Wisconsin Eviction Summons and Complaint (Small Claims — SC-500 Companion)

WISCONSIN EVICTION COMPLAINT (SUPPLEMENTAL TO FORM SC-500)

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. Premises and Tenancy
4. Predicate Termination Notice
5. Service of Termination Notice
6. Defendant's Holdover and Right to Possession
7. Federal Compliance — CARES Act, VAWA, SCRA, Lead-Paint
8. Money Damages (Joined with Eviction)
9. Prayer for Relief
10. Verification
11. Signature
12. Notice of Initial Appearance
13. Certificate of Service
14. Wisconsin Practice Notes
15. Sources and References

1. CAPTION

STATE OF WISCONSIN

CIRCUIT COURT — [COUNTY] COUNTY

SMALL CLAIMS DIVISION

Case No. [______________________]

Case Code: 31001 (Eviction)

EVICTION COMPLAINT (SUPPLEMENTAL TO FORM SC-500)

Plaintiff, by counsel, complains of Defendants and alleges as follows:

2. PARTIES, JURISDICTION, AND VENUE

2.1. Plaintiff is the owner / landlord of the Premises identified below and is entitled to possession thereof.

2.2. Defendants are tenants and/or occupants of the Premises under a rental agreement with Plaintiff (or under occupancy derivative thereof).

2.3. Subject-Matter Jurisdiction. The Wisconsin Circuit Court has subject-matter jurisdiction over this eviction action under Wis. Stat. § 753.03 and the small claims jurisdictional grant in Wis. Stat. § 799.01(1)(a)1. Eviction actions are heard exclusively under the small claims procedure of ch. 799 regardless of rent amount in controversy.

2.4. Personal Jurisdiction. Defendants reside at and are in possession of the Premises in [COUNTY] County, Wisconsin, and personal jurisdiction is proper under Wis. Stat. § 801.05.

2.5. Venue. Venue is proper in [COUNTY] County under Wis. Stat. § 801.50(2)(a) (county where real property is situated) and § 799.11.

3. PREMISES AND TENANCY

3.1. Premises. The residential rental dwelling that is the subject of this action is located at:

[STREET ADDRESS, UNIT/APT NUMBER, CITY, WISCONSIN, ZIP] (the "Premises").

3.2. Title. Plaintiff is the owner of the Premises [and/or — the duly authorized agent of the owner] by virtue of [deed recorded at __, etc.].

3.3. Rental Agreement. Defendants entered into a [☐ written / ☐ oral] rental agreement with Plaintiff on [__/__/____] (the "Lease"). A true and correct copy of the Lease is attached as Exhibit 1.

3.4. Tenancy Type:

• ☐ Month-to-month periodic tenancy (rent due [____] of each month)
• ☐ Week-to-week periodic tenancy
• ☐ Fixed-term tenancy of one year or less ending [__/__/____]
• ☐ Fixed-term tenancy of more than one year ending [__/__/____]
• ☐ Tenancy at will / sufferance

3.5. Rent. Rent is $[______] per [month / week], payable in advance.

4. PREDICATE TERMINATION NOTICE

4.1. Notice Served. Prior to commencing this action, Plaintiff served upon Defendants a notice of termination of tenancy in the form required by Wis. Stat. § 704.17. A true and correct copy of the notice is attached as Exhibit 2 (the "Notice").

