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Landlord-tenant Relationship

WI Court of Appeals – District III

Case Name: Clint Heiman v. Chris Roe

Case No.: 2020AP002066

Officials: Gill, J.

Focus: Landlord-tenant Relationship

Chris and Kelly Roe appeal a circuit court judgment dismissing their counterclaims against their former landlord, Clint Heiman. The Roes argue that the court erred when it determined that Heiman did not unlawfully retain the Roes’ security deposit in violation of WIS. ADMIN. CODE § ATCP 134.06(4)(a) (Oct. 2021).2 The Roes also challenge the court’s ruling that although Heiman violated WIS. ADMIN. CODE § ATCP 134.09(8)(c) by compounding their late fees, the Roes did not suffer a pecuniary loss.

This court disagrees with the circuit court’s conclusion that Heiman complied with WIS. ADMIN. CODE § ATCP 134.06(4)(a). However, the Roes did not suffer any damages under WIS. ADMIN. CODE § ATCP 134.09(8)(c) and therefore affirm in part, reverse in part, and remand for the circuit court to calculate the Roes’ damages for Heiman’s violation of § ATCP 134.06(4)(a).

Decided 10/25/22

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