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VINCENTI v. STEWART

No. 81-1565.

107 Wis.2d 651 (1982)

321 N.W.2d 340

Dana VINCENTI, n/k/a Dana Montana, Plaintiff and Cross-Appellant, v. Rufus STEWART, Defendant and Cross-Respondent.

Court of Appeals of Wisconsin.

Decided May 19, 1982.

Attorney(s) appearing for the Case

For the plaintiff and cross-appellant the cause was submitted on the brief of Richard P. Brugger of Lake Geneva.

For the defendant and cross-respondent the cause was submitted on the brief of Berwyn B. Braden of Braden & Olson of Lake Geneva.

Before Voss, P.J., Brown and Scott, JJ.

SCOTT, J.

This appeal raises the issue of whether a trial court is required to award a landlord a minimum of double rent damages against a holdover tenant in an eviction action under sec. 704.27, Stats. The trial court held that the decision of whether or not to award double rent damages was within its discretion and denied double rent damages. We conclude that sec. 704.27, Stats., requires that when a court grants a landlord relief under

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