Property — landlord-tenant — security deposits

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Wisconsin Court of Appeals

Civil

Property — landlord-tenant — security deposits

Stephanie Robinson, pro se, appeals a small claims judgment entered against her on December 20, 2010. Although in her notice of appeal she does not reference the circuit court’s January 19, 2011 order denying her motion for reconsideration, we construe the notice of appeal to encompass the January 19 order. See East Winds Props., LLC v. Jahnke, 2009 WI App 125, ¶1, 320 Wis. 2d 797, 772 N.W.2d 738 (because the notice of appeal post-dated the order following the judgment, jurisdiction extended to the order even though the notice only mentioned the judgment).

On appeal, Robinson contends she was permitted to withhold Langford’s deposit after Langford failed to enter into a rental agreement with her. We conclude that, pursuant to Wis. Admin. Code § ATCP 134.05(3),[2] Robinson may be entitled to withhold some or all of Langford’s deposit. We reverse and remand to the circuit court for factual determinations regarding the terms of the proposed rental agreement, the actual costs and damages Robinson incurred as a result of Langford’s failure to enter into the agreement, if any, and whether Robinson appropriately mitigated those losses. This opinion will not be published.

2011AP278 Langford v. Robinson

Dist III, Polk County, Erickson, J., Peterson, J.

Attorneys: For Appellant: Robinson, Stephanie, pro se; For Respondent: Davis, Nicholas Von, Amery