Eau Claire landlord Dennis Berry began his 90-day jail sentence Tuesday as his three youngest children began their school year.
“My kids will go off to school, and then I’ll go off to jail,” said Berry, 40, of Eau Claire.
In July, Judge Benjamin Proctor sentenced Berry to 90 days in jail after the landlord pleaded no-contest in Eau Claire County Court to six misdemeanor offenses.
According to court documents, Berry entered no-contest pleas to two counts of theft and to four counts of failing to disclose conditions constituting substantial hazard in his rental properties.
He also will perform 500 hours of community service, pay $5,600 in restitution fees and remain on probation for three years.
Although Berry doesn’t rent to students, the issue of landlord competency is a familiar one to the university.
Of Eau Claire’s 10,500 undergraduates, about 5,000 live off campus and rent from landlords, said Charles Major, director of Housing and Resident Life.
Campus attorney Harry Hertel advises students who have disputes with landlords. Close to one-third of the students Hertel sees have landlord/tenant conflicts, he said.
“(Landlord competency) can be an issue,” he said. “At least 80 percent of landlords are good landlords, and 80 percent of tenants are good tenants.”
The problem, Hertel said, is with the other 20 percent. However, he added that he’s been working on campus for 20 years, and he sees fewer landlord/tenant disputes than in the past.
Berry doesn’t deny any wrongdoing in his case.
“I definitely made some mistakes; there’s no doubt about it,” he said. “What I did, I did, and I’m going to correct it.”
However, Berry said he thinks the sentence is “surprisingly excessive.”
Proctor disagreed.
“I think the sentence is totally appropriate,” he said. “When you violate the law, you should be responsible for the consequences.”
Court documents show that Eau Claire District Attorney Rich White and Berry’s former attorney, Richard Wachowski, struck a plea bargain in which 23 charges (20 misdemeanors and three felonies) were dismissed.
Despite 23 charges being dismissed, Proctor said, they were still a factor in Berry’s sentencing.
“The charges were dismissed but read in at sentencing,” Proctor said, adding that this is fairly common.
“(Sentencing) could include a panorama of charges,” he said.
The reduction in disputes, he believes, is partially due to the presence of a campus lawyer for students’ use.
In addition, he said, it is crucial for students to thoroughly check out both the property and the landlord before signing their lease.
Berry feels the same way and echoed that advice.
Students should check every possible source to make sure that their landlord is competent and that the property they’re renting has no housing code violations, Berry said.
“It’s my hope that the legal system will continue to go after landlords that take advantage of students and break the law,” Berry said. “(The legal system) should hold all landlords accountable.”