction actions which shall be governed by par. (a),
demand for trial by jury shall be made at the time a demand for trial is filed.
If the party requesting a trial does not request a jury trial, any other party may request a jury
trial by filing the request with the court and mailing copies to all other parties within 15 days
from the date of mailing of the demand for trial or the date on which personal notice of demand
is given, whichever is applicable. If no party demands a trial by jury, the right to trial by jury is
waived forever. The fees prescribed in ss. 814.61 (4) and 814.62 (3) (e) shall be paid when the
demand for a trial by jury is filed. 
(4) JURY PROCEDURE. If there is a demand for a trial by jury, the judge or court
commissioner shall place the case on the trial calendar and a jury of 6 persons shall be chosen
as provided in s. 345.43 (3) (b). The parties shall proceed as if the action had originally been
begun as a proceeding under chs. 801 to 807, except that the court is not required to provide
the jury with one complete set of written instructions under s. 805.13 (4) and the requirements
for appearance by the parties shall be governed by s. 799.06 (2). 

History: Sup. Ct. Order, 67 W (2d) 585, 776 (1975); 1977 c. 345, 449; 1979 c. 32 s. 66; 1979 c. 128; Stats. 1979 s.
799.21; 1981 c. 317; 1987 a. 208. See note to 345.43, citing State v. Graf, 72 W (2d) 179, 240 NW (2d) 387.


799.213 Arbitration actions. Chapter 788 applies to actions relating to the confirmation,
vacation, modification or correction of an arbitration award. 

History: 1991 a. 163.


799.215 Trial by court, findings and judgment. Upon a trial of an issue of fact by the court, its
decision shall be given either orally immediately following trial or in writing and filed with the
clerk within 60 days after submission of the cause, and shall state separately the facts found
and the conclusions of law thereon; and judgment shall be entered accordingly. 

History: 1979 c. 32 s. 66; Stats. 1979 s. 799.215.


799.22 Judgment on failure to appear or answer. (1) WHEN PLAINTIFF FAILS TO APPEAR. If
the plaintiff fails to appear on the return date or on the date set for trial, the court may enter a
judgment for the defendant dismissing the action, on motion of the defendant or on its own
motion. 
(2) WHEN DEFENDANT FAILS TO APPEAR. If the defendant fails to appear on the return
date or on the date set for trial, the court may enter a judgment upon due proof of facts which
show the plaintiff entitled thereto. 
(3) PLAINTIFF'S PROOF WHERE ACTION AROSE ON CONTRACT FOR RECOVERY OF
MONEY. In any action arising on contract for the recovery of money only, if the defendant fails
to appear and answer or to appear at the time set for trial, the plaintiff may file with the judge
or clerk a verified complaint, or an affidavit of the facts, or may offer sworn testimony or other
evidence to the clerk or judge, and either may enter judgment thereon. 
(4) PLEADING IN LIEU OF APPEARANCE. (a) Any circuit court may by rule permit a
defendant to join issue in any of the actions specified in s. 799.01 without appearing on the
return date by answering, either by mail or by telephone, within such time and in such manner
as the rule permits. 
(am) If the defendant is a nonresident of this state, the circuit court shall adopt a
rule to permit the defendant to join issue in any of the actions specified in s. 799.01 without
appearing on the re-turn date by answering by mail, in such manner as the rule permits, and if
the court adopts a rule under par. (a) to permit the defendant to join issue without appearing
on the return date by answering by telephone, then the defendant shall also be permitted to
join issue by answering by telephone, in such manner as the rule permits. 
(b) If a court adopts a rule under par. (a), then all of the following apply: 
1. The existence of the rule shall be deemed an appearance by the plaintiff in
that court on the return date for purposes of sub. (1). 
2. A proper answer by the defendant under the rule shall be deemed an
appearance by the defendant in that court on the return date for purposes of sub. (2). 
3. Any summons under s. 799.05 (6) or (7) or 799.12 (6) (c) and any notice
under s. 799.16 (4) shall notify the defendant of the option to answer without appearing in
court on the return date and the methods of answering permitted by the rule. 

History: 1979 c. 32 s. 66; Stats. 1979 s. 799.22; 1987 a. 208; 1989 a. 56.


799.225 Dismissal of pending actions. The court may without notice dismiss any action or
proceeding, in which issue has not been joined, which is not otherwise disposed by judgment
or stipulation and order within 6 months from the original return date. 

History: 1979 c. 32 s. 66; Stats. 1979 s. 799.225.


799.24 Judgment. (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 un-satisfied 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 pro-ceedings. OAG 2 95.


