STATE OF WISCONSIN
CIRCUIT COURT – LA CROSSE COUNTY
Kingsfield MHC LLC,
Plaintiff,
v.
Kelly A. Fischer and Michael A. Sheridan,
Defendants.
Case No.: 2026SC001405
Class Code: Small Claims, Eviction (31004)
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ADDENDUM TO ANSWER AND AFFIRMATIVE DEFENSES: ILLEGAL
LEASE CLAUSES AND DURESS
Defendants, by and through Kelly A. Fischer, Pro Se, submit this Addendum to
their Answer and Affirmative Defenses to address two specific legal issues
raised by the Plaintiff's Complaint: the illegality of the lease offered to
Defendants, and the coercive nature of the Plaintiff's demand that Defendants
sign it.
I. The Lease Offered to Defendants is Void and Unenforceable
1. The Plaintiff offered Defendants a lease dated September 25, 2026. 2. Section 16 of that lease, titled "NON-LIABILITY OF LANDLORD," states
that the Landlord shall not be liable for injury, loss, or damage caused by
"bursting or leaking pipes," "disrepair," or "fire, water, rain, frost, snow, gas,
odors, or fumes."
3. This clause violates Wis. Admin. Code § ATCP 134.08(6), which prohibits a
rental agreement from relieving the landlord from liability for property damage
or personal injury caused by the landlord's negligent acts or omissions.
4. Under the Wisconsin Supreme Court's decision in Baierl v. McTaggart, 2001
WI 107, a lease containing a provision specifically prohibited by ATCP 134.08
is void and unenforceable. A landlord cannot enforce the terms of a lease that
includes an illegal clause.
5. Therefore, the lease offered to Defendants on September 25, 2026, is void.
Defendants cannot be evicted for failing to sign a void contract.
II. Defendants' Refusal to Sign Was Lawful; Any Forced Signature Would Be
Under Duress
6. On October 7, 2026, the Plaintiff served Defendants with a "Five-Day
Notice to Cure or Vacate." That notice demanded that Defendants either pay
$811.48 in unlawful fees or sign the void lease within five days, or else face
eviction.
7. By presenting Defendants with the choice to either sign an illegal contract
or lose their home, the Plaintiff engaged in unlawful coercion.
8. Under Wisconsin contract law, a signature obtained under duress—defined
as a threat that deprives a person of the exercise of their free will—is
voidable. The threat of eviction and homelessness is a severe form of
economic and emotional duress.
9. Defendants' refusal to sign the lease was not a breach of any lawful
obligation; it was a lawful exercise of their right to refuse an illegal contract.
Defendants cannot be penalized for refusing to sign a void and illegal lease
under threat of eviction. 10. The Plaintiff's attempt to force a signature under these circumstances is
evidence of bad faith and coercion, and it undermines the validity of the
eviction action.
III. Conclusion
The lease offered to Defendants is void under Wisconsin law. The Plaintiff's
demand that Defendants sign it or vacate constitutes duress. Defendants
respectfully request that the Court dismiss the eviction complaint and find that
the lease is unenforceable.
Dated this 26th day of October, 2026.
Respectfully Submitted,
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Kelly A. Fischer (Pro Se)
Legal Mailing Address:
223 8th Ave N
La Crosse, WI 54601
(608) 397-1634
melinartzistudiomusic@outlook.com Michael A. Sheridan (Co-Defendant)
96 Sheffield Drive
Holmen, WI 54636
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Addendum to
Answer and Affirmative Defenses was served upon the Plaintiff's attorney,
Roger Sage, by regular U.S. Mail at 122 W. Washington Ave., Suite 750,
Madison, WI 53703, and that the original was filed with the La Crosse County
Clerk of Courts on this date.
Dated: October 26, 2026.
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Kelly A. Fischer