4.2. Type of Notice (check one):

• ☐ 5-Day Pay-or-Quit for nonpayment of rent under § 704.17(1)(a) / (1m). Past-due rent: $[______] for the period [___].
• ☐ 14-Day Unconditional Notice for nonpayment, second occurrence within 12 months under § 704.17(1)(a) (alternative remedy). Prior 5-day notice served on [__/__/____] (Exhibit 2-A).
• ☐ 30-Day Pay-or-Quit for nonpayment, fixed-term tenancy of more than 1 year under § 704.17(2)(a).
• ☐ 5-Day Cure or Quit for breach of covenant under § 704.17(1)(b). Specific breach: [STATE BREACH].
• ☐ 14-Day Unconditional Notice for breach, second occurrence within 12 months under § 704.17(1)(b). Prior 5-day cure served on [__/__/____] (Exhibit 2-A).
• ☐ 30-Day Cure or Quit for breach, fixed-term tenancy of more than 1 year under § 704.17(2)(b).
• ☐ 5-Day Imminent-Threat / No-Cure under § 704.17(3m). Conduct: [FACTUAL BASIS].
• ☐ 28-Day No-Cause termination of periodic tenancy under § 704.19.
• ☐ 30-Day CARES Act notice under 15 U.S.C. § 9058 (covered dwelling).

4.3. Termination Date. The Notice required Defendants to [pay rent / cure / vacate] on or before [__/__/____] (the "Termination Date").

4.4. Failure to Comply. Defendants failed to [pay the past-due rent / cure the breach / vacate] within the time required by the Notice and remain in possession of the Premises.

5. SERVICE OF TERMINATION NOTICE

5.1. The Notice was served on Defendants on [__/__/____] by the following method permitted under Wis. Stat. § 704.21:

• ☐ Personal delivery to [NAME], the Defendant.
• ☐ Personal delivery to a competent member of Defendant's household 14 years of age or older.
• ☐ Certified mail, return receipt requested. Proof of certified mailing is attached as Exhibit 3. Pursuant to Wis. Stat. § 704.21(1)(d) and § 799.40(1g) (as amended by 2017 Wis. Act 317), proof of certified mailing from the United States Postal Service is sufficient to establish proper notice.
• ☐ First-class mail (3 additional days added).
• ☐ Posting in a conspicuous place AND mailing, after personal service was attempted with reasonable diligence.

5.2. Affidavit of Service. A non-party server's affidavit of service is attached as Exhibit 3-A (where applicable).

6. DEFENDANT'S HOLDOVER AND RIGHT TO POSSESSION

6.1. By reason of the matters set forth in Sections 3–5, Defendants' tenancy was terminated as of the Termination Date.

6.2. Defendants remain in possession of the Premises without right or consent of Plaintiff and are holdover tenants in violation of Wis. Stat. § 704.27.

6.3. Plaintiff is entitled to immediate possession of the Premises and to a writ of restitution restoring possession.

6.4. Title Not in Dispute. Plaintiff holds title or the right of possession to the Premises. The Defendants have no superior right to possession.

6.5. Non-Waiver. Plaintiff has not accepted rent (other than rent applied to periods preceding the Termination Date) or otherwise reinstated the tenancy. Wis. Stat. § 704.17(3); 2017 Wis. Act 317.

7. FEDERAL COMPLIANCE — CARES ACT, VAWA, SCRA, LEAD-PAINT

7.1. CARES Act. The Premises [☐ is / ☐ is not] a "covered dwelling" within the meaning of 15 U.S.C. § 9058. [If covered: Plaintiff served the required 30-day pre-eviction notice on __/__/____. If not covered: state basis — e.g., property is not federally subsidized, has no federally backed mortgage loan, etc.]

7.2. VAWA (federally subsidized housing). [If applicable: Plaintiff has complied with 34 U.S.C. § 12491 by providing the HUD-5380 Notice of Occupancy Rights and HUD-5382 Certification form, and by considering Defendants' invocation of VAWA defenses, if any.]

7.3. SCRA. Plaintiff has investigated and verified, by reference to the Department of Defense Manpower Data Center records, that no Defendant is on active military duty. A non-military affidavit will be filed at or before judgment as required by 50 U.S.C. § 3931.

7.4. Lead-Paint Disclosure. [If pre-1978 housing: Plaintiff provided the EPA Lead Hazard Information Pamphlet and required Lead Disclosure Form to Defendants prior to lease execution as required by 42 U.S.C. § 4852d and Wis. Stat. § 254.176.]