799.25 Costs. The clerk shall without notice to the parties tax and insert in the judgment as
costs in favor of the party recovering judgment the following: 
(1) FILING FEE. The fee prescribed in s. 814.62 (3) (a), if paid. 
(3) MAILING FEE. The mailing fee prescribed in s. 814.62 (4), if paid. 
(5) GARNISHEE FEE. Any garnishee fee paid. 
(6) SERVICE FEES AND OTHER CHARGES. Lawful fees or charges paid to the sheriff,
constable or other person for serving the summons or any other document, and charges paid
to the sheriff in connection with the execution of any writ of restitution. 
(7) WITNESS FEES. Amounts necessarily paid out for witness fees, including travel, as
prescribed in s. 814.67. The fees for witnesses and their travel shall not exceed 50% of the
amount recovered unless an order is entered specifying the amount to be paid in excess of
50% and the reasons therefor. 
(9) JURY FEE. The fee prescribed in ss. 814.61 (4) and 814.62 (3) (e) for a jury if demanded
under s. 799.21 (3). 
(10) ATTORNEY FEES. (a) Attorney fees as provided in s. 814.04 (1) and (6), except if the
amount of attorney fees is otherwise specified by statute. 
(b) In an action of replevin and attachment the value of the property recovered
shall govern the amount of the attorney fees taxable. In an action of eviction the attorney fees
taxable shall be $10 plus such sum as is taxable under par. (a) on account of the recovery of
damages. 
(c) If judgment is for the defendant, the amount claimed in the complaint, the
value of the property sought to be recovered or the amount recovered on the defendant's
counterclaim, in the court's discretion, shall govern the amount of the attorney fees that the
defendant shall recover, and the defendant is not entitled to recover for cost items the
defendant has not advanced. 
(d) No attorney fees may be taxed in behalf of any party unless the party
appears by an attorney other than himself or herself. 
(11) ADDITIONAL COSTS. Additional costs as may be allowed to a municipality under s.
814.63 (2). 
(12) SECURITY FOR COSTS. When security for costs shall be ordered pursuant to s. 814.28,
the maximum amount allowed shall be $50. 
(13) ADDITIONAL COSTS AND DISBURSEMENTS. The court may permit additional costs and
disbursements to be taxed pursuant to ch. 814. 

History: 1971 c. 32; Sup. Ct. Order, 67 W (2d) 585, 773 (1975); 1977 c. 187, 449; 1979 c. 32 ss. 66, 92 (16); 1979
c. 176; Stats. 1979 s. 799.25; 1981 c. 317 ss. 85sn to 85sz, 2202; 1981 c. 365, 391; 1987 a. 208; 1989 a. 359;
1993 a. 490. Court commissioner lacked jurisdiction over counterclaim alleging frivolous action; therefore
commissioner's order finding claim to be nonfrivolous was void. Hessenius v. Schmidt, 102 W (2d) 697, 307 NW
(2d) 232 (1981).


799.255 Small claims fees. In actions under this chapter, the clerk shall collect the fees
prescribed in s. 814.62. 

History: 1981 c. 317.


799.26 Money damages; disclosure of assets requested. (1) When a judgment for money
damages is entered under this chapter, the court or court commissioner shall order the
judgment debtor to execute under penalty of contempt a disclosure statement and to mail or
deliver that statement to the judgment creditor or to the clerk of circuit court in the county
where the judgment is entered within 15 days of entry of judgment unless the judgment is
sooner satisfied. The statement shall disclose, as of the date of judgment, the debtor's name,
residence address, employers and their addresses, any real property interests owned by the
debtor, cash on hand, financial institutions in which the judgment debtor has funds on deposit,
whether the debtor's earnings are totally exempt from garnishment under s. 812.34 (2) (b), and
such other information as required by the schedules adopted under sub. (3). 
(1m) If the judgment debtor complies with sub. (1) by mailing or delivering the
disclosure statement to the clerk of circuit court, the judgment debtor shall mail or deliver a
copy of that disclosure statement to the judgment creditor. 
(2) Failure to comply with an order under sub. (1) is punishable by a remedial sanction
under ch. 785. Execution of a disclosure statement and delivery of the disclosure statement to
the clerk of circuit court or sheriff upon service of a motion for contempt is compliance with the
order. 
(3) The judicial conference shall adopt standard schedules for the disclosure required
by sub. (1), which shall inform judgment debtors of the requirements of this section, the
sanctions for non-disclosure or fraudulent misrepresentation, a general description of
garnishment and execution, and information about the types of assets and income which are
exempt from the claims of creditors. The judicial conference shall also adopt a standard form
pleading invoking the contempt powers of the court under sub. (2), copies of which may be
obtained by judgment creditors without charge from the clerk. 

