(DOWNLOAD) "Kaleka v. Durand Shell" by State of Wisconsin in Court of Appeals District II * Book PDF Kindle ePub Free
eBook details
- Title: Kaleka v. Durand Shell
- Author : State of Wisconsin in Court of Appeals District II
- Release Date : January 23, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
1 Durand Shell, Inc. rented a gas station for five years from Gurwant and Parminder Kaleka. A written lease agreement detailed the repairs that the Kalekas agreed to perform. They did not do these repairs. As a self-help remedy, Durand Shell stopped paying rent. The Kalekas then brought this eviction action, alleging that the lease agreement called for the timely payment of rent and Durand Shell breached this provision. After a bench trial, the trial court found that both parties had breached the lease agreement, but ordered a judgment for eviction on the grounds that the self-help remedy of abatement was foreclosed by a specific lease provision prohibiting it. Durand Shell appeals, claiming that its self-help abatement remedy is authorized by WIS. STAT. § 704.07(4) and that the courts decision leaves it without a remedy contrary to Article I, Section 9 of the Wisconsin constitution. But we hold that the lease agreement does indeed foreclose self-help abatement as a remedy, the statute does not help Durand Shell and it had other remedies available. We affirm.