01-3075 Dawson v. Goldammer

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“Wis. Admin. Code sec. ATCP 134.08(3) is clearly designed to protect the tenant from a provision landlords often insert solely for the purpose of discouraging tenants from enforcing their legal rights. … To refuse to allow a tenant in this situation to enforce the lease would stand the rationale of the Baierl decision on its head by punishing the class the regulation is intended to benefit and permitting the landlord to unfairly reap the benefit of the clause’s inclusion. We therefore hold that a tenant may seek enforcement of a rental agreement that includes an attorney’s fees provision in violation of sec.

ATCP 134.08(3), and the trial court erred when it concluded that the Goldammers could not seek to enforce the lease.”

The order nullifying the lease is reversed and the cause is remanded.

Recommended for publication in the official reports.

Dist II, Washington County, Gonring, J., Brown, J.

Attorneys:

For Appellant: David R. Sparer, Madison; Jason H. Klimowicz, Madison

For Respondent: Robert G. Pyzyk, Menomonee Falls; Matthew R. Jelenchick, Menomonee Falls