| Tenant Protected Actions |
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| Landlord Retaliatory Actions |
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| Penalties for Retaliation |
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When Is It Illegal for Landlords to Retaliate in Wisconsin?
In Wisconsin, it’s illegal for landlords to retaliate by evicting, canceling an automatic lease renewal, reducing utility services, or any other act that’s constructively evicting a tenant who has taken one of the following protected actions:
- Reporting or suing over a code violation
- Participating in a tenant organization
- Pursuing rights under state or local law
What Can Tenants Do in Response in Wisconsin?
Wisconsin tenants can respond to landlord retaliation by suing for double the economic damage caused. They might also seek an injunction. If the tenant wins, he gets to recover reasonable court costs and attorney fees. The state of Wisconsin might also prosecute the landlord for unfair trade practices.
As of 2024, recent Wisconsin caselaw also provides that a landlord who tries to allow retaliatory actions through an unlawful lease provision must return ALL rent received during the tenancy.
Sources
- 1 Wis. Admin. Code § 134.09(5) (2022)
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“No landlord shall terminate a tenancy or give notice preventing the automatic renewal of a lease, or constructively evict a tenant by any means including the termination or substantial reduction of heat, water or electricity to the dwelling unit, in retaliation against a tenant because the tenant has: (a) Reported a violation of this chapter or a building or housing code to any governmental authority, or filed suit alleging such violation; or (b) Joined or attempted to organize a tenant’s union or association; or (c) Asserted, or attempted to assert any right specifically accorded to tenants under state or local law.”
Source Link - 2 Wis. Stat. § 100.20(5) (2022)
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“Any person suffering pecuniary loss because of a violation by any other person of s. 100.70 or any order issued under this section may sue for damages therefor in any court of competent jurisdiction and shall recover twice the amount of such pecuniary loss, together with costs, including a reasonable attorney fee.”
Source Link - 3 Wis. Stat. § 100.20(6) (2022)
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“The department may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction the violation of s. 100.70 or any order issued under this section. The court may in its discretion, prior to entry of final judgment make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, provided proof thereof is submitted to the satisfaction of the court.”
Source Link - 4 Koble v. Marquardt, App. No. 2022AP182 at 46 (Wi. App. April 23, 2024)
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…when a transaction [including a covenant to rent] is void, the customer shall be entitled to retain the goods, services or money received pursuant to the transaction without obligation to pay any amount and shall be entitled to recover any sums paid to the merchant pursuant to the transaction.
Source Link
