Landlord-tenant

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WI Court of Appeals – District III

Case Name: Brandon Henchey v. Wausau Landmark Corp.

Case No.: 2021AP001684

Officials: Stark, P.J.

Focus: Landlord-tenant

In this landlord-tenant dispute, Wausau Landmark Corp. (“Landmark”) was ordered to pay $1,250 to its former tenant, Tommy Blakley, which included $250 in attorney fees. Blakley and his co-plaintiff, Brandon Henchey, (collectively, “Blakley”) now appeal, raising four arguments. First, Blakley argues that Landmark violated WIS. ADMIN. CODE § ATCP 134.09(9)(a) (Oct. 2021)2 and WIS. STAT. § 100.18(1) by failing to inform Blakley that he would be charged an additional fee, beyond his monthly rent, to park his car in the parking lot adjacent to his apartment building. Second, Blakley argues that his rental agreement was void and unenforceable under WIS. STAT. § 704.44(9) and WIS. ADMIN. CODE § ATCP 134.08(9). Third, Blakley argues that the appropriate remedy for a void rental agreement is the return of all rent paid under the agreement. Fourth, Blakley argues that the circuit court erroneously exercised its discretion by awarding him only $250 in attorney fees and by failing to award him costs.

The appeals court reverses the circuit court’s judgment in part, with respect to Blakley’s claim that the rental agreement was void and unenforceable and the court’s award of attorney fees and costs. It remands for the court to: (1) determine the amount of damages that Blakley is entitled to recover as a result of the void rental agreement; and (2) reconsider the amount of attorney fees and costs that Blakley is entitled to recover, including an award of attorney fees and costs on Blakley’s claim that the rental agreement was void and unenforceable.

Affirmed, Reversed and Remanded.

Decided 05/02/23

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