Abuse of Discretion Eviction.

Byline: Derek Hawkins

WI Court of Appeals District IV

Case Name: Tree Lane Apartments, LLC, v. Kimberly Gaddis, et al.,

Case No.: 2019AP803; 2019AP810

Officials: Blanchard, Kloppenburg, and Graham, JJ.

Focus: Abuse of Discretion Eviction

Tree Lane Apartments, LLC ("the landlord") issued 5-day notices to terminate the tenancies of Kimberly Gaddis and Pamela Windom, both based on alleged nonpayment of rent. The landlord followed the notices with eviction actions. Gaddis contested her eviction in the circuit court, but the landlord prevailed. Windom stipulated with the landlord that she would move out and thereby avoided entry of a judgment of eviction. About 60 days later, after both former tenants had vacated their units, each moved for relief from judgment under WIS. STAT. 806.07(1). Each former tenant argued, for the first time, that she was entitled to relief because the landlord did not have a right to evict her using a 5-day notice, in light of the fact that the lease was "void and unenforceable" under WIS. STAT...