"We determine that because the lease includes a provision in violation of ATCP 134.08(3), the landlord, Baierl, may not enforce the lease against the tenants. Holding the lease unenforceable by the landlord not only advances the intent underlying ATCP 134.08(3), but prevents the objectives of the regulation from being wholly undermined."

"The majority opinion should be a clarion call to landlords across the state to review their residential lease forms and ensure that they comply with Wis. Admin. Code ATCP 134.08, so as not to have their leases inadvertently invalidated as a result of noncompliance."

Also see the March 2003 Wisconsin Bar Article on the subject

"In sum, a landlord who includes a provision specifically prohibited by the Wisconsin Administrative Code in a residential lease will be prohibited from enforcing the remaining terms of that lease. Having examined the underlying intent of section ATCP 134.08(3), the Wisconsin Supreme Court has determined that allowing the enforcement of such a lease would fail to advance the overall intent of the regulation and would completely undermine the objectives of the DATCP and its attempt to bring equality to residential landlords and tenants. All residential leases should be reviewed to ensure that they comply with Wisconsin law and do not result in a void lease."

I would recommend talking to Attorney Heiner Giese. He drafted the Associations lease that is for sale at Legal Blank and also does a lot of our companys legal work. This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

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