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WI · jury_instructions

Wis JI-Civil 3095

Landlord - Tenant: Constructive Eviction

activein force · 2025-11-01 – presentas-observed

Constructive eviction consists of any disturbance of the tenant’s possession of property

by the landlord (or someone acting under the landlord’s authority) which renders the

premises unfit for occupancy for the purposes for which they were leased or which deprives

the tenant of the beneficial enjoyment of the premises if:

• the landlord is given notice of the disturbance of possession and fails to remedy

the disturbance within a reasonable time;

• the tenant abandons the premises within a reasonable time of the disturbance of

possession; and

• the disturbance of possession caused the tenant to abandon the premises.

The disturbance must be substantial and of such duration that is can be said that the

tenant has been deprived of the full use and enjoyment of the leased property for a material

period of time.

SPECIAL VERDICT

Was (plaintiff) constructively evicted?

Answer: ____________

Yes or No

History

Wis JI-Civil 3095 (11/2025). Release No. 59. Wisconsin Court System, 11/2025. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.

Provenance

Source
wilawlibrary.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
fae571c0e71da748729e09dc534e14840256a3a4bb15495d3d01757b93de04db
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