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June 5, 2026
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This Client Alert Follows our alerts overviewing the Koble Case.
For approximately two years, Wisconsin residential landlords faced severe consequences if any of their residential leases violated the “Ten Commandments of Wisconsin Residential Leases” found in Wis. Stat. § 704.44 as a result of a Wisconsin Court of Appeals ruling known as Koble Investments v. Marquardt, 2024 WI App. 26. However, today the Wisconsin Supreme Court reversed this Court of Appeals decision, bringing relief to many in the local real estate industry.
In its newly issued opinion,[1] the Wisconsin Supreme Court (the “Court”) addressed a pivotal question for residential landlords and tenants: whether residential leases fall under the Wisconsin Consumer Act, Wis. Stat. § 421.101 et seq. (“WCA”), particularly in situations involving rent collection and eviction practices. In 2024, the Wisconsin Court of Appeals decided this issue in the affirmative, which enabled many tenants to seek a voiding of their residential leases void, and subjecting landlords to paying tenants significant amounts.
However, the Court ultimately reversed the decision of the Court of Appeals, clarifying that the WCA does not apply to typical residential leases where rent is paid monthly. In its reasoning the Court stated that residential leases do not involve an “agreement to defer payment.”[2] Put another way, residential tenants do not owe the full amount of rent for the entire lease term upfront. Instead, rent becomes due month by month — “one month of rent for one more month of occupancy.”[3] Since there is no delayed repayment of an existing debt, the WCA’s rules on debt collection practices do not apply to standard residential rental arrangements.[4]
The Court also addressed the additional argument (offered by the tenant in Koble) that residential leases are void because they do not include the required notice regarding domestic abuse protections. While the Court acknowledged that there may have been a technical violation, it emphasized that a tenant must show actual financial harm (i.e., a pecuniary loss) caused by the violation to recover damages. In the present case, the tenant could not demonstrate any such loss—rent was paid in exchange for living in the property, which the Court viewed as the benefit of her bargain. Consequently, the Court found no basis for awarding damages, double damages, or attorney fees.[5]
In practical terms, the Court’s ruling in Koble provides important clarity for residential landlords and property managers in Wisconsin after years of disarray. Koble now confirms that landlord-tenant relationships are primarily governed by chapter 704 of the Wisconsin Statutes opposed to more punitive statutes like the WCA. Furthermore, technical lease defects (while they still render a lease void) do not automatically result in liability. Rather, a residential tenant must demonstrate financial loss related to the issue at hand in a dispute.
Although the limitations to exposure provided by the Court in Koble come as relief to the real estate industry, the Ten Commandments of Wisconsin Residential Leases are still provisions that render such leases void. Here at Michael Best, we routinely counsel residential landlords and property managers with review for compliance with Wisconsin landlord-tenant law. Please contact us to assist in this process to make sure that even after Koble, your leases do not include these prohibited provisions, among others that may violate Wisconsin or Federal housing requirements.
[1] See Koble Investments v. Marquardt, 2026 WI 19 (“Koble”).
[2] Koble, 2026 WI 19, ¶ 4.
[3] Id. at ¶ 12 (citing Laramore v. Ritchie Realty Mgmt. Co., 379 F.3d 544, 547 (7th Cir. 2005).
[4] See id. at ¶ 10.
[5] See id. at ¶¶ 23-30.
