Eviction – Court Error

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WI Court of Appeals – District IV

Case Name: Oak Park MHC, LLC v. Shawntell Vann

Case No.: 2016AP39

Officials: Blanchard, J.

Focus: Eviction – Court Error

Sheryl DePriest, pro se, appeals a judgment of eviction entered by the circuit court. DePriest argues that the circuit court erred in concluding that she did not meet the statutory requirements to be considered a tenant of a mobile home community owned and operated by Oak Park MHC, LLC, and that, on this basis, Oak Park could evict DePriest. More specifically, DePriest argues that her occupancy of, and her making rent payments for, a mobile home site owned by Oak Park, with Oak Park’s knowledge, converted her status from unauthorized occupant of the mobile home site, with no protections under the statute specifically governing mobile home communities, WIS. STAT. § 710.15, to either one of two statuses under ch. 704, the landlord-tenant chapter: a periodic tenant under WIS. STAT. § 704.01(2), or a tenant at will under § 704.01(5).2 Relying on the premise that she was a tenant and not merely an unauthorized occupant, DePriest argues that Oak Park terminated her tenancy in violation of § 710.15(5m).3 I reject DePriest’s arguments under the applicable statute, § 710.15, because she never had a written lease agreement with Oak Park for the mobile home site at issue, and affirm the judgment of the circuit court.

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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.