Section 799.41. Complaint in eviction actions.  


Latest version.
  • (1)  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.
    (2)  If the eviction seeks to remove a tenant whose tenancy is terminated as the result of a foreclosure judgment and sale under s. 708.02 , the complaint shall identify the action as an eviction of the tenant due to a foreclosure action.
Sup. Ct. Order, 67 Wis. 2d 585, 766 (1975); 1975 c. 218 ; 1979 c. 32 ss. 66 , 92 (16) ; Stats. 1979 s. 799.41; 1987 a. 403 ; 2009 a. 28 .