In three recent Wisconsin Court of Appeals landlord tenant cases, landlords and property managers have used leases or rental agreements that violate one or more of the “10 Deadly Sins” and thus are void and unenforceable. The “10 Deadly Sins” are listed in Wis. Stat. § 704.44 and Wis. Admin. Code § ATCP 134.08:
The tenants have claimed a refund of all rent paid as damages and want this amount to be doubled per Wis. Stat. § 100.20(5) and to receive attorney’s fees and costs. Some have been successful.
- Koble Investments v Marquardt, 2024 WI App 26, April 23, 2024 (https://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=792236
- Henchey vs. Wausau Landmark Corp., Appeal No. 21AP1684, May 2, 2023 (https://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=650754)
- Hoffman v. Gribble, Appeal No. 2021AP1355, District IV, Feb. 16, 2023 (https://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=623133)
Landlords should ensure they are using the most current version of their residential rental agreement and any rules and regulations, nonstandard rental provisions and other forms used with the rental agreement. The 2023 WRA Residential Lease, the WRA Rental Contract and the WRA Rental Notice include a “Notice of Domestic Abuse Protections” as required by Wis. Stat. § 704.14, and a Protection of Victim of Crime statement that says: “No provision in this Rental Agreement authorizes landlord to terminate the tenancy of a tenant based solely on the commission of a crime in or on the rental property if the tenant, or someone who lawfully resides with the tenant, is the victim, as defined by s. 950.02(4), of that crime.” These features prevent violations of the 9th and 10th Deadly Sins.
These forms were modified in 2024 to remove the Abandonment provisions, and add a Retaliation Prohibited provision and other language to try to avoid the outcome in these cases.
The updated 2024 versions of the WRA Residential Lease, the WRA Rental Contract and the WRA Rental Notice are available in Transactions (zipForm edition) and the WRA PDF library. Watch for further discussion in upcoming WRA publications.