No Quick Fixes: Governor Evers Vetoes Bill Proposed by Wisconsin State Legislature to Eliminate Impacts of the Koble Case on Residential Leasing

Residential landlords in Wisconsin continue to face grave and severe consequences after Governor Tony Evers recently vetoed a bill that would effectively reverse District III of the Wisconsin Court of Appeals’ ruling in Koble Investments v. Marquardt, 2024 WI App. 26 (“Koble”). As a result, tenants may maintain significant leverage over landlords if their lease fails to meet statutory requirements, which could render those lease agreements void, and landlords may be obligated to pay tenants significant amounts.

In Koble, the Court of Appeals determined that if a residential lease violates any of the “Ten Commandments of Wisconsin Residential Leases” proscribed under Wis. Stat. § 704.44, leases would not only be void (as provided under the statute), but a lease violating any of the Ten Commandments could also result in landlord repaying the tenant twice the amount of rent paid under the lease, plus other damages. The Koble Court ruled that residential leases are consumer contracts and further bound to the requirements of the Wisconsin Consumer Act, Wis. Stat. § 421.101 et seq.  

Given the great liability residential landlords may face under Koble, the legislature proposed Assembly Bill 202 (the “Koble Fix”). In effect, the Koble Fix aimed to address three main issues:

• Elimination of automatic lease voiding for technical omissions.  The Koble Fix sought to clarify certain language regarding when a residential lease is void. Of note, Wis. Stat. § 704.44(10), which requires the statutory “Notice of Domestic Abuse Protection” provision be included in a residential lease, would no longer make said lease unenforceable solely because of its omission. Rather, the omission would only void a residential lease if such omission actually prejudiced a tenant or is knowingly used against them. 

• Limitation of tenant remedies.  The Koble Fix also aimed to prevent tenants from recovering double rent and fees based on technical violations. Furthermore, the law restricted remedies to actual damages, except for circumstances where the landlord knowingly or intentionally violated the Ten Commandments of Wis. Stat. § 704.44.

• Allow landlord cure. One of the more notable aspects of the Koble Fix included a means for a landlord to cure any Ten Commandments violation(s) by providing statutory notice to the tenant. Such correction via notice would prevent invalidation of the lease and enable the landlord to avoid any statutory penalties.

On March 27, 2026, Governor vetoed in the Koble Fix its entirety.[1] Governor Evers stated the proposed legislative fixes did not “adequately balance landlord and tenant” interests. Moreover, Govern Evers highlighted that the Koble Case is subject to appeal before the Wisconsin Supreme Court and deferred to the judiciary for its decision in lieu of formalizing any legislative fix.

Due to Governor Evers’ veto of the Koble Fix, it remains critical for Wisconsin residential landlords to review and confirm their leases align with Wisconsin law in an effort to proactively reduce risk that a court may deem it void and assess penalties against the landlord. At Michael Best, we routinely assist residential landlords with review for compliance with Wisconsin law to avoid lawsuits and results like the landlord experienced in Koble. Please contact us to assist in this important process as Koble continues its way through the Wisconsin court system.

[1] See generally Governor’s Veto Message, Office of the Governor, Mar. 27, 2026, https://docs.legis.wisconsin.gov/2025/related/veto_messages/ab202.pdf.