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Landlord Tenant – Damages

By: Derek Hawkins//June 17, 2020//

Landlord Tenant – Damages

By: Derek Hawkins//June 17, 2020//

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WI Court of Appeals – District IV

Case Name: Daniel J. Frank, et al., v. Randy Yajcharthao, et al.,

Case No.: 2019AP843

Officials: Blanchard, Kloppenburg, and Graham, JJ.

Focus: Landlord Tenant – Damages  

Daniel Frank and Daphne Frank (collectively, “the landlords”) rented a single-family residence to Randy Yajcharthao and Phutson Yajcharthao (collectively, “the tenants”) under a series of lease agreements that allowed the tenants to reside in the house for approximately 4-1/2 years. After the tenants and their minor children moved out, the landlords sued the tenants for breach of the agreements. The landlords alleged that the tenants were responsible for multiple forms of damage to aspects of the rental property that were not the result of normal wear and tear. After taking evidence at a bench trial and considering post-trial briefing, the circuit court determined that the tenants had breached the agreements by causing “substantial damages” of a “ubiquitous nature.” The court ruled that a “fair and reasonable approximation” of damages is $22,402.37, and that, after taking into account set offs in favor of the tenants, the landlords are entitled to a judgment for $17,540.53. The tenants appeal. They primarily argue that the circuit court clearly erred in finding that various components of the $22,402.37 damages amount awarded were damages for which the tenants were responsible. We conclude that the tenants fail to show that the court clearly erred in making the findings that underlie the damages award, and that the award is within reasonable limits when we view the evidence in the light most favorable to the landlords. Accordingly, we affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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