Property — landlord-tenant — constructive eviction

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Wisconsin Court of Appeals

Civil

Property — landlord-tenant — constructive eviction

Kyle Thon appeals a small claims judgment entered in favor of his former landlord, Greg Hamilton. Thon argues the circuit court erred by determining Hamilton did not terminate Thon’s tenancy or constructively evict Thon when Hamilton changed the locks on Thon’s rental unit. Thon also argues Hamilton is not immune from liability for changing the locks because Hamilton did not act in accordance with Wis. Stat. § 704.16(4).

We conclude that, by changing the locks, Hamilton constructively evicted Thon and terminated Thon’s tenancy. We also conclude Hamilton did not change the locks in accordance with Wis. Stat. § 704.16(4) and, therefore, the statutory safe harbors do not apply. We reverse and remand to the circuit court to determine damages. This opinion will not be published.

2013AP2063 Thon v. Hamilton

Dist III, Outagamie County, Gill, J., Mangerson, J.

Attorneys: For Appellant: Maurer, Franz, Menasha; For Respondent: Torvinen, Shelley I., Superior