01-1738 Peterson v. Tucker

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Ray Peterson appeals a small claims judgment entered against him in favor of Teresa Tucker. He raises several claims of error. First, he claims the trial court erred in determining that he was not entitled to damages for Tucker’s breach of an apartment lease. Peterson also argues that the trial court erred in awarding Tucker damages for rent abatement, lodging expenses, her security deposit and attorney’s fees. Finally, Peterson claims the circuit court judgment should be reversed in the interests of justice because City of Madison ordinances cannot “override” state law.

We conclude that the trial court erred in determining that Peterson breached his lease with Tucker. Peterson properly terminated Tucker’s tenancy by obtaining a judgment for her eviction, and we modify the damages awarded to account for this fact. The trial court did not err, however, in finding that Peterson unlawfully resorted to a self-help remedy to remove Tucker from the premises, and we affirm the damages awarded to Tucker based on that finding and on previous administrative rent abatement orders.

Accordingly, we modify the amount of damages awarded in the judgment, and as modified, affirm it.

This opinion will not be published.

Dist IV, Dane County, Fiedler, J., Deininger, J.

Attorneys:

For Appellant: Ray A. Peterson, Monona

For Respondent: David L. Mandell, Madison