GUEST POST: Milwaukee Rental Housing Resource Center - A Collaboration

By Tim Ballering (justalandlord.com)

Yesterday's new contained many articles on Milwaukee’s Rental Housing Resource Center which is a collaboration to help both renters and housing providers. This was project was envisioned and started a couple of years ago. It became more relevant with the COVID economic crisis that has impacted the ability of folks to pay rent and avoid eviction.

The partners are a very diverse group: Community Advocates, Legal Aid, Legal Action, IMPACT, Mediate Milwaukee, Hope House, the City of Milwaukee, County of Milwaukee, and the Apartment Association of Southeastern Wisconsin.

The inclusion of the housing industry makes Milwaukee rather unique from other communities. Here we realize that housing and renters are two sides of a single coin. Both need the other to succeed.

Here is yesterday’s news:

• Milwaukee renters and landlords will have a central spot to get assistance with rent, part of an effort to reduce evictions. 
• Milwaukee Rental Housing Resource Center Hopes To Reduce Evictions  
• Rental Housing Resource Center to launch Dec 1. 
• Keeping the roof over your head: collaborative website helping those facing pandemic induced eviction 

Less Than One Month Until AASEW's Landlord Boot Camp on October 20, 2018.

Hello Everyone –

There is less than 1 month left until the next Landlord Boot Camp which is scheduled for October 20, 2018.

One new topic that I will discuss is Milwaukee County's new ordinance creating a new protected class for tenants with rental vouchers.  I will be explaining the new ordinance and what a landlord can and cannot do with regard to this new protected class.

I also will be discussing the new law changes under Act 317 which became effective as of April 18, 2018.  With so many changes in the law recently, this is definitely the Boot camp that you want to attend.  The 100+ page manual has also been updated as have many of the sample forms that are included. 

To sign up now you can call or email Kathy at (414) 276-7378 or kathy@AASEW.org or sign up online at www.LandlordBootCamp2018.com

Below are more details about the event.

Thanks

T

The Apartment Association of Southeastern Wisconsin's Landlord Boot Camp can help you navigate these treacherous waters and learn how to run your properties with less hassles.

WHO: Taught by Attorney Tristan R. Pettit of Petrie + Pettit S.C.

Attorney Tristan Pettit has given similar landlord-tenant law seminars to fellow attorneys, landlords, and property management organizations that charge their members $400-$500. This is your opportunity to learn all of the same information at a huge discount through the Apartment Association.

WHEN: October 20, 2018 from 8:30 am - 5 pm. Q+A from 5 pm - 6 pm

Registration opens at 7:10 AM. The seminar will run from 8:30 am to 5 pm with a half hour lunch break. There will be a one hour question and answer session afterwards, ending promptly at 6 pm. Many will find the Q&A invaluable, therefore you may wish to make arrangements to stay until 6 pm.

WHERE: Four Points by Sheraton at 5311 S. Howell Ave in Milwaukee.

INCLUDED:

• 100 plus page manual to help you put what you learn into practice.

• LUNCH

PRICE:

• AASEW Members $179

• Non-Members $297

SPECIALS: Not an AASEW member? Pay just $1 more than the non-member price ($298) and receive both attendance at Boot Camp and a 12 month general membership at the AASEW, which includes discounts at Home Depot, Sherwin Williams and more.

Wisconsin landlord-tenant laws are constantly changing. To help keep you up to date those who attended in the past three years receive a $40 discount.

What you will learn at the Apartment Association's Fall 2018 Landlord Boot Camp:

Landlord Boot Camp covers everything that you need to know about residential Landlord Tenant law in Wisconsin, as amended in March 2012 by Act 143, in March 2014 and again in March 2016 with the passage of ACT 176, and again in April of 2018 with Act 317 including:

1. How to properly screen prospective tenants

2. How to draft written screening criteria to assist you in the selection process

3. How to comply with both federal and state Fair Housing laws including how to comply with “reasonable modifications" and “reasonable accommodations" requests

4. How to legally reject an applicant

5. What rental documents you should be using and why

AND MUCH MORE

AASEW's Fall Landlord Boot Camp Announced - October 29, 2016

The AASEW's Fall Landlord Boot Camp has recently been announced. This will be the 14th Boot Camp.

This Boot Camp will be a very important one as I will be covering two new topics that are very important.

1. We will discuss the new Landlord Tenant Law (Act 176) and its effects including the "crime-free" provisions, and

2. We will discuss HUD's new directive regarding the use of an applicant's criminal history in the screening process.

Our last Boot Camp sold out several weeks before the event so if you are interested I would encourage you to sign up early.

