Recent Wisconsin Court of Appeals Case May Invalidate Many Wisconsin Residential Leases
As the adage goes, “the devil is in the details” and Wisconsin landlords may now face a day of reckoning following the recent ruling from the District III Wisconsin Court of Appeals in Koble Investments v. Marquardt, 2024 WI App. 26 (“Koble”) if their leases violate the “Ten Commandments of Wisconsin Residential Leases” proscribed by the Wisconsin Legislature under Wis. Stat. § 704.44. Koble illustrates the detrimental impact a few sentences (or lack thereof) in a residential lease may have on a landlord. In Koble, the landlord’s simple misstep of omitting the “Notice of Domestic Abuse Protections” required by Wis. Stat. § 704.14 invalidated its lease with a tenant and enabled the tenant to recover from the landlord twice the amount of rent the tenant paid under the lease, plus other damages, all on the heels of the landlord’s attempt to evict the tenant.