Koble Investments v. Elicia Marquardt

Summary

The Wisconsin Supreme Court reversed the court of appeals and held that Wisconsin Statute § 427.104 does not apply to a residential lease requiring rent payments monthly because such a lease is not an agreement to defer payment. The court further held that, even if the lease was void and unenforceable for omitting the required domestic-abuse-protections notice, the tenant had not shown pecuniary loss resulting from the violation. Accordingly, neither the tenant nor her attorney could recover statutory damages, costs, or attorney fees.

Holdings

1. A residential lease under which rent is payable on a monthly basis is not an agreement to defer payment because the tenant's obligation to pay each month's rent accrues during that month rather than existing as a debt deferred from the time the lease is signed.
2. Marquardt could not recover statutory damages because she did not prove a pecuniary loss caused by Koble's alleged violation of the residential-leasing statutes and regulations.
3. Neither Marquardt nor Attorney Miller was entitled to recover attorney fees or costs under Wisconsin Statutes sections 425.308(1) or 100.20(5).

Questions Presented

1. Whether Wisconsin Statute section 427.104 applies to a residential lease under which rent is payable monthly.
2. Whether a monthly residential lease constitutes an agreement to defer payment under the Wisconsin Consumer Act.
3. Whether Marquardt established pecuniary loss caused by the alleged violation of Wisconsin Statute section 704.44(10) and Wisconsin Administrative Code section ATCP 134.08(10).
4. Whether Marquardt or Attorney Miller could recover statutory damages, costs, or attorney fees under Wisconsin Statutes sections 100.20(5) and 425.308(1).

Disposition

reversed