It is important to remember that landlording can be pretty complex, with a seemingly never ending myriad of paperwork, rules, landlord-tenant laws and simple mistakes that can cost you thousands. In fact as we speak a new landlord-tenant bill is being debated in Madison.

The Apartment Association of Southeastern Wisconsin's 14th “Landlord Boot Camp" can help you navigate these treacherous waters and learn how to run your properties with greater profit and less hassles.

Who: Taught by Attorney Tristan Pettit, who drafts many of the landlord tenant forms for Wisconsin Legal Blank.

Attorney Tristan Pettit has given similar landlord-tenant law seminars to fellow attorneys, landlords, and property manager organizations that charge their members $300-$400. This is your opportunity to learn all of the same information at a huge discount through the Apartment Association

When: Saturday, October 29, 2016 8:30 AM – 5:30 PM Registration opens at 7:00 AM

Where: Clarion Hotel 5311 S. Howell Avenue, Milwaukee [Map]

Included: 100 plus page manual to help you put what you learn into practice.

Price:

• Members $179
• Non-Members $297

What you will learn at the Apartment Association's 2016 Landlord Boot Camp

Landlord Boot Camp covers everything that you need to know about residential Landlord Tenant law in Wisconsin, as amended in April 2012 by Act 143, again in March 2014 by Act 76 and again in March 2016 by Act 176, including:

1. How to properly screen prospective tenants

2. How to draft written screening criteria to assist you in the selection process

3. How to comply with both federal and state Fair Housing laws including how to comply with “reasonable modifications" and “reasonable accommodations" requests

4. How to legally reject an applicant

5. What rental documents you should be using and why

6. When you should be using a 5-day notice versus a 14-day notice, 28-day notice, or 30-day notice and how to properly serve the notice on your tenant

7. Everything you wanted to know (and probably even more than you wanted to know) about the Residential Rental Practices (ATCP 134) and how to avoid having to pay double damages to your tenant for breaching ATCP 134

8. When you are legally allowed to enter your tenant's apartment

9. How to properly draft an eviction summons and complaint

10. What to do to keep the commissioner from dismissing your eviction suit

11. What you can legally deduct from a security deposit

12. How to properly draft a security deposit transmittal / 21 day letter

13. How to handle pet damage

14. What to do with a tenant's abandoned property and how this may affect whether or not you file an eviction suit

15. How to pursue your ex-tenant for damages to your rental property and past due rent (and whether it is even worth it to do so)

There will also be an ample question and answer period. This alone is worth the admission.. . . and much more.

Our Spring session was sold out weeks before the event, so if you are interested in attending please consider signing up early to avoid missing this important seminar.

Call the Association at (414) 276-7378 or email us at membership@AASEW.org or sign up online at www.LandlordBootCamp2016.com today to reserve your spot.

Landlord Boot Camp Is Just Around The Corner - February 20, 2016

The AASEW's (Early) Spring Landlord Boot Camp is just around the corner. Can you believe that this will be our 13th Boot Camp seminar?

Landlording can be pretty complex, with a seemingly never ending myriad of paperwork, rules, landlord-tenant laws and simple mistakes that can cost you thousands. In fact as we speak a new landlord-tenant bill is being debated in Madison.

The Apartment Association of Southeastern Wisconsin's 13th “Landlord Boot Camp" can help you navigate these treacherous waters and learn how to run your properties with greater profit and less hassles.

Who: Taught by Attorney Tristan Pettit, who drafts many of the landlord tenant forms for Wisconsin Legal Blank.

Attorney Tristan Pettit has given similar landlord-tenant law seminars to fellow attorneys, landlords, and property manager organizations that charge their members $300-$400. This is your opportunity to learn all of the same information at a huge discount through the Apartment Association

When: February 20, 2016 Saturday 8:30 AM – 5:30 PM Registration opens at 7:00 AM

Where: Clarion Hotel 5311 S. Howell Avenue, Milwaukee [Map]

Included: 100 plus page manual to help you put what you learn into practice.

Price:

• Members $159
• Non-Members $249

Wisconsin landlord-tenant laws are constantly changing. To help keep you up to date those who attended in the past three years a $50 discount.

