(1) WITHHOLDING RENTS AND PROFITS. Damages for the withholding of rents and profits are limited to those accruing in the 6 years before the commencement of the action. In estimating such damages the value of the use of any improvements made by the defendant or those under whom the defendant claims shall not be allowed.
843.13.Damages.
Ch. 843: Actions for Possession of Real Property; Damages for Withholding · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 843.13 caps rents-and-profits damages at the six years before the lawsuit was filed, sets how improvement value and taxes are calculated and secured by a lien when a defendant counterclaims under Section 843.09, and sets how land value and detention damages are calculated when a defendant counterclaims under Section 843.10.
Full Text of Section 843.13
(2) DEFENDANT BUILT OR ENCROACHED ON PLAINTIFF’S PROPERTY. If the defendant counterclaims under s. 843.09, the value of improvements shall be determined as of the time of trial; the defendant may recover the proportionate amount paid for taxes; for the payment of such amounts the defendant shall have a lien on the property.
(3) DEFENDANT’S BUILDING CANNOT BE REMOVED WITHOUT LOSS. If the defendant counterclaims under s. 843.10, the value of plaintiff’s land to be sold to the defendant shall be determined at the time when its value was highest between the time of defendant’s encroachment or taking of possession and the time of trial; value may be determined either in regard to the separate parcel, or in connection with other lands owned by the plaintiff; the plaintiff shall also recover damages for detention including any lost rent; value to the plaintiff shall not include improvements made by the defendant or those under whom the defendant claims.
Plain-English Summary
Section 843.13 works alongside the counterclaim provisions in Sections 843.09 and 843.10 to fix how damages get calculated in three distinct scenarios. Subsection (1) caps ordinary damages for withholding rents and profits at the six years before the action was commenced, and excludes the value of any improvements the defendant made when estimating those damages — the plaintiff cannot recover rent enhanced by the defendant’s own improvements.
Subsection (2) applies when the defendant counterclaims under Section 843.09 for improvements made in good faith or an encroaching building. It fixes the value of those improvements as of the time of trial rather than when they were made, lets the defendant recover the proportionate share of taxes paid, and gives the defendant a lien on the property to secure payment of those amounts.
Subsection (3) applies when the defendant counterclaims under Section 843.10 for a forced sale of encroached-on land. It values the plaintiff’s land at whichever point between the defendant’s encroachment or taking possession and the time of trial the value was highest, allows that value to be determined either as a standalone parcel or together with the plaintiff’s other land, and adds the plaintiff’s damages for detention, including lost rent. That value excludes anything added by the defendant’s own improvements, so the defendant is not made to pay for value created by their own work.
Frequently Asked Questions
How far back can I recover damages for a defendant withholding rents and profits?
Section 843.13(1) limits those damages to the six years before the action was commenced.
When I sue for withheld rents and profits, does the value of the defendant’s improvements count toward what I can recover?
No. Section 843.13(1) excludes the value of the use of any improvements the defendant made when estimating rents-and-profits damages.
If a defendant counterclaims for the value of their improvements, when is that value measured?
Section 843.13(2) fixes the value of the improvements as of the time of trial when the defendant counterclaims under Section 843.09.
Does a defendant who counterclaims for improvements get any security for payment?
Yes. Section 843.13(2) gives the defendant a lien on the property for the amounts owed for improvements and the proportionate taxes paid.
How is the land valued when a defendant counterclaims for a forced sale under Section 843.10?
Section 843.13(3) values the land at whichever time between the defendant’s encroachment or taking of possession and the time of trial the value was highest, and adds the plaintiff’s damages for detention, including lost rent, while excluding value added by the defendant’s own improvements.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767, 783 (1975); Stats. 1975 s. 843.13; 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 possession action damages calculationsix year limit rents and profits wisconsinlien for improvements possession lawsuit wisconsin843.13 damages