843.03.Complaint, what to allege.
Ch. 843: Actions for Possession of Real Property; Damages for Withholding · Last amended 1993 · Last verified July 15, 2026
Full Text of Section 843.03
Plain-English Summary
Section 843.03 sets the pleading checklist for a possession lawsuit. The complaint must describe the property in dispute, so the court and the defendant know exactly what land or premises is at stake. It must allege the plaintiff’s interest in that property, and separately allege the plaintiff’s right to possession along with the reasons supporting that right — the two are related but distinct: a person can hold an interest in property without necessarily having a present right to possess it.
The complaint must also state the time at which the plaintiff became entitled to possession, allege that the defendant unlawfully withholds it, and demand possession as relief. If the plaintiff also wants damages, the complaint must state the amount claimed.
Each of these requirements gives the defendant notice of what is being claimed and why, and gives the court the factual building blocks it needs to enter judgment. A complaint that skips one of these elements — say, the time the plaintiff became entitled to possession — leaves out a fact the statute treats as part of the claim.
Frequently Asked Questions
What does a complaint have to say to bring a possession lawsuit in Wisconsin?
Under Section 843.03, it must describe the property, allege the plaintiff’s interest in it, allege the plaintiff’s right to possession and the reasons for that right, state when the plaintiff became entitled to possession, allege that the defendant unlawfully withholds possession, and demand possession.
Do I need to explain why I have a right to possession, or is it enough to just claim it?
You need to explain it. Section 843.03 requires the complaint to allege the plaintiff’s right to possession stating the reasons for that right, not just a bare claim of entitlement.
Can I ask for money damages in the same complaint that seeks possession?
Yes. Section 843.03 allows damages to be demanded in the same complaint, but requires the complaint to state the amount if damages are sought.
Is a description of the property required, or can I just refer to the address in the caption?
Section 843.03 requires the complaint itself to describe the property, as one of the elements the pleading must allege.
What must the complaint say about the time I am entitled to possession?
Section 843.03 requires the complaint to state the time at which the plaintiff is entitled to possession, in addition to alleging the right to possession and the reasons for it.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 843.03; 1993 a. 486.