What you will learn at the Apartment Association's 2016 Landlord Boot Camp

Landlord Boot Camp covers everything that you need to know about residential Landlord Tenant law in Wisconsin, as amended in April 2012 by Act 143 and again in March 2014 by Act 76, including:

1. How to properly screen prospective tenants

2. How to draft written screening criteria to assist you in the selection process

3. How to comply with both federal and state Fair Housing laws including how to comply with “reasonable modifications" and “reasonable accommodations" requests

4. How to legally reject an applicant

5. What rental documents you should be using and why

6. When you should be using a 5-day notice versus a 14-day notice, 28-day notice, or 30-day notice and how to properly serve the notice on your tenant

7. Everything you wanted to know (and probably even more than you wanted to know) about the Residential Rental Practices (ATCP 134) and how to avoid having to pay double damages to your tenant for breaching ATCP 134

8. When you are legally allowed to enter your tenant's apartment

9. How to properly draft an eviction summons and complaint

10. What to do to keep the commissioner from dismissing your eviction suit

11. What you can legally deduct from a security deposit

12. How to properly draft a security deposit transmittal / 21 day letter

13. How to handle pet damage

14. What to do with a tenant's abandoned property and how this may affect whether or not you file an eviction suit

15. How to pursue your ex-tenant for damages to your rental property and past due rent (and whether it is even worth it to do so)

There will also be an ample question and answer period. This alone is worth the admission.. . . and much more.

Both of last year's AASEW Landlord Boot Camp were filled to capacity. So call early to reserve your spot.

Call the Association at (414) 276-7378 or email us at membership@AASEW.org or sign up online at www.LandlordBootCamp2016.com today to reserve your spot.

Don't Miss the Free Annual AASEW Landlord Trade Show and Education Event on October 8th.

Yes, folks it is time once again for the Free Annual AASEW Landlord Trade Show and Education Event. If you own rental housing, or wish to become an investor, this is the event for you.

October 8th 11 AM – 4:30 PM Potawatomi Bingo Casino Expo Center, 1721 W Canal St, Milwaukee, WI 53233

Lots of educational seminars, lots of food, lots of networking, lots of opportunities to find new and better vendors or to reunite with old ones and, for the first time ever, one lucky attendee will go home with an Apple Watch (See contest rules posted at the show)

Free for preregistered attendees, $20 at the door. Register Here!

https://www.eventbrite.com/e/aasew-tradeshow-free-to-apartment-owners-and-managers-tickets-18402319834

Complimentary buffet lunch included with pre-registration by 10/4/15.

Doors open at 11am with an outstanding educational line up:

11:00 Free Buffet lunch and exhibits

11:30 Round Tables and exhibits

12:30 “Personal Safety at Home and Work" and Round Tables

1:30 Break and exhibits

2:00 “Dealing with Difficult People" and Round Tables

3:00 Break and exhibits

3:30 Legal Update with Attorney Tristan Pettit

4:30 Apple Watch Drawing and conclusion

*Exhibits will be open the entire show

Round Table Topics and TImes:

11:30	Emergency Assitance
12:30	Rent Assistance
2:00	Smoke Free
11:30	Marketing and Social Media
12:30	Marketing and Social Media
2:00	Marketing and Social Media
11:30	Pest Control
12:30	Pest Control
2:00	Pest Control
11:30	E-Notify
12:30	Towing and the new laws
2:00	Towing and the new laws
11:30	Collections
12:30	Collections
2:00	Collections
11:30	Sex Offender
12:30	Security & Surveliance
2:00	Security & Surveliance

*Subject to change – final schedule will be available at the week of the show.

Exhibitors:

2nd Wind Exercise

ABC Sewer

Accent Construction and Remodeling, LLC

Always Towing & Recovery Inc

Batzner Pest Control

Brook Furniture Rental

Bruck Law Offices, S.C.

Carpetland USA

CITY OF MILWAUKEE

CJM Lighting & Electrical Inc

Coin Appliances

Dey Distributing

Diamond Vogel Paint

Energy House

Engineered Security Solutions, INC.

Finance System of Green Bay, Inc.

Focus on Energy

For Rent

Forest Green Realty & Management

Giertsen Company

Goldman Group – REMAX Lakeside

Grand Appliance and TV

Great Lakes Commercial Sales

HD Supply

Home Depot

landlord services

Landscape Concepts Management

Lowe's

Midwest Mortgage Credit Services

Milwaukee Cabinetry, Inc.

Milwaukee REIA

Milwaukee Windows

Nonns Flooring

Ogden & Company, Inc.

Orkin

P&C Insurance

PooPrints/Apartment Supply

Quality Floors

Real Property Management Greater Milwaukee Suburbs

Reliable Water Services

Safeway Pest Management

ServiceMaster Recovery Services

Skyline of Milwaukee

Star Bright Carpet and Upholstery

The Equitable Bank

The Realty Company LLC

Tri City Bank

Vesel Services

WASH Multifamily Laundry Systems

Waterstone Bank

We Energies

West Allis Heating & Cooling

Wisconsin Legal Blank Co., Inc.

Wolverine Brass

Wons Background Investigations

SEMINAR: AASEW'S Fall Landlord Boot Camp Will Be Held on October 17th

The AASEW's Fall Landlord Boot Camp is just around the corner. Can you believe that this will be our 12th Boot Camp seminar?

Landlording can be pretty complex, with a seemingly never ending myriad of paperwork, rules, landlord-tenant laws and simple mistakes that can cost you thousands.

The Apartment Association of Southeastern Wisconsin's 12th “Landlord Boot Camp" can help you navigate these treacherous waters and learn how to run your properties with greater profit and less hassles.

Who: Taught by Attorney Tristan Pettit, who drafts many of the landlord tenant forms for Wisconsin Legal Blank.

Attorney Tristan Pettit has given similar landlord-tenant law seminars to fellow attorneys, landlords, and property manager organizations that charge their members $300-$400. This is your opportunity to learn all of the same information at a huge discount through the Apartment Association

When: October 17, 2015 Saturday 8:30 AM – 5:30 PM Registration opens at 7:00 AM

Where: Clarion Hotel 5311 S. Howell Avenue, Milwaukee [Map]

Included: 100 plus page manual to help you put what you learn into practice.

Price:

• Members $159
• Non-Members $249

Specials: Not a member? Pay just $1 more than the non member price and receive both the Boot Camp and an AASEW membership for the remainer of 2015 including member discounts at Home Depot, Sherwin Williams and more.

Wisconsin landlord-tenant laws are constantly changing. To help keep you up to date those who attended in the past three years a $50 discount.

What you will learn at the Apartment Association's 2015 Landlord Boot Camp

Landlord Boot Camp covers everything that you need to know about residential Landlord Tenant law in Wisconsin, as amended in April 2012 by Act 143 and again in March 2014 by Act 76, including:

1. How to properly screen prospective tenants

2. How to draft written screening criteria to assist you in the selection process

3. How to comply with both federal and state Fair Housing laws including how to comply with “reasonable modifications" and “reasonable accommodations" requests

4. How to legally reject an applicant

5. What rental documents you should be using and why

6. When you should be using a 5-day notice versus a 14-day notice, 28-day notice, or 30-day notice and how to properly serve the notice on your tenant

7. Everything you wanted to know (and probably even more than you wanted to know) about the Residential Rental Practices (ATCP 134) and how to avoid having to pay double damages to your tenant for breaching ATCP 134

8. When you are legally allowed to enter your tenant's apartment

9. How to properly draft an eviction summons and complaint

10. What to do to keep the commissioner from dismissing your eviction suit

11. What you can legally deduct from a security deposit

12. How to properly draft a security deposit transmittal / 21 day letter

13. How to handle pet damage

14. What to do with a tenant's abandoned property and how this may affect whether or not you file an eviction suit

15. How to pursue your ex-tenant for damages to your rental property and past due rent (and whether it is even worth it to do so)

There will also be an ample question and answer period. This alone is worth the admission.. . . and much more.

Last year's AASEW Landlord Boot Camp was filled to capacity. So call early to reserve your spot.

Call the Association at (414) 276-7378 or email us at membership@AASEW.org or sign up online at www.LandlordBootCamp2015.com today to reserve your spot.

Remember that “landlording" is a business — so take the time to educate yourself on how to better manage your business and avoid costly errors!

Guest Post: AASEW Continues Moving Forward

Below is this month's President's Column from the Apartment Association newsletter. While Joe Dahl states his reason for stepping down modestly as “to pursue other opportunities" the truth is Joe was accepted into the Princeton PhD program where he plans to expand on what he learned as an urban landlord to study housing related issues. It will be refreshing to see this type of study being done without the typical 'all landlords are bad and homeownership is the only answer' bias that so much of this work is founded upon.

Joe's life story so far is inspirational – growing up on the near Southside and through pure self determination, moving beyond those roots, getting an MBA and now being accepted into a doctoral program at one of the top colleges in the nation. I told him I want a cameo appearance when his story hits the big screen. Joe credits his involvement with rental housing as an important part of his life and opportunities.

Joe was the most charismatic leaders of the Association in the 26 years I have been involved with the group. In that sense he will be missed.

However the Association will continue to thrive. The incoming president, Jerry Carne, is long time landlord and a person who values action as well as understands fiscal responsibility. He will do well in this position, even if he may not look as good in a fedora as Joe.

