799.43 Defendant's pleading in eviction actions. The defendant may plead to the complaint orally or in writing, except that if the plaintiff's title is put in issue by the defendant, the answer shall be in writing and subscribed in the same manner as the complaint. Within the limitation of s. 799.02 the defendant may counterclaim provided that in construing s. 799.02 as applied to eviction actions, any claim related to the rented property shall be considered as arising out of the transaction or occurrence which is the subject matter of the plaintiff's claim.
History: Sup. Ct. Order, 67 Wis. 2d 585, 766 (1975); 1975 c. 218; 1979 c. 32 ss. 66, 92 (16); Stats. 1979 s. 799.43.
Counterclaims relating to oral agreements to pay increased rent, unfair trade practices, oral guarantees, and interference with quiet enjoyment were properly dismissed as extrinsic to a lease. Scalzo v. Anderson, 87 Wis. 2d 834, 275 N.W.2d 894 (1979).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 799 - Procedure in small claims actions.
799.01 - Applicability of chapter.
799.02 - Counterclaims and cross complaints.
799.04 - Relation of this chapter to other procedural rules.
799.06 - Actions; how commenced, pleadings, appearances.
799.07 - File of summons; forfeiture tickets; warrants.
799.10 - Case file, court record.
799.14 - Failure of actual notice of suit by mail.
799.16 - Actions in rem or quasi in rem; limitation on judgment.
799.20 - Answer; counterclaim and cross complaint.
799.205 - Substitution of judge.
799.206 - Return date proceedings before court commissioner.
799.207 - Proceedings before circuit court commissioner.
799.208 - Pretrial conference.
799.213 - Arbitration actions.
799.215 - Trial by court, findings and judgment.
799.22 - Judgment on failure to appear or answer.
799.225 - Dismissal of pending actions.
799.26 - Money damages; disclosure of assets requested.
799.41 - Complaint in eviction actions.
799.42 - Service and filing in eviction actions.
799.43 - Defendant's pleading in eviction actions.
799.44 - Order for judgment; writ of restitution.
799.45 - Execution of writ of restitution; disposal of personal property.