8. MONEY DAMAGES (JOINED WITH EVICTION)

8.1. Past-Due Rent. Defendants owe Plaintiff $[______] in past-due rent through the date of filing.

8.2. Late Fees. Defendants owe $[______] in lawful late fees under Lease ¶ [____] to the extent permitted under ATCP 134.

8.3. Holdover Damages. Pursuant to Wis. Stat. § 704.27, Plaintiff seeks holdover damages at up to twice the daily rental value ($[______] per day) from the Termination Date through Defendants' actual surrender of the Premises.

8.4. Property Damage. Defendants caused damage to the Premises beyond ordinary wear and tear in the approximate amount of $[______], to be itemized at trial.

8.5. Costs and Fees. Plaintiff seeks costs and disbursements under Wis. Stat. § 799.25 and reasonable attorney fees if authorized by the Lease.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully demands:

• A. A judgment of restitution restoring possession of the Premises to Plaintiff;
• B. A writ of restitution to issue pursuant to Wis. Stat. § 799.45, with execution at the earliest date permitted by law;
• C. Money judgment against Defendants, jointly and severally, for past-due rent, late fees, holdover damages under § 704.27, property damages, and other amounts to be proven at trial;
• D. Costs and disbursements under Wis. Stat. § 799.25;
• E. Reasonable attorney fees if authorized by the Lease and applicable law;
• F. Pre-judgment and post-judgment interest at the legal rate;
• G. Such other and further relief as the Court deems just and equitable.

10. VERIFICATION

STATE OF WISCONSIN

COUNTY OF [COUNTY]

I, [PLAINTIFF / AUTHORIZED AGENT NAME], being first duly sworn upon oath, depose and say:

10.1. I am the [Plaintiff / authorized agent of Plaintiff] in this action.

10.2. I have read the foregoing Eviction Complaint and know the contents thereof.

10.3. The allegations are true to my own personal knowledge except as to those matters stated upon information and belief, and as to those I believe them to be true.

[________________________________]

[PLAINTIFF / AGENT NAME]

Subscribed and sworn to before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public, State of Wisconsin

(My Commission Expires: [_______________])

11. SIGNATURE

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Wis. State Bar No. [####]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, WI ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

12. NOTICE OF INITIAL APPEARANCE

TO THE ABOVE-NAMED DEFENDANTS:

You are hereby notified that this action seeks to evict you from the Premises identified above. You must appear at the Initial Appearance on:

IF YOU DO NOT APPEAR, judgment may be entered against you for restitution of the Premises and a writ of restitution will issue authorizing the sheriff to remove you. A money judgment may also be entered.

TO CONTEST, you must appear AND state at the initial appearance that you contest the eviction. The court will then schedule a trial, typically within 30 days. Wis. Stat. § 799.41.

JURY TRIAL. You have the right to demand a jury trial by filing a written demand and paying the $144.00 jury fee within the time required by Wis. Stat. § 799.21.

FREE OR REDUCED-COST LEGAL HELP:

• Tenant Resource Center (Madison): (608) 257-0006
• Legal Action of Wisconsin: (855) 947-2529
• Wisconsin Judicare: (715) 842-1681
• Milwaukee Justice Center: (414) 278-2912
• Wisconsin State Bar Lawyer Referral Service: (800) 362-9082

13. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], the foregoing EVICTION COMPLAINT and accompanying SC-500 Summons were served upon the following Defendants by the methods indicated:

[________________________________]

[ATTORNEY / SERVER NAME]

