Housing Laws

If you are a victim of sexual assault, sexual assault of a child, repeated acts of sexual assault of a child, or stalking, you may have a defense to an eviction case if you can prove that the landlord knew or should have known that the eviction is based on one of the following:

1. actions committed by someone who was not an invited guest of yours; or
2. actions committed by someone who was an invited guest of yours but the actions occurred while the guest was committing domestic abuse, sexual assault, or stalking against you. Note: In order to use this defense, one of the following must be true:

• you filed for a domestic abuse injunction, child abuse restraining order, harassment restraining order, or individual at risk restraining order that keeps the abusive “invited guest” away from your home; or
• upon receiving a notice of termination from your landlord, you did both of the following:
  
  • you sent your landlord a written statement saying that the abusive person will no longer be an “invited guest;” and
  • you have not invited the abusive person to your home since you sent the above-mentioned written statement.¹

¹ Wis. Stat. § 106.50(5m)(dm)