Wisconsin Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term

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US-03329BG
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Description

A forcible entry is an entry on real property in the peaceful possession of another, against the occupant's will, without legal authority, with actual or threatened force. Forcible detainer arises after entry, whether forcible or not, and usually consists of the unlawful holding of real property by force or by threats or menaces after a peaceable entry -- as in the case of a hold-over tenant.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Non-renewal of a lease after the end of the rental period As long as the tenant does not violate any rules, they can stay until their rental term ends. However, a tenant can be evicted if they stay in the property even a day after their lease term ends (and have not arranged for a renewal).

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.

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.

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.

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.

Non-renewal of a lease after the end of the rental period As long as the tenant does not violate any rules, they can stay until their rental term ends. However, a tenant can be evicted if they stay in the property even a day after their lease term ends (and have not arranged for a renewal).

Ask the Tenant to move out in writing, ing to your state laws regarding Landlord and Tenant. Then, if they don't move out, file an eviction in Justice Court stating that Landlord demands possession, Tenant has no lease. Consult the State Property Code for directions on how to do it legally in Wisconsin.

When a tenant with no written lease pays rent on a monthly basis, the tenant and the landlord must meet two requirements in terminating tenancy. First, the notice must be in writing. Second, you must give notice at least 28 days before the end of the rent-paying period.

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Wisconsin Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term