Landlord Tenant – Security Deposit

By: Derek Hawkins//August 24, 2015//

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Civil

WI Court of Appeals – District IV

Officials: LUNDSTEN, J.

Landlord Tenant – Security Deposit

2014AP2789 Donald J. Knott v. Wisconsin Housing and Economic Development Authority

Donald Knott, a residential tenant, appeals the circuit court’s judgment dismissing his claim against the Wisconsin Housing and Economic Development Authority (WHEDA) for Knott’s security deposit. WHEDA purchased the underlying property at a foreclosure sale. Knott now concedes that a state statute extinguished his right to recover his security deposit. Knott argues, however, that a federal law, the Protecting Tenants at Foreclosure Act, preempts the state statute and allows him to hold WHEDA liable for his security deposit. I reject Knott’s argument and, therefore, affirm.

Decision

Affirmed.

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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