History: 1987 a. 208; 1991 a. 182; 1993 a. 80.


799.27 Adjournments. (1) ON REQUEST. Except in eviction actions, a party who appears on
the return date shall be given, on request, an adjournment of at least 7 days, or such longer
period as the court grants. In eviction actions, no adjournments shall be granted except for
cause shown under sub. (2) and (3), unless with the consent of the plaintiff. 
(2) FOR CAUSE. For good cause shown to the court by either party, the court may extend the
time within which any act may be done, except the time for the taking of an appeal. 
(3) SAME; TERMS. No continuance under sub. (2) shall be granted, unless by consent of the
parties, except upon such terms as the court deems just. 

History: 1979 c. 32 s. 66; Stats. 1979 s. 799.27.


799.28 New trial. (1) MOTIONS FOR NEW TRIAL. Motions for new trial in the trial court are
governed by s. 805.15. A motion for a new trial must be made and heard within 20 days after
the verdict is rendered, unless the court extends the time as provided in s. 801.15 (2) (b). If the
motion is not decided within 10 days of the date of hearing, it shall be deemed denied. The
entry of judgment by the court without deciding a pending motion for a new trial shall be
deemed a denial of the motion. 
(2) NEWLY DISCOVERED EVIDENCE. A motion to set aside a verdict or to open up a
judgment and for a new trial founded upon newly discovered evidence may be heard upon
affidavits and the proceedings in the action. Such a motion may be made at any time within
one year from the verdict or finding. The order granting or denying the motion shall be in
writing and shall specify the grounds for granting the new trial, or state the court's reasons for
denying it. 

History: Sup. Ct. Order, 67 W (2d) 585, 765 (1975); 1979 c. 32 s. 66; Stats. 1979 s. 799.28.


799.29 Default judgments. (1) MOTION TO REOPEN. 
(a) There shall be no appeal from default judgments, but the trial court may, by order,
reopen default judgments upon notice and motion or petition duly made and good cause
shown. 
(b) In ordinance violation cases, the notice of motion must be made within 20 days after
entry of judgment. In ordinance violation cases, default judgments for purposes of this section
include pleas of guilty, no contest and forfeitures of deposit. 
(c) In other actions under this chapter, the notice of motion must be made within 6
months after entry of judgment unless venue was improper under s. 799.11. The court shall
order the reopening of a default judgment in an action where venue was improper upon motion
or petition duly made within one year after the entry of judgment. 
(2) STIPULATIONS. The court, judge or municipal judge having trial jurisdiction to recover a
forfeiture may, with or without notice, for good cause shown by affidavit and upon just terms,
within 30 days after the stipulation has been entered into, relieve any person from the
stipulation or any order, judgment or conviction entered or made thereon. Where the
stipulation was made without appearance in or having been filed in court, the court, judge or
municipal judge may order a written complaint to be filed and set the matter for trial. The
stipulation or a copy shall, in such cases, be filed with the court, judge or municipal judge and
costs and fees shall be taxed as provided by law. 

History: 1979 c. 32 s. 66; 1979 c. 110 s. 60 (6); Stats. 1979 s. 799.29; 1983 a. 228; 1985 a. 332; 1987 a. 208.
Judicial Council Note, 1983: Sub. (1) (c) liberalizes the time limit for reopening default judgments entered in
improperly venued actions. This remedy supplements the court's authority under s. 799.11 (3) to correct venue on
its own motion. [Bill 324 S] Sub. (1) provides exclusive procedure for reopening default judgment in small claims
proceedings. King v. Moore, 95 W (2d) 686, 291 NW (2d) 304 (Ct. App. 1980).


799.30 Appeal. An appeal of a judgment or order under this chapter shall be to the court of
appeals. 

History: Sup. Ct. Order, 67 W (2d) 585, 776 (1975); 1975 c. 218; 1977 c. 187; 1979 c. 32 s. 66; Stats. 1979 s.
799.30. Cross reference: See s. 66.12 for provision for appeals in city and village ordinance violation cases.


799.40 Eviction actions. (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).


799.41 Complaint in eviction actions. 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.


799.42 Service and filing in eviction actions. 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.


799.43 Defendant's pleading in eviction actions. 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).


799.44 Order for judgment; writ of restitution. (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 per-form 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.


799.445 Appeal. 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]


799.45 Execution of writ of restitution. (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.