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Legal Memorandum: Definition of "Normal Wear and Tear" in WI

Issue: Wisconsin law for a definition of normal wear and tear as well any cases citing Wis. ATCP 134.05(3).

Area of Law: Real Estate Law
Keywords: Definition of normal wear and tear; Wis. ATCP 134.05(3)
Jurisdiction: Wisconsin
Cited Cases: 677 N.W.2d 733; 290 N.W.2d 539; 271 Wis. 2d 820; 268 Wis. 2d 295; 671 N.W.2d 865; 401 N.W.2d 183
Cited Statutes: Wis. ATCP § 134.05(3)
Date: 10/01/2004

As to Wis. ATCP § 134.05(3), the only Wisconsin case citing that regulation is Ambrookian v. Formanek, 135 Wis. 2d 547, 401 N.W.2d 183 (Ct. App. 1986) (unpublished). However, the citation is merely mentioned without any discussion of its application.

Parkview of Caledonia, LLC v. Weisto, 268 Wis. 2d 295, 671 N.W.2d 865 (Ct. App. 2003) (unpublished) (Even in a lease that permits smoking by tenants, unusual damage caused by smoking, requiring painting and repair to walls and the ceiling, as well as damage caused to flooring and carpet from cigarette burns and other stains was not normal wear and tear.).

Gartz v. J & J Assocs. Holding, LLC, 271 Wis. 2d 820, 677 N.W.2d 733 (Ct. App. 2004) (unpublished) (Cost for replacement and installation, or even reasonable present value, of a dishwasher is not permitted when no evidence supports damage was caused by anything other than the appliance’s age and normal wear and tear.  Lease may provide that tenants will clean the carpets though only damage results from normal wear and tear.).

Rivera v. Eisenberg, 95 Wis. 2d 384, 290 N.W.2d 539 (Ct. App. 1980) (Landlord failed to meet his burden of proof regarding existence of damages in excess of normal wear and tear, including “that the apartment was filthy and full of garbage.”  Court did not hold that such damages were normal wear and tear, merely holding that […]

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