If the lessee of a place has been convicted of keeping that place as a place of prostitution or if such place has been adjudged a nuisance under this chapter, the lease by which such place is held is void and the lessor shall have the same remedies for regaining possession of the premises as the lessor would have against a tenant holding over the tenant’s term.
823.16.Remedy of lessor of place of prostitution.
Ch. 823: Nuisances · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 823.16 voids a lease the moment the tenant is convicted of running the leased premises as a place of prostitution or the premises is adjudged a nuisance under the chapter, and gives the landlord the same eviction remedies used against a holdover tenant.
Full Text of Section 823.16
Plain-English Summary
Section 823.16 ties a lease’s survival to how the tenant used the property. If the lessee of a place has been convicted of keeping that place as a place of prostitution, or the place has been adjudged a nuisance under chapter 823, the lease by which it is held is void. Either trigger is enough on its own.
Once the lease is void, the landlord does not need a separate legal theory to get the property back. Section 823.16 gives the lessor the same remedies for regaining possession that a landlord already has against a tenant who stays on after the lease term ends, letting the landlord use the familiar holdover process instead of building a new case from scratch.
Frequently Asked Questions
What voids a lease under Wisconsin section 823.16?
Either the lessee’s conviction for keeping the place as a place of prostitution, or the place being adjudged a nuisance under chapter 823.
What remedy does the landlord get once the lease is void under this section?
The same remedies for regaining possession of the premises that a landlord has against a tenant holding over after the tenant’s term.
Does the landlord need a criminal conviction, or is a civil nuisance finding enough?
Either one works. Section 823.16 voids the lease if the lessee is convicted of the crime or if the place has been adjudged a nuisance under the chapter.
Is there a similar rule for a lease of a gambling place in Wisconsin?
Yes. Section 823.20(3) gives a lessor the same remedy when the lessee is convicted of commercial gambling connected to the place or the place is adjudged a nuisance.
What does ’holding over’ mean in the remedy this section gives the landlord?
It refers to a tenant who remains on the property after the lease term has ended. Section 823.16 lets the landlord use that same repossession process once the lease is void.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 762 (1975); Stats. 1975 s. 823.16; 1993 a. 486.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: wisconsin lease void prostitution nuisancelandlord remedy prostitution nuisance propertyevicting tenant convicted prostitution wisconsinlease voided by nuisance adjudication