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Property — landlord-tenant

Wisconsin Court of Appeals


Property — landlord-tenant – eviction — damages

Kathryn McMasters appeals from the order of the circuit court dismissing her counterclaim in the eviction action that Michael and Susan Markworth filed against her. In the eviction proceedings, the Markworths claimed that McMasters owed them over $10,000 in damages for past due rent and the costs of restoring the home to habitable condition after her eviction. McMasters, in turn, claimed that the Markworths owed her over $35,000 in damages for her personal property that the Markworths either threw out or withheld, allegedly in violation of Wis. Stat. §§ 799.45 and 704.05(5)(bf). McMasters also continues to press her arguments that she did not receive proper notice of her eviction and that she had an enforceable contract to purchase the home.

We find no basis to reverse the circuit court’s determinations that McMasters’ eviction was proper, that she had no enforceable contract to purchase the home, and that the parties’ respective damages claims cancelled each other out. We affirm. This opinion will not be published.

2012AP1387 Markworth v. McMasters


Dist II, Sheboygan County, Bolgert, J., Brown, C.J.

Attorneys: For Appellant: McMasters, Kathryn L., pro se; For Respondent: Markworth, Michael, pro se; Markworth, Susan, pro se

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