Wisconsin Complaint regarding double rent damages for holdover

State:
Multi-State
Control #:
US-01621
Format:
Word; 
Rich Text
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Description

This form is a sample civil complaint for a lawsuit for damages. It will need to be adapted to fit your facts and circumstances, and to comply with your state's procedural law.The form is a useful model from which to base your Complaint.
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FAQ

To remove a tenant from a property, a landlord must initiate a holdover proceeding, which essentially is an eviction case that is not based on missed rent payments. This is a process that is usually handled in eviction or small claims courts.

Ing to Wisconsin statute 704.15, landlords must give the tenant at least 15 days' notice of the option to renew their lease automatically. If proper notice isn't given, the automatic renewal will be invalid. One way to ensure your tenants receive ample notice is with an Avail rental lease agreement.

A ?holdover? occurs when a tenant continues to occupy and use the premises after the term of the lease ends. If the landowner continues to accept rent payments, the holdover tenant can continue to legally occupy the premises.

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

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

Primary tabs. Holdover tenant refers to a renter staying in the property after their lease terminates without signing a new lease. In this situation, the landlord may take steps to remove the tenant from the property or bind the tenant to a new lease.

Holdover Damages means the additional Basic Rental paid by Tenant to the landlords under the Existing Leases, to the extent such Basic Rental exceeds the Basic Rental in effect immediately prior to the holdover.

Example: ?If Lessee holds possession of the Premises after the Term of this Lease, Lessee shall become a tenant from month to month under the provisions herein provided, but at a monthly basic rental equal to 150% of the then monthly basic rental for the first month of such holdover ? and such tenancy shall continue ...

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Wisconsin Complaint regarding double rent damages for holdover