Over the past few years, we’ve seen an increase in hospitals and health care systems using credit tenant lease (“CTL”) financing for new outpatient projects. Below is an overview of CTL financing.
Wisconsin Supreme Court Restores the Imbalance of Power in Koble Housing Case
In 2001, the Wisconsin Supreme Court noted that courts have long acknowledged the inequality of bargaining power between landlords and tenants. In the case Baierl v. McTaggart, the Supreme Court held that a residential rental agreement was void if it contained provisions prohibited by the Wisconsin Department of Agriculture, Trade and Consumer Protection’s administrative code rules (ATCP).
Then in 2007, the Wisconsin Legislature codified this ruling at Wis. Stat. § 704.44. This history – and precedent – were seemingly
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Wisconsin Supreme Court Hands Landlords a Win in Koble Investments v. Marquardt
“The law does not allow a tenant to occupy premises rent-free simply because the lease is void and unenforceable.”
(Justice Rebecca Bradley, writing for the majority in Koble Investments v. Marquardt, 2026 WI 19, ¶ 28.)
On Friday, June 5, 2026, the Wisconsin Supreme Court (hereinafter “Court”) issued its opinion in the case of Koble Investments v. Elicia Marquardt, et al.[i]. The case had been pending before the Court since May 2024, after the District III Court
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Wisconsin Supreme Court Confirms the Consumer Act Does Not Govern Residential Leases
On June 5, 2026, the Wisconsin Supreme Court issued its decision in Koble Investments v. Marquardt, 2026 WI 19, reversing a court of appeals ruling that had unsettled residential landlord-tenant law across the state. The Court of Appeals originally held that a residential lease is a “consumer transaction” subject to the Wisconsin Consumer Act (“WCA”) debt-collection prohibitions and that the lease was void and unenforceable under Wis. Stat. § 704.44(10) and Wis. Admin Code § ATCP 134.08(10), exposing landlords
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Wisconsin Supreme Court Restores Balance in Landmark Koble Housing Case
For a brief period in Wisconsin, owning rental housing carried significant legal risk. After the Court of Appeals decision in Koble Investments v. Marquardt, litigation spread across the state. In more than 60 cases, tenants invoked Koble, and class actions followed. What began as a single appellate decision quickly became a statewide liability issue for landlords.
The Wisconsin Supreme Court’s reversal did more than correct an error. It halted a cascade that was already affecting the housing market.
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Infestation Injustice
A tenant starts to notice little red marks on her body. Unsure where they came from, she assumes it was a mosquito bite or something innocuous. But she also overheard in the lobby that someone else in the building might have bed bugs. A few days pass, but now there are even more red marks. And the kids have the bite marks too. This family’s worst fears have come true.
The mom Googles “how to get rid of bed
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Variations in the Legal Rights of Residential Landlords and Tenants
Wis. Stat. chapter 704 and Wis. Admin. Code chapter ATCP 134 govern landlord tenant law in Wisconsin. However, municipalities throughout Wisconsin have enacted their own ordinances that create variations in the Wisconsin statutes and administrative code.
It is important to understand local ordinances when practicing landlord tenant law in Wisconsin. These variances may provide additional protections to tenants or require specific procedures for landlords or tenants in relation to disputes regarding the rented premises.
An Example: Repairs
Repairs at
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How Are Landlords Affected Now That The Consumer Financial Protection Bureau Has Been Told to “stand down from performing any work task” by the President?
This blog post is authored by Atty. Gary D. Koch of Pettit Law Group S.C.The Consumer Financial Protection Bureau (CFPB) was created in 2011 primarily in response to the 2008 financial crisis and recession. It has been tasked with protecting consumers from unfair financial practices from banks, lenders, other financial companies, and, yes, even landlords. The CFPB was one of the agencies charged with enforcing the CARES Act, and has been active in regulating tenant screening processes.Earlier this February,
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Update On Notices Available To Wisconsin Landlords In Residential Tenancies
By statute, there are several types of notices that a landlord can serve on a tenant if the tenant commits a breach of their Residential Rental Agreement or when the landlord wishes to terminate the tenancy. If your Residential Rental Agreement with the tenant specifies something different, you would want to use the longer notice period.
