704.31 Remedy on default in long terms; improvements.
(1) If there is a default in the conditions in any lease or a breach of the covenants thereof and such lease provides for a term of 30 years or more and requires the tenant to erect or construct improvements or buildings upon the land demised at the tenant's own cost and exceeding in value the sum of $50,000, and such improvements have been made and the landlord desires to terminate the lease and recover possession of the property described therein freed from all liens, claims or demands of such lessee, the landlord may, in case of any breach or default, commence an action against the tenant and all persons claiming under the tenant to recover the possession of the premises leased and proceed in all respects as if the action was brought under the statute to foreclose a mortgage upon real estate, except that no sale of the premises shall be ordered.
(2) The judgment shall determine the breach or default complained of, fix the amount due the landlord at such time, and state the several amounts to become due within one year from the entry thereof, and provide that unless the amount adjudged to be due from the tenant, with interest thereon as provided in the lease or by law, shall be paid to the landlord within one year from the entry thereof and the tenant shall, within such period, fully comply with the judgment requiring the tenant to make good any default in the conditions of the lease, that the tenant and those claiming under the tenant shall be forever barred and foreclosed of any title or interest in the premises described in the lease and that in default of payment thereof within one year from the entry of the judgment the tenant shall be personally liable for the amount thereof. During the one-year period ensuing the date of the entry of the judgment the possession of the demised premises shall remain in the tenant and the tenant shall receive the rents, issues and profits thereof; but if the tenant fails to comply with the terms of the judgment and the same is not fully satisfied, and refuses to surrender the possession of the demised premises at the expiration of said year, the landlord shall be entitled to a writ of assistance or execution to be issued and executed as provided by law.
(3) This section does not apply to a lease to which a local professional baseball park district created under subch. III of ch. 229 or the Fox River Navigational System Authority is a party.
History: 1993 a. 486; 1995 a. 56; 2001 a. 16; 2009 a. 28; 2011 a. 10.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 704 - Landlord and tenant.
704.02 - Severability of rental agreement provisions.
704.03 - Requirement of writing for rental agreements and termination.
704.05 - Rights and duties of landlord and tenant in absence of written agreement to contrary.
704.055 - Disposition of personalty left by trespasser.
704.06 - Water heater thermostat settings.
704.07 - Repairs; untenantability.
704.085 - Credit and background checks.
704.09 - Transferability; effect of assignment or transfer; remedies.
704.13 - Acts of tenant not to affect rights of landlord.
704.14 - Notice of domestic abuse protections.
704.15 - Requirement that landlord notify tenant of automatic renewal clause.
704.16 - Termination of tenancy for imminent threat of serious physical harm; changing locks.
704.165 - Termination of tenancy at death of tenant.
704.17 - Notice terminating tenancies for failure to pay rent or other breach by tenant.
704.19 - Notice necessary to terminate periodic tenancies and tenancies at will.
704.21 - Manner of giving notice.
704.22 - Service of process in residential tenancy on nonresident party.
704.23 - Removal of tenant on termination of tenancy.
704.25 - Effect of holding over after expiration of lease; removal of tenant.
704.27 - Damages for failure of tenant to vacate at end of lease or after notice.
704.28 - Withholding from and return of security deposits.
704.29 - Recovery of rent and damages by landlord; mitigation.
704.31 - Remedy on default in long terms; improvements.
704.40 - Remedies available when tenancy dependent upon life of another terminates.
704.44 - Residential rental agreement that contains certain provisions is void.
704.45 - Retaliatory conduct in residential tenancies prohibited.
704.50 - Disclosure duty; immunity for providing notice about the sex offender registry.
704.90 - Self-service storage facilities.
704.95 - Practices regulated by the department of agriculture, trade and consumer protection.