We have many other outstanding board members who continue to work hard behind the scenes. Shari Engstrom, from Sid Grinker Restoration, has really stepped up the quality of our special events like the Trade Show, summer party and holiday parties. Tristan Pettit remains intimately involved in the Association. Tristan and AASEW Attorney Heiner Giese work diligently to make sure laws are as favorable to our industry as possible. Ihsan Atta is one of the sharpest and most personable people I've met. Carrie Maas has many connections within the industry and community. Ralph Hibbard, from Orkin, probably has rental housing in his DNA as his family has been in real estate even before me. Few of you probably see this, but Ralph is the real workhorse for the Association behind the scenes. For better or for worse I tend to stick around for the AASEW, adding some continuity. We have three newer board members who will find their stride and do well for us: Tim Dertz, Ronald Hegwood, and Brian Bartsch.

While on a personal level I will miss Joe, from an Association's standpoint “The Future's So Bright, I Gotta Wear Shades" Timbuk 3

- Tim Ballering

Two years ago I took the reins of the AASEW with the vision that we could grow membership and improve the industry through collective action. Supported by an outstanding board of directors I am proud of the progress we have made on both fronts. Leading the organization has been a tremendous honor and it is with a heavy heart that I must step down to pursue other opportunities. Effective June 1, 2015 board member, Jerry Carne, will become interim President.

Our organization is full of entrepreneurs, large and small, who have built businesses and improved their communities through responsible investment. As an industry with low barriers to entry it remains one of the few spaces in the economy where hard work, tenacity, and perseverance can overcome the barriers of lack of capital and connections. Ensuring this pathway to prosperity exists for others is the responsibility of all who have benefited from it.

Yet our accomplishments have not been without failure. For every landlord who responds to our call to action and joins, there are 5 who do not. Foolishly believing they can go it alone, or worse, content to free load off the structural changes we effect, this segment represents our greatest obstacle and opportunity. Their short-sightedness emboldens aggressive municipalities and inhibits are ability to resist them. Engaging them as members will be the difference between our success and failure.

Upon assuming the Presidency I promised to turn the AASEW around or run us into the ground. Maintaining the status quo was not an option and I sincerely hope our leadership carries this philosophy into the future. As an organization we must fight complacency and stagnation as aggressively as a bad laws, both are costly.

Leading the AASEW has made me a better landlord and business person and professional. It's been integral to my success and has helped me forge a new path forward. It has been my honor to serve our members and work side by side with a group much more talented and intelligent than myself to make Wisconsin a better place to own and manage real estate.

Thank you for the opportunity.

All the best,
Joe Dahl

AASEW's 11th Landlord Boot Camp will be held on February 21, 2015

I hope everyone had an enjoyable holiday season. Now that the holidays are behind us it is time to get back to work : ) Toward that end, the AASEW has announced the details of its 11th Landlord Boot Camp.

Landlording can be pretty complex, with a seemingly never ending myriad of paperwork, rules, landlord-tenant laws and simple mistakes that can cost you thousands.

The Apartment Association of Southeastern Wisconsin's 11th “Landlord Boot Camp" can help you navigate these treacherous waters and learn how to run your properties with greater profit and less hassles.

Who: Taught by Attorney Tristan Pettit, who drafts many of the landlord tenant forms for Wisconsin Legal Blank.

Attorney Tristan Pettit has given similar landlord-tenant law seminars to fellow attorneys, landlords, and property manager organizations that charge their members $300-$400.This is your opportunity to learn all of the same information at a huge discount through the Apartment Association

When: February 21st, 2015 Saturday 8:30 AM – 5:30 PM Registration opens at 7:00 AM

Where: Clarion Hotel 5311 S. Howell Avenue, Milwaukee [Map]

Included: 100 plus page manual to help you put what you learn into practice.

Price:

• Members $159
• Non-Members $249

Specials: Not a member? Pay just $1 more than the non member price and receive both the Boot Camp and an AASEW membership for the remainer of 2015 including member discounts at Home Depot, Sherwin Williams and more.

Wisconsin landlord-tenant laws are constantly changing. To help keep you up to date those who attended in the past three years a $50 discount.

What you will learn at the Apartment Association's 2015 Landlord Boot Camp

Landlord Boot Camp covers everything that you need to know about residential Landlord Tenant law in Wisconsin, as amended in April 2012 by Act 143 and again in March 2014 by Act 76, including:

1. How to properly screen prospective tenants

2. How to draft written screening criteria to assist you in the selection process

3. How to comply with both federal and state Fair Housing laws including how to comply with “reasonable modifications" and “reasonable accommodations" requests

4. How to legally reject an applicant

5. What rental documents you should be using and why

6. When you should be using a 5-day notice versus a 14-day notice, 28-day notice, or 30-day notice and how to properly serve the notice on your tenant

7. Everything you wanted to know (and probably even more than you wanted to know) about the Residential Rental Practices (ATCP 134) and how to avoid having to pay double damages to your tenant for breaching ATCP 134

8. When you are legally allowed to enter your tenant's apartment

9. How to properly draft an eviction summons and complaint

10. What to do to keep the commissioner from dismissing your eviction suit

11. What you can legally deduct from a security deposit

12. How to properly draft a security deposit transmittal / 21 day letter

13. How to handle pet damage

14. What to do with a tenant's abandoned property and how this may affect whether or not you file an eviction suit

15. How to pursue your ex-tenant for damages to your rental property and past due rent (and whether it is even worth it to do so)

There will also be an ample question and answer period. This alone is worth the admission.. . . and much more.

