Wisconsin Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand

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Multi-State
Control #:
US-03314BG
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Unlawful entry is illegal entry upon lands or structures without force but by means of fraud or other willful wrong. It is closely related to housebreaking. But unlike housebreaking, the intent to commit an offense within the place entered is not needed for this offense. The basis of proof for this offense is that the entry was unlawful and that the conduct of the accused was contrary to good order and discipline.


Unlawful detention means keeping in custody unlawfully. Under criminal law it means keeping or confining a person in custody without any lawful reason. In civil law it is keeping in custody real property to which one is not entitled. A person is guilty of unlawful detention of real property when entry is made wrongfully without any right or title into any vacant or unoccupied lands tenements or other possessions.

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FAQ

For example, if a landlord successfully proves their case in court and obtains a judgment for possession, they can legally regain control of the property. The court may also award the landlord compensation for any unpaid rent or other damages incurred during the eviction process.

Here is an overview of what is not acceptable behavior and what could be considered harassment: Taking away services provided in the lease (such as parking or laundry) Shutting of utilities for the purpose of harassment or eviction. Entering an apartment without proper notice. Changing the locks while a tenant is away.

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.

Tenants in Wisconsin have the right to exclusive possession of their apartment. This means that a landlord cannot enter without advance notice (or whatever terms are in your lease about entry): Entry must be at reasonable times and for three reasons (Maintenance, to show your place, an emergency).

Removal from premises The landlord may not confiscate your personal belongings, turn off your utilities, lock you out of your apartment, or use force to remove you. If the small claims court judge rules in the landlord's favor, the judge may issue a court order requiring you to leave the property.

The state laws and regulations which landlords must follow in returning or keeping earnest money deposits and in charging ?credit check fees? are at Wis. Admin. Code DATCP § 134.05. If a landlord does not follow these rules, you may be able to sue the landlord for double your money losses and reasonable attorney fees.

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).

The landlord is responsible for cleaning the rental unit, although the cost will likely get covered by the previous tenant's security deposit. But if a tenant has already moved out and is unreachable, it is still the landlord's responsibility to ensure the unit is clean for the next tenant.

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Wisconsin Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand