06/06/2026
🏘️ KOBLE UPDATE:
SUPREME COURT REVERSES COURT OF APPEALS
In a 25 total page decision released on June 5, 2026, the Wisconsin Supreme Court reversed the Court of Appeals decision in Koble v. Marquardt.
The Rental Property Association of Wisconsin, Inc. joined in two Supreme Court amicus curiae briefs in Koble, the first brief instrumental in supporting the request that the Court accept the case for review in the first place, and the second arguing the legal issues, part of which were cited by the Wisconsin Supreme Court’s concurring decision. The Court of Appeals decision created far reaching and devastating consequences by misinterpreting established Wisconsin law, as the Supreme Court noted in saying that it had “managed the mischief of grafting [part of the Wisconsin Consumer Act] over the landlord tenant relationship”. Koble v. Marquardt, 2026 WI 19 at ¶22.
Key Findings Affecting Property Owners:
1. The part of the Wisconsin Consumer Act applied to residential leases (§ 427.104) in Koble does not apply to a residential lease under which rent is payable on a monthly basis.
2. “Even if” the lease was void and unenforceable, for the tenant to recover damages, the tenant must prove that the violation caused the tenant to suffer pecuniary loss (monetary damages).
3. Without proving monetary damages, neither the tenant nor her attorney are entitled to recover damages, costs or attorney fees under Sections 100.20(5) or 425.308(1), Wis. Stats.
4. A tenant occupying premises under a void and unenforceable lease is a periodic tenant obligated to pay rent on whatever basis the tenant was paying the rent under the lease (for example, monthly). The law does not allow a tenant to occupy premises rent-free simply because the lease is void and unenforceable.
5. While the majority opinion did not go so far as to definitively state that the WCA does not apply to residential leases at all, the majority opinion does thoroughly analyze why § 427.104 of the WCA does not apply.
How Should Property Owners React to the Koble decision?
Prohibited lease provisions remain prohibited lease provisions. The Koble decision does not change that. Ensure that your leases are compliant.
Property owners have been, and continue to be, subject to enforcement actions and penalties for noncompliant lease practices. Enforcement penalties can be severe.
Important information for Wisconsin property owners, landlords, investors, and housing providers.
