Cal. Civ. Code § 799.445
Appeal.
Operative Text
799.445 Appeal. An appeal in an eviction action shall be initiated within 15 days of the entry of judgment or order as specified in s. 808.04 (2). An order for judgment for restitution of the premises under s. 799.44 (1) or for denial of restitution is appealable as a matter of right under s. 808.03 (1) within 15 days after the entry of the order for judgment for restitution or for denial of restitution. An order for judgment for additional causes of action is appealable as a matter of right under s. 808.03 (1) within 15 days after the entry of the order for judgment for the additional causes of action. No appeal by a defendant of an order for judgment for restitution of the premises may stay proceedings on the judgment unless the appellant serves and files with the notice of appeal an undertaking to the plaintiff, in an amount and with surety approved by the judge who ordered the entry of judgment. The undertaking shall provide that the appellant will pay all costs and disbursements of the appeal which may be taxed against the appellant, obey the order of the appellate court upon the appeal and pay all rent and other damages accruing to the plaintiff during the pendency of the appeal. Upon service and filing of this undertaking, all further proceedings in enforcement of the judgment appealed from are stayed pending the determination of the appeal. Upon service by the appellant of a copy of the notice and appeal and approved undertaking upon the sheriff holding an issued but unexecuted writ of restitution or of execution, the sheriff shall promptly cease all further proceedings pending the determination of the appeal. If the tenant fails to pay rent when due, or otherwise defaults in the terms of the undertaking, the payment guaranteed by the undertaking with surety shall be payable immediately to the plaintiff and shall not be held in escrow by the court. Upon the failure of the tenant to pay rent when due, or upon other default by the tenant in the terms of the undertaking, the stay of proceedings shall be dismissed and the sheriff shall immediately execute the writ of restitution.
Wisconsin Statute § 799.445 governs how eviction judgments may be appealed in the state. Any appeal in an eviction action must be filed within 15 days of the entry of judgment or order. A defendant who appeals a restitution order can pause enforcement of that judgment only by filing a financial undertaking—essentially a bond—that guarantees payment of appeal costs, ongoing rent, and other damages during the appeal period; if the tenant defaults on that undertaking, the stay is automatically lifted and the sheriff may immediately execute the writ of restitution.
Plain English — not legal advice.
Under Wis. Stat. § 799.445, a landlord facing a tenant's appeal of a restitution order should be aware that enforcement of the judgment is stayed only if the tenant files an approved undertaking with surety. Compliant operators typically monitor whether the required undertaking has been properly served and filed, and track whether the tenant remains current on rent during the appeal period. If the tenant misses a rent payment or otherwise defaults on the undertaking, the statute provides that the stay is dismissed and the sheriff may proceed immediately with the writ of restitution, so maintaining clear records of payment status is a standard practice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wis. Stat. § 799.445 establishes that a tenant in an eviction action has 15 days from the entry of judgment to initiate an appeal, and that appealing a restitution order does not automatically pause eviction proceedings. To obtain a stay of enforcement, a tenant must serve and file a financial undertaking—approved by the judge—that covers appeal costs, ongoing rent, and other damages accruing during the appeal. Tenants seeking to understand their options under this provision may benefit from consulting a tenant-rights organization or legal aid office familiar with Wisconsin eviction procedure.
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.
Effective Timeline
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