We have received great news regarding the Koble Investments v. Marquardt decision (2026 WI 19), released by the Wisconsin Supreme Court this morning, June 5, 2026.
I have attached a "cliff notes" analysis from our colleague Rick Van Der Leest, President of AANW and FVAA, along with a full copy of the decision for your review. We could not have prevailed without your collective help; this was one of the most significant legal challenges our industry has ever faced. Please continue to support your local landlord associations.
Key Takeaways from the Supreme Court's Ruling:
- Wisconsin Consumer Act (WCA): The Court ruled unanimously (6-1 on the merits) that the WCA does not apply to residential leases where rent is payable monthly. The Court found no "agreement to defer payment" exists, effectively ending the theory that landlords are "debt collectors" subject to WCA penalties.
- Damages and Causation: The Court held that even if a lease were found void, a tenant suffers no recoverable pecuniary loss because housing was received in exchange for rent. This reversal eliminates the "windfall theory" that would have allowed tenants to recover all past rent.
- Attorney Fees: Because there was no WCA violation and no proven damages, the Court ruled that the tenant's attorney is not entitled to fees or costs.
- Impact on Copycat Cases: This decision effectively neutralizes more than 80 pending copycat class-action lawsuits by removing their primary legal and economic basis.
While this is a strong reversal, the Court did not formally resolve whether a lease missing the domestic abuse notice is void under ยง 704.44(10). Consequently, our push for the AB 202 legislative fix remains essential to provide permanent clarity for the industry.
Thank you for your continued support and advocacy.