§ 799.40. Eviction actions

Codes > Wisconsin Statutes > Civil Procedure > Chapter 799. > 799.40. Eviction

799.40. Eviction actions

(1) When commenced.A civil action of eviction may be commenced by a person entitled to the possession of real property to remove therefrom any person who is not entitled to either the possession or occupancy of such real property.

(2) Joinder of other claims.The plaintiff may join with the claim for restitution of the premises any other claim against the defendant arising out of the defendant's possession or occupancy of the premises.

(3) Exception.Nothing in this section shall affect ss. 704.09(4) and 704.19.

(4) Stay of proceeding.(a) The court shall stay the proceedings in a civil action of eviction if the tenant applies for emergency assistance under s. 49.138. The tenant shall inform the court of the outcome of the determination of eligibility for emergency assistance. The stay remains in effect until the tenant's eligibility for emergency assistance is determined and, if the tenant is determined to be eligible, until the tenant receives the emergency assistance.

(b) The court shall stay the proceedings in a civil action of eviction against a foreclosed homeowner, as defined in s. 846.40(1)(b), under the circumstances and as provided in s. 846.40(9).