Last year's AASEW Landlord Boot Camp was filled to capacity. So much so we even had to turn a few people away. So call early to reserve your spot.

Call the Association at (414) 276-7378 or email us at membership@apartmentassoc.org or sign up online at www.LandlordBootCamp2015.com today to reserve your spot.

Remember that “landlording" is a business — so take the time to educate yourself on how to better manage your business and avoid costly errors!

GUEST POST: An Important Eviction Case Heard By Wisconsin Supreme Court

An important eviction case heard by the WI Supreme CourtAttorney Heiner Giese on behalf of the Apartment Association filed an Amicus brief with the WI Supreme Court supporting the City of Milwaukee Housing Authority in their case against Cobbs. This case was heard by the Supreme Court yesterday.Basically the case revolves around the federal “one strike and you're out" rule for Section 8 housing and the state of WI's notice requirements for lease violations. The tenant advocates did a good job in selecting a sympathetic case to proceed on.As most of you know*, in WI you must give a tenant under a lease for a term a five day notice with right to cure for the first lease violation within the term of that lease. This is fine if perhaps they are a bit noisy one time. However it fails when there is a criminal act. Justice Gableman asked the Legal Action attorney to explain how 1st Degree murder be cured as long as the tenant doesn't do it again.A link to the oral arguments in front of the Supreme Court is at:http://www.wiseye.org/Programming/VideoArchive/EventDetail.aspx?evhdid=9392WI's laws on lease violations are generally goofy. You have to give a tenant the right to cure for lease violations including criminal acts under a lease for a term, but you are not permitted to use a 5 Day Breach with right to cure for a month to month tenant even for minor lease violations. So when your month to month tenant has the radio too loud you have to either ignore it or give them a 14 Day without a right to cure.One of our Association's legislative initiatives for 2015 is to change the law to permit a 5 Day with right to cure for month to month tenants as well as allowing for a notice with no right to cure for criminal acts regardless of the length of the rental agreement.Tim Ballering

Landlord Boot Camp Is Just Around The Corner - October 4, 2014.

The AASEW's ever popular Landlord Boot Camp is just around the corner. It will be held on Saturday, October 4, 2014 from 8:30 am - 5:30 pm at the Clarion Hotel located near the airport.

At this Fall's Boot Camp I will be updating everyone on how the courts have been handling and interpreting all of the law changes since Act 76 was passed back in March of this year.

I will also address numerous other of topics that will help you navigate Wisconsin's complex landlord - tenant laws. Learn how to run your properties with greater profit while staying out of trouble. Landlording can be pretty complex, with a seemingly never ending myriad of paperwork, rules, landlord-tenant laws and simple mistakes that can cost you thousands.

Some of the other topics that will be covered include:

1) How to properly screen prospective tenants

2) How to draft written screening criteria to assist you in the tenant selection process

3) How to comply with both federal and state Fair Housing laws including how to comply with “reasonable modifications" and “reasonable accommodations" requests

4) How to legally reject an applicant

5) What rental documents you should be using and why

6) When you should be using a 5-day notice versus a 14-day notice, 28-day notice, or 30-day notice and how to properly serve the notice on your tenant

7) Everything you wanted to know (and probably even more than you wanted to know) about the Residential Rental Practices (ATCP 134) and how to avoid having to pay double damages to your

tenant for breaching ATCP 134

8) When you are legally allowed to enter your tenant's apartment

9) How to properly draft an eviction summons and complaint

10) What to do to keep the commissioner or judge from dismissing your eviction lawsuit

11) What you can legally deduct from a security deposit

12) How to properly draft a security deposit transmittal ("21 day") letter

13) How to handle pet damage

14) What to do with a tenant's abandoned property and how this may affect whether or not you file an eviction suit

15) How to pursue your ex-tenant for damages to your rental property and past due rent (and whether it is even worth it to do so)

There will also be time for "Q&A" and Lunch is included!

If that is not enough you will also receive a manual that is over 100 pages that includes all of Tristan's outlines on the various topics and various forms.

Who: Taught by Attorney Tristan Pettit, who drafts the landlord tenant forms for Wisconsin Legal Blank.