Most of these notices can be used in periodic tenancies (such as a month-to-month tenancy) as well as a lease for the term
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Koble Investments, the Wisconsin Consumer Act, and Residential Leases
A recent Wisconsin Court of Appeals case complicates residential leases by applying the Wisconsin Consumer Act (WCA) to residential leases and uniquely calculating pecuniary loss under Wis. Stat. section 100.20(5) for a violation of Wis. Admin. Code § ATCP 134.08(10).
The case is Koble Investments v. Marquardt.1 A petition to review the decision is currently pending before the Wisconsin Supreme Court.
Landlords and tenants alike should be aware of its holding, as it has the potential to significantly
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With the COVID-19 Pandemic Over, Is the CARES Act Still In Effect?
While some effects of the COVID-19 Pandemic may continue to linger, the Public Health Emergency officially ended in May 2023. Does that mean the CARES Act (Coronavirus Aid, Relief and Economic Security Act) is no longer relevant?
Unfortunately, the CARES Act is still relevant for landlords, specifically the 30-day notice period required for “Covered Dwelling Units.”
For a brief recap on the history and some potential issues for not complying with the Act, please see this prior blog post
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Do you want to know everything about Residential Landlord-Tenant Law in Wisconsin? Then Attend My Landlord Boot Camp on November 16, 2024
Do you want to learn everything there is to know about residential landlord-tenant law in Wisconsin? If so, then you must attend my next Landlord Boot Camp, which will be held on Saturday, November 16th, from 8:30 am – 6 pm at the Sonesta Hotel in WauwatosaI will cover everything a landlord needs to know about residential landlord-tenant law in Wisconsin. We will be covering the all-important topics like:
- Screening and Qualifying the Prospective Applicant and Fair Housing
Can Landlords Charge A Nonrefundable Pet Fee? Or What About Charging a Higher Pet Rent for the First Month?
I recently received a question from a client asking whether she could legally charge a nonrefundable pet fee of $150 or a more significant pet rent of $150 for the first month (with all subsequent pet rent being $50). It was an interesting question. Below is the thought process I used to analyze and provide my client with an answer.
We already know that a landlord cannot charge a nonrefundable pet deposit. My previous blog post explains why.
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Don’t Miss the RPA’s Annual Tradeshow + Speaker Event – RPA-CON 2024 – On Friday, October 25th + Saturday, October 26th
The Rental Property Association of Wisconsin’s Annual Trade Show and Speaker Event, nicknamed RPA-CON 2024, will be held this Friday and Saturday, October 25th and 26th at The Ingleside. You will not want to miss this event. Over 60+ vendors and suppliers to the Rental Industry will be present, and a slew of speakers will present on all aspects of real estate.I will provide a Landlord-Tenant Law update on Friday, October 25th, at 10 a.m. and Saturday, October 26th,
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Avoid ‘Fraudulent Transfers’ When Conveying Rental Property to LLCs
This is a guest blog post written by Atty. Dave Espin of Pettit Law Group S.C.
In light of the recent Koble Investments v. Marquette decision, it is now more critical than ever for landlords who hold rental properties in their personal names to consider transferring them to limited liability companies. If a tenant files a lawsuit (or a counterclaim in an eviction action) against you, landlords who hold properties in their personal names could face large money judgments
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Wisconsin Supreme Court Adopts Landlords' position on Eviction Record Retention
NOTE: The below blog post which was posted on June 18, 2024, is reproduced from the Rental Property Association of Wisconsin’s blog and was written by Atty. Heiner Giese, attorney for the RPA.
Since the Journal Sentinel and the other local news agencies won’t report on this, I thought it was important for people to know.
T
The Wisconsin Supreme Court today [06.18.24] issued it’s long-awaited ruling (Rule Petition 22-03) on how long eviction case records should remain available to
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