Legal Question in Real Estate Law in Wisconsin

I let my cousin use my car so he could get back and forth to work for 3 weeks. His apartment complex provides a car lot for tenants only. His landlord parking rules does not require leting the landlord know what kind or how many vichles you have or require to be registered with the landlord and have like a parking sticker that is placed on the car to show who is allowed to park there. My car had a bad tire so my cousin needed to replace it or put air in it everyday,one of the days he left the car there and got a ride to work. i was rideing to his home for a visit and i found the landlord and some other people demageing and detroying the car, they bust the side window, demage/busted the steeling wheel with a hammer.I stop and ask the landlord why he is demaging my car he said that he did not know who car it was and he was only to get some money for it. I explain to him that my car is running and is in good condition and asked if he asked his tenants who car it is he said no, i call my cousin over and he was very upset he told his landlord he will have to pay for the car the landlord disagreed and stated to take him to court. Can i sue the landlord for demarge to my property?


Asked on 3/14/10, 2:35 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

You can certainly sue (or ask the police to charge) the landlord, although where or not anyone will win a suit is a different matter. WI has a criminal law against damage to property without the permission of the owner which can lead to up to nine months in jail, a ten thousand dollar fine, and restitution. Civil damage to property claims are also well recognized. The landlord may have a defense if the property was abandoned and ownership could not be determined, however. If you do sue, you should probably also join your brother in the suit for failing to take care of property which you had entrusted to him. My comments in this online forum are offered for public educational purposes only and are not legal advice, nor do they create any attorney/client relationship between us. However, I may be able to formally represent you if you contact my Racine office and make arrangements to retain me. I also represent clients throughout WI.

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Answered on 3/21/10, 4:38 pm


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