Eviction Landlord-tenant Relationship.

• Author: Hawkins, Derek
• Position: Eric D. Olmanson, et al., v. Brenda Weits

Byline: Derek Hawkins

WI Court of Appeals District IV

Case Name: Eric D. Olmanson, et al., v. Brenda Weits

Case No.: 2021AP438

Officials: BLANCHARD, P.J.

Focus: Eviction Landlord-tenant Relationship

In this small claims action, Andrea and Eric Olmanson appeal the circuit court's dismissal of their only claims against Brenda Weits, one for eviction and one for trespass. Regarding the eviction claim, the court granted Weits's motion to dismiss on the grounds that property-owner Olmanson and property-occupant Weits never had a landlord-tenant relationship and that such a relationship is a necessary precondition to an eviction action pursued under WIS. STAT. 799.40. Following the agreed premise by both parties that Weits was never a tenant of Olmanson, and applying controlling case law, I conclude that the court correctly determined that...