Cal. Civ. Code § 799.41
Complaint in eviction actions.
Operative Text
799.41 Complaint in eviction actions. (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.
Wisconsin Statute § 799.41 establishes the formal requirements for a written eviction complaint filed in court. The complaint must identify the parties involved, describe the rental property (a street address is considered sufficient), and explain the legal grounds for removing the occupant. If the eviction stems from a mortgage foreclosure judgment and sale, the complaint must specifically say so, and any additional claims beyond removal must be stated separately.
Plain English — not legal advice.
Under Wis. Stat. § 799.41, a landlord initiating an eviction action files a written complaint that clearly names all parties, identifies the property by address or other reasonable description, and sets out the factual basis for seeking the tenant's removal. If the eviction arises from a foreclosure under s. 708.02, compliant operators note that specific circumstance in the complaint. Any monetary or other claims joined to the eviction under s. 799.40(2) are stated separately from the removal claim to satisfy the statute's pleading requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wis. Stat. § 799.41 gives tenants a basis to examine whether an eviction complaint filed against them meets the law's minimum requirements — including whether the property is properly identified, the grounds for removal are stated, and, if the eviction follows a foreclosure, whether that is disclosed. If a complaint appears to be missing required elements, a tenant may raise that deficiency as part of their response in the eviction proceeding. Tenant-rights organizations in Wisconsin can help individuals understand what a legally sufficient complaint under § 799.41 should contain and what options may be available when one falls short.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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