Property — landlord-tenant — security deposits — damages

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Wisconsin Court of Appeals

Civil

Property — landlord-tenant — security deposits — damages

Landlord William Waldbillig appeals a judgment against him in favor of tenants Katharine Keyes and Jeremy Gruner in the amount of $2,070.75, for a wrongful withholding from a security deposit in violation of Wis. Admin. Code ATCP § 134.06, plus additional damages for attorney’s fees and costs. Keyes and Gruner cross-appeal, arguing that the circuit court failed to award double damages and requesting appellate attorney’s fees pursuant to Wis. Stat. § 100.20(5). I conclude that Waldbillig wrongfully withheld $600.00 from the tenants’ security deposit, because costs incurred while attempting to re-rent an apartment are not an allowable claim for a landlord to deduct from a security deposit. Therefore, I affirm the circuit court’s judgment in that respect. However, I reverse on the tenants’ cross-appeal, because tenants are entitled to double damages and attorney’s fees when a court determines that a landlord violated Wis. Admin. Code ATCP § 134.06. Accordingly, I remand to the circuit court to award double damages and determine an appropriate award of reasonable appellate attorney’s fees. This opinion will not be published.

2012AP1180 Keyes, et al. v. Waldbillig

Dist IV, Dane County, Albert, J., Kloppenburg, J.

Attorneys: For Appellant: Waldbillig, William, pro se; For Respondent: Miller, Ethan T., Madison