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.
Landlord & Tenant
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 Issues Koble Investments vs. Elicia Marquardt Decision

This blog post was drafted by Atty. Tristan Pettit and Atty. Gary Koch, and edited by Atty. Jennifer Hayden, all of Pettit Law Group S.C.At long last (oral arguments were held back in September of 2025!), the Wisconsin Supreme Court has issued its decision in the Koble Investments vs. Elicia Marquardt case. The wait has been worth it! The Landlord prevailed on all issues, and the Wisconsin Supreme Court reversed the prior decision by the Court of Appeals.Just…
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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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HUD Just Stopped Recognizing Emotional Support Animals! Landlords Should Not Celebrate Yet.

On Friday, May 22, 2026, HUD’s Office of Fair Housing and Equal Opportunity (FHEO) issued an enforcement guidance memo announcing that HUD will no longer recognize emotional support animals (ESA’s) as “assistance animals” under the federal Fair Housing Act. Instead, moving forward, HUD will follow the ADA’s standard, that the animal must be individually trained to perform a task related to the person’s disability. Comfort, companionship, and emotional support alone are not enough. HUD diverged from the ADA, which…
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Back to Basics – A Guide to Evicting a Tenant

This blog post was written by Atty. Madeline Worgull, edited by Atty. Tristan R. PettitWhen a tenant stops paying rent, a landlord cannot simply demand the keys back or change the locks. This blog post provides a step-by-step guide to the eviction process for new landlords, focusing specifically on notice requirements and removal procedures under Wis. Stat. Ch. 704 for non-payment of rent. Our team has previously published blog posts addressing individual aspects of the eviction process; this blog…
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Landlords Should Expect Increased Government Scrutiny of Rental Housing Fees

Over the last several years, I have seen a substantial increase in government scrutiny, both federal and state, regarding the fees being charged by landlords and property management companies. In my opinion, this trend will only continue to grow in intensity and scope.Historically, many landlords viewed fees as a relatively minor issue. Application fees, administrative fees, amenity fees, re-rental fees, utility billing fees, convenience fees, technology fees, move-in fees, lease renewal fees, and similar charges became increasingly common throughout…
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The Importance of Your Landlord Community

This blog post was drafted by Atty. Gary Koch of Pettit Law Group S.C.Have you been considering joining your next local Landlord Association meeting? There is no better time than now to see what they are about. Attorney Pettit, Attorney Hayden, and Attorney Koch are all active in local Landlord Associations, so, if for no other reason, you could come say “hi”!Even if the only thing you’re doing is following this Blog, you’ve no doubt seen that a lot…
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Manufactured and Mobile Home Communities Are Different — And the Statutes Make That Clear

This blog post was drafted by Atty. Madeline Worgull of Pettit Law Group S.C.One of the most common mistakes we see at Pettit Law Group is assuming that all landlord–tenant relationships in Wisconsin are governed by the same rules. They are not.If you own or operate a manufactured or mobile home community, your obligations go well beyond Wis. Stat. ch. 704 and ATCP 134. You are also subject to Wis. Stat. § 710.15, which significantly restricts lease…
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What Does HUD’s Decision To Revoke its 30-Day Notice Requirement Mean?

UPDATE: March 12, 2026 – From the National Leased Housing Association, March 12, 2026 – HUD will publish an interim final rule tomorrow in the Federal Register, indefinitely delaying the effective date of the interim final rule, revoking the 30-day Notification Requirement Prior to Termination of Lease for Nonpayment of Rent rule. The interim final rule, published on February 26, 2026, was slated to become effective March 30, 2026. HUD will now treat the interim final rule as a proposed rule, which will only be effective after…
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Choosing A Registered Agent For Your Company

This blog post was written by Atty. David J. Espin of Pettit Law Group S.C. One of the most frequently asked questions I get when I’m assisting clients with forming limited liability companies is: What are a registered agent and a registered office, and why do they matter? Wis. Stat. § 183.0115 states that every Wisconsin limited liability company “shall designate and maintain a registered office in this state,” and that the “designation of a registered agent is…
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PLEASE ATTEND Capitol Day on Tuesday, February 24, 2026, in Madison
Good Morning EveryoneI am personally inviting you to attend an EXTREMELY important event — Capitol Day on Tuesday, February 24, 2026, in Madison. We need hundreds of people in attendance to demonstrate to legislators that we care.The Koble issue remains unresolved as I write this. Koble is the single most important issue facing landlords in Wisconsin. If you are not aware of Koble, please read one of my earlier blog posts about this issue. The draft legislation…
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When Will Your Mailing Be Postmarked?
Written by Atty. Jennifer M. Hayden of Pettit Law Group S.C.]

Effective December 24, 2025, the USPS will adopt a “final rule” that, along with the implementation of the Regional Transportation Optimization (“RTO”) initiative, is likely to result in the date a mailing is postmarked being a day or more later than the date the mailing is delivered to USPS, unless you have it postmarked by hand by a USPS retail worker when you drop it off. The postmark…
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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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