When: Saturday, October 4, 2014 from8:30 AM – 5:30 PM ---- Registration opens at 7:00 AM

Where: Clarion Hotel 5311 S. Howell Avenue, Milwaukee [Map]

Price: AASEW Members only $159 . Non AASEW Members - $249

Register: Go to www.LandlordBootCamp2014.com and you can register online and read prior attendees testimonials.

Last year's AASEW Landlord Boot Camp was filled to capacity. So much so we even had to turn a few people away. So register early to reserve your spot

I hope to see everyone there.

T

AASEW MEETING: "Companion Animals - When A Landlord Must Accept Them" on August 18, 2014

I will be speaking at the AASEW's monthly meeting on the issue of companion/comfort animals and when a landlord must accept them in their rental properties.

Disability-related complaints, including those that involve assistance animals, are the most common complaint filed with HUD over the past few years. While the definition of a "service animal" under the ADA is very limited and requires that the animal be specifically trained (and excludes emotional support animals) that is not the case with the Fair Housing Act or Wisconsin's Open Housing Law. A tenant has the right to request a "reasonable accommodation" to a landlord's "no pet" or "limited pet" policy and a landlord may be legally required to allow them to have a comfort/companion animal to accommodate their disability.

I have seen a surge in tenant's requesting such accommodations as evidenced by a increase in angry telephone calls from clients upset about this issue.

Attend the AASEW's next meeting on August 18, 2014 at 7 pm at the Best Western Hotel located at 1005 S. Moorland Road in Brookfield, and learn about this important and timely topic.

The cost is free to AASEW members and $25 for non-members of expired members.

Hope to see many of you there.

T

Only 7 Days Left To Sign Up For Landlord Boot Camp on March 8th

There are just 7 days left to register for Landlord Boot Camp!!!

Come learn about Wisconsin's new Landlord Tenant law – Act 76 – plus everything else you need to know about Landlord-Tenant law in Wisconsin.

The Apartment Association of Southeastern Wisconsin's 9th “Landlord Boot Camp" can help you navigate these treacherous waters and learn how to run your properties with greater profit and less hassles.

Who: Taught by Attorney Tristan Pettit, who drafts the landlord tenant forms for Wisconsin Legal Blank

When: March 8th, 2014 Saturday 8:30 AM – 5:30 PM Registration opens at 7:00 AM

Where: Clarion Hotel 5311 S. Howell Avenue, Milwaukee [Map]

Included: 100 plus page manual to help you put what you learn into practice.

Price: Members $159. Non-Members $249

You will also receive lunch.

Specials: Not a member? Pay just $1 more than the non-member price and receive both the Boot Camp and an AASEW membership for the remainder of 2014 including member discounts at Home Depot, Sherwin Williams and more.

Wisconsin landlord-tenant laws are constantly changing and with Act 76 becoming effect on March 1^st --- the law has had some significant changes.

What you will learn at the Apartment Association's 2014 Landlord Boot Camp:

Landlord Boot Camp covers everything that you need to know about residential Landlord Tenant law in Wisconsin, as amended in March 2012 by Act 143 and again in March 2013 with the passage of Act 76, including:

1. How to properly screen prospective tenants.
2. How to draft written screening criteria to assist you in the selection process.
3. How to comply with both federal and state Fair Housing laws including how to comply with “reasonable modifications" and “reasonable accommodations" requests.
4. How to legally reject an applicant.
5. What rental documents you should be using and why.
6. When you should be using a 5-day notice versus a 14-day notice, 28-day notice, or 30-day notice and how to properly serve the notice on your tenant.
7. Everything you wanted to know (and probably even more than you wanted to know) about the Residential Rental Practices (ATCP 134) and how to avoid having to pay double damages to your tenant for breaching ATCP 134.
8. When you are legally allowed to enter your tenant's apartment.
9. How to properly draft an eviction summons and complaint.
10. What to do to keep the commissioner or judge from dismissing your eviction suit.
11. What you can legally deduct from a security deposit.
12. How to properly draft a security deposit transmittal ("21 Day") letter
13. How to handle pet damage.
14. What to do with a tenant's abandoned property and how this may affect whether or not you file an eviction suit.
15. How to pursue your ex-tenant for damages to your rental property and past due rent (and whether it is even worth it to do so).
16. Who can appear in court to handle an eviction as of March 1^st.
17. What language you must have in your rental agreement starting March 1^st or risk a court declaring it void and unenforceable.

Last year's AASEW Landlord Boot Camp was filled to capacity. So call early to reserve your spot.

The easiest way to register is to do so online at www.LandlordBootCamp2014.com or you can call the Association at (414) 276-7378 or email them membership@apartmentassoc.org today to reserve your spot.

