Landlord Tenant – Damages

Listen to this article

WI Court of Appeals – District IV

Case Name: Chastity Young v. Landstar Investments LLC

Case No.: 2014AP2507

Officials: KLOPPENBURG, J.

Practice Areas: Landlord Tenant – Damages

In this landlord-tenant dispute, tenant Chastity Young brought a small claims action against landlord Landstar Investments, LLC and property manager Duane Branek for failing to return Young’s security deposit and to provide a written accounting of the amount withheld, in violation of WIS. ADMIN. CODE § ATCP 134.06(2) and (4), after Young vacated an apartment owned by Landstar prior to the end of the lease term. After a bench trial, the court held in favor of Young on the security deposit claim and awarded Young double her security deposit plus reasonable attorney fees.  The circuit court found Branek, as Landstar’s agent, jointly and severally liable for the security deposit regulation violation. Branek appeals, arguing that he had no “power to comply or violate the ATCP code” and, therefore, should not be held jointly and severally liable for the violation. Landstar counterclaimed for three months back rent damages accrued after Young vacated the apartment (April 30, 2013) until the end of her lease term (July 31, 2013). The circuit court held in favor of Landstar on its counterclaim and awarded Landstar back rent damages owed by Young after she vacated the apartment. Young cross-appeals, arguing that the lease is void, and therefore, she had a periodic tenancy which terminated after she gave thirty days’ notice and vacated the apartment. For the reasons set forth below, I conclude that Branek is not jointly and severally liable for Landstar’s violation of the security deposit regulations. I further conclude that the lease is not void and, therefore, the circuit court did not err in awarding Landstar back rent damages. Accordingly, I reverse the judgment against Branek and affirm the judgment granting back rent damages to Landstar.

Reversed in Part and Affirmed in Part

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.