Legal Question in Real Estate Law in Wisconsin
small claims court
We have a commercial property and a tenant in the property owes us 3 months rent @ 5750.00 per month. He is moving out 3-1-08 and quitting business. Can we file a seperate claim for every month he owes us rent. The wisconsin small claim max is $5,000 per claim
1 Answer from Attorneys
Re: small claims court
Damages are not capped for evictions.
Wis. Statute 799.01 gives small claims jurisdiction for:
(a) Eviction actions. Actions for eviction as defined in s. 799.40 regardless of the amount of rent claimed therein.
You should probably contact an attorney and see if you can get the eviction action and the adjoining damages filed as soon as possible. Even if the eviction is waived because the tenant consents to leave, at least now you have brought the action as an eviction, instead of a breach of contract claim.
www.SMSweeneyLaw.com
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