2007AP1246 Lakeside Gardens v. LaShay

By: dmc-admin//January 21, 2008//

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Property
Landlord-tenant; Section 8

Nyla LaShay's tenancy was terminated because she allegedly kept cats in her apartment, contrary to the lease terms. LaShay fought her eviction on multiple grounds, all to no avail, as the small claims court entered a judgment for eviction. She appeals, again raising several grounds, but we deem one issue to be dispositive. LaShay was a tenant in federally subsidized Section 8 New Construction housing. As such, the owner could only terminate upon strict compliance with the federal laws regarding notice and the small claims court was required to apply that law to this case. Because the small claims court declined to apply federal law, this court must reverse and remand with directions which we will later specify. This opinion will not be published.

2007AP1246 Lakeside Gardens v. LaShay

Dist II, Fond du Lac County, Nuss, J., Brown, C.J.

Attorneys: For Appellant: Vette, Lucinda M., Oshkosh; For Respondent: Fortune, Michael P., Fond du Lac

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