Articles Posted in Landlord - Tenant

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The Milwaukee City Housing Authority brought an eviction action against Defendant, who lives in federally subsidized housing, because Defendant violated the terms of his lease by engaging in “drug-related criminal activity” - i.e., smoking marijuana inside his apartment. Defendant argued that he could not be evicted because Wis. Stat. 704.17(2)(b) required the notice of eviction to provide him with an opportunity to remedy his lease violation. The circuit court issued a restitution order and writ of eviction. The court of appeals reversed. The Supreme Court reversed the court of appeals, holding that 42 U.S.C. 1437d(1)(6) preempts the right-to-remedy provision of section 704.14(2)(b) when a public housing tenant is evicted for engaging in “drug-related criminal activity” within the meaning of 42 U.S.C. 1437d(1). View "Milwaukee City Housing Auth. v. Cobb" on Justia Law

Posted in: Landlord - Tenant

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Robert Kraft formed Electronic Printing Systems, Inc. (the company), which was rebranded, restructured, and sold to various entities. This case involved several leases that the company and its progenies had with Anthony Gagliano & Co., Inc. (Gagliano). Gagliano filed claims against defendants New Electronic Printing Systems, LLC; Openfirst, LLC; Robert Kraft; and Quad/Graphics, Inc. concerning rent allegedly owned under several commercial leases. The circuit court granted (1) granted summary judgment for Quad/Graphics, the last entity to acquire assets of the company; and (2) after trial, directed a verdict in favor of Defendants, concluding that Gagliano did not give sufficient notice to extend the leases to the time when the alleged breach occurred. The court of appeals reversed summary judgment in favor of Quad/Graphics and reversed the circuit court’s directed verdict. The Supreme Court affirmed in part and reversed in part, holding (1) Gagliano’s notice was valid because Gagliano gave sufficient notice to extend the leases to the time when the alleged breach occurred; and (2) Qaud/Graphics was not liable to Gagliano because Quad/Graphics was a subtenant of the lessee, not an assignee of the leases. View "Anthony Gagliano & Co., Inc. v. Openfirst, LLC" on Justia Law