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Retaliatory Eviction

By: Derek Hawkins//July 10, 2018//

Retaliatory Eviction

By: Derek Hawkins//July 10, 2018//

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WI Court of Appeals – District IV

Case Name: Brad Bottomley v. Josh Seaverson

Case No.: 2017AP995

Officials: BRENNAN, J.

Focus: Retaliatory Eviction

Josh Seaverson appeals an order of the trial court granting eviction and a monetary judgment in favor of his landlord, Brad Bottomley.  He argues that the March 31, 2017 five-day notice to vacate was legally insufficient because it violated WIS. STAT. § 704.17, the terms of the lease, and certain federal regulations that he argues are applicable. Specifically, he argues that the property owner failed—as he contends was required by law—to provide “written notice of the violations and an opportunity to correct them.” Secondly, he argues that the eviction was retaliatory and thus violated WIS. STAT. § 704.45. Finally he argues that both the trial and appellate courts deprived him of his right to appellate review pursuant to WIS. STAT. § 808.03(1) by not granting a stay of the eviction order pending his appeal. We reject his arguments and affirm the order of eviction.

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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.

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