Tenant Eviction-Wisconsin Consumer Act-Attorney Fees

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WI Court of Appeals – District III

Case Name: Koble Investments v. Elicia Marquardt

Case No.: 2022AP000182

Officials: GILL, J.

Focus: Tenant Eviction-Wisconsin Consumer Act-Attorney Fees

This case began as an eviction action by Koble Investments against its tenant, Elicia Marquardt. This appeal, however, pertains to Marquardt’s counterclaims against Koble and, more specifically, to efforts by Marquardt’s former attorney, James Miller, to recover attorney fees and costs. In particular, Attorney Miller contends that the circuit court erred by rejecting Marquardt’s counterclaim alleging a violation of WIS. STAT. § 427.104(1)(j) (2021-22),1 a provision of the Wisconsin Consumer Act (WCA), and her counterclaim alleging that her lease was void and unenforceable under WIS. STAT. § 704.44(10) and WIS. ADMIN. CODE § ATCP 134.08(10) (Oct. 2021).2 Attorney Miller therefore argues that he is entitled to recover attorney fees and costs under WIS. STAT. § 425.308(1) for Koble’s violation of the WCA and under WIS. STAT. § 100.20(5) for Koble’s violation of § ATCP 134.08. Attorney Miller also asserts that Marquardt is entitled to damages on her void lease claim.

The appeals court concludes that the circuit court erred by determining that the WCA did not apply to Marquardt’s residential lease, and that the undisputed facts show that Koble violated WIS. STAT. § 427.104(1)(j). Additionally, the court agrees with Attorney Miller that Marquardt’s lease was void and unenforceable under WIS. STAT. § 704.44(10) and WIS. ADMIN. CODE § ATCP 134.08(10) because the lease allowed Koble to evict a tenant for a crime committed on the rental premises but failed to include the mandatory domestic abuse notice. The court therefore reverses the circuit court’s decision and remands for a determination of Attorney Miller’s reasonable attorney fees and costs, and for a determination of the damages that Marquardt is entitled to recover on her void lease claim.

Reversed and remanded.

Decided 04/23/24

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