Cal. Civ. Code § 799.43
Defendant’s pleading in eviction actions.
Operative Text
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.
Wisconsin Statute § 799.43 governs how a defendant responds to an eviction (small claims) complaint. A defendant may answer the complaint either orally or in writing, but if the defendant challenges the landlord's ownership or title to the property, the response must be written and signed in the same way the original complaint was. The statute also allows a defendant to bring counterclaims against the plaintiff, and any claim connected to the rented property is treated as arising from the same transaction as the eviction itself, keeping related disputes together in one proceeding.
Plain English — not legal advice.
Under Wis. Stat. § 799.43, a landlord filing an eviction action should be aware that the defendant has the right to respond orally or in writing and may raise counterclaims tied to the rental property within the same proceeding. Compliant operators typically maintain thorough records of the tenancy—including lease agreements, payment histories, and maintenance communications—so they are prepared to address any related claims the tenant may bring. Understanding that property-related counterclaims are treated as part of the same case helps landlords anticipate the full scope of an eviction hearing.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wis. Stat. § 799.43 gives defendants in eviction actions the right to respond to the complaint either orally or in writing, though a written, signed answer is required if the tenant disputes the landlord's title to the property. Importantly, tenants may also raise counterclaims—such as claims related to habitability, security deposits, or other rental-property issues—within the same eviction proceeding, since the statute treats those claims as part of the same transaction. Tenants who believe they have related claims may wish to consult a tenant-rights organization or legal aid office to understand the options available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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