14. WISCONSIN PRACTICE NOTES

• Mandatory court forms. Wisconsin Circuit Court eviction filings must include the SC-500 Summons and Complaint cover form. Local rules (e.g., Milwaukee, Dane, Waukesha) may require additional cover sheets and case-information forms. Verify with the Clerk of Circuit Court.
• Filing fees. As of 2024-2026, the eviction filing fee is approximately $94.50 (subject to change). Wis. Stat. § 814.62. Service-of-process fees and writ-of-restitution fees are additional.
• Initial appearance timing. § 799.05(3)(c)1. and § 799.41 require that the initial appearance be scheduled not less than 5 nor more than 25 days after issuance of the summons. Service must be completed at least 5 days before the initial appearance.
• First appearance procedure. At the initial appearance, the court determines whether the eviction is contested. If uncontested, the court enters judgment of restitution and may set the writ-of-restitution date. If contested, the court refers the matter to a circuit judge for trial, typically within 30 days.
• 2017 Act 317 amendments. Tenant must "raise valid legal grounds to contest" — bare denial is insufficient under § 799.206(3) (as amended). Additionally, certified-mail proof now establishes notice without separate affidavit.
• Joinder. Money damages claims may be joined under § 799.40(3) but the eviction-only question is heard first. The court may bifurcate or proceed in unified fashion at trial.
• Writ of restitution. § 799.45 authorizes the writ. Local sheriffs typically execute within 5–10 business days. The tenant's personal property left behind is handled under Wis. Stat. § 704.05(5)(bf) (as amended by 2015 Act 176 — landlord may dispose of personal property left behind without storage obligation, subject to certain notice and process requirements).
• Adjournment. § 799.40(3) bars adjournments in eviction cases except for cause shown unless plaintiff consents.
• Defective notice = dismissal. Wisconsin courts strictly construe § 704.17 notices. A defective notice (wrong notice period; mid-period termination; missing rent amount; wrong tenant named) requires dismissal without prejudice. Plaintiff must serve a new, correct notice and refile.
• Local preemption (2017 Act 317). Many Madison and Milwaukee tenant-protection ordinances were preempted in 2018. Confirm current status before relying on local rules.
• WCCA visibility. Eviction filings appear on Wisconsin Circuit Court Access (WCCA). 2017 Act 317 placed limits on visibility of dismissed cases but did not eliminate it. Document any settlement carefully.
• Common-law rule against self-help. Even after filing, the landlord must wait for a writ of restitution and sheriff execution. Self-help between filing and writ is actionable as an unfair trade practice under § 100.20(5) and ATCP 134.09(7).

15. SOURCES AND REFERENCES

• Wis. Stat. ch. 799 (Small Claims Procedure) — https://docs.legis.wisconsin.gov/statutes/statutes/799
• Wis. Stat. § 799.40 (Eviction actions) — https://docs.legis.wisconsin.gov/statutes/statutes/799/40
• Wis. Stat. § 799.41 (Initial appearance / hearing)
• Wis. Stat. § 799.45 (Writ of restitution)
• Wis. Stat. ch. 704 (Landlord and Tenant)
• Wis. Stat. § 704.17 (Termination notices)
• Wis. Stat. § 704.27 (Holdover damages)
• Wisconsin Court System — Form SC-500 — https://www.wicourts.gov/forms1/circuit/ccform.jsp?FormName=SC-500
• Wisconsin Court System — Form SC-500I (Instructions) — https://www.wicourts.gov/formdisplay/sc-500i.pdf
• Wisconsin Legislative Council — Eviction of a Residential Tenant — https://docs.legis.wisconsin.gov/misc/lc/information_memos/2024/im_2024_12
• Wis. Admin. Code ATCP 134 — https://docs.legis.wisconsin.gov/code/admin_code/atcp/090/134
• 2017 Wisconsin Act 317 — https://docs.legis.wisconsin.gov/2017/related/lcactmemo/act317
• Wisconsin Circuit Court Access (WCCA) — https://wcca.wicourts.gov
• 15 U.S.C. § 9058 (CARES Act 30-day notice)
• 50 U.S.C. § 3931 (SCRA non-military affidavit)
• 34 U.S.C. § 12491 (VAWA — federally subsidized housing)
• 42 U.S.C. § 4852d (federal lead-paint disclosure)
• Wis. Stat. § 254.176 (Wisconsin lead poisoning prevention)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Wisconsin must review and customize this document before filing. Wisconsin Circuit Courts require use of the official SC-500 form; this companion pleading does not replace it. Verify current local rules and statutory text before filing.