Hope to see many of you there.

T

AASEW Meeting: Come Learn About The New Landlord-Tenant Law (Act 76) on Feb. 17th

As many of you know I have been blogging over the past month or so about aspects of the new Landlord-Tenant law that goes into effect on March 1, 2014. Well, I will continue to blog about the new law in the future, but if you would prefer to learn all about Act 76 in its entirety you should plan on coming to the next AASEW monthly meeting on Monday, February 17, 2014 at 7 pm at the Best Western in Brookfield.

Atty. Heiner Giese and myself, both of whom were actively involved in the drafting of this new law, will be presenting the new law in its entirely at this meeting. I will be handling out my outline/summary of the new law as well and Heiner will be handing out copies of the new language that MUST be included in all residential real rental agreements as of March 1, 2014.

In my opinion, this will be the single most important AASEW meeting of the year. So you will not want to miss it.

Attendence at the meeting is free for current AASEW members or $25 per person for non-members (if you join the AASEW at the meeting the $25 fee will be credited to your membership). If you would like to join the AASEW ahead of time so that you can more quickly find a seat for the meeting you should call Betzi at 414-276-7378 prior to the meeting.

I look forward to seeing everyone there.

T

JUST ANNOUNCED: AASEW's Next Landlord Boot Camp - Saturday, March 8, 2014

Landlording can be pretty complex, with a seemingly never ending myriad of paperwork, rules, landlord-tenant laws and simple mistakes that can cost you thousands.

The Apartment Association of Southeastern Wisconsin's 9th “Landlord Boot Camp" can help you navigate these treacherous waters and learn how to run your properties with greater profit and less hassles.

Who: Taught by Attorney Tristan Pettit, who drafts the landlord tenant forms for Wisconsin Legal Blank

When: March 8th, 2014 Saturday 8:30 AM – 5:30 PM Registration opens at 7:00 AM

Where: Clarion Hotel 5311 S. Howell Avenue, Milwaukee [Map]

Included: 100 plus page manual to help you put what you learn into practice.

Price: Members $159. Non-Members $249

Specials: Not a member? Pay just $1 more than the non member price and receive both the Boot Camp and an AASEW membership for the remainer of 2014 including member discounts at Home Depot, Sherwin Williams and more.

Wisconsin landlord-tenant laws are constantly changing. To help keep you up to date we offer prior attendees a $50 discount.

What you will learn at the Apartment Association's 2014 Landlord Boot Camp

Landlord Boot Camp covers everything that you need to know about residential Landlord Tenant law in Wisconsin, as amended in March 2012 by Act 143 and again in March 2013 with the passage of Act 76, including:

1. How to properly screen prospective tenants.
2. How to draft written screening criteria to assist you in the selection process.
3. How to comply with both federal and state Fair Housing laws including how to comply with “reasonable modifications" and “reasonable accommodations" requests.
4. How to legally reject an applicant.
5. What rental documents you should be using and why.
6. When you should be using a 5-day notice versus a 14-day notice, 28-day notice, or 30-day notice and how to properly serve the notice on your tenant.
7. Everything you wanted to know (and probably even more than you wanted to know) about the Residential Rental Practices (ATCP 134) and how to avoid having to pay double damages to your tenant for breaching ATCP 134.
8. When you are legally allowed to enter your tenant's apartment.
9. How to properly draft an eviction summons and complaint.
10. What to do to keep the commissioner from dismissing your eviction suit.
11. What you can legally deduct from a security deposit.
12. How to properly draft a security deposit transmittal ("21 Day") letter
13. How to handle pet damage.
14. What to do with a tenant's abandoned property and how this may affect whether or not you file an eviction suit.
15. How to pursue your ex-tenant for damages to your rental property and past due rent (and whether it is even worth it to do so).
16. An ample question and answer period. This alone is worth the admission. . . . and much more.

You get all this for less than you would pay for an hour of an attorney's time.

Last year's AASEW Landlord Boot Camp was filled to capacity. So call early to reserve your spot.

The easiest way to register is to do so online at www.LandlordBootCamp2014.com or you can call the Association at (414) 276-7378 or email them membership@apartmentassoc.org today to reserve your spot.

Hope to see many of you there.

T

Why I Am So Excited About This Saturday's AASEW Landlord Boot Camp

I am really excited about this Saturday's AASEW Landlord Boot Camp. Why you ask? Well let me tell you.

Just last week the Senate in Madison passed SB 179 which is a very large and sweeping revision to much of landlord-tenant law in Wisconsin. This bill not only cleans up the unintended consequences of last years Act 143, it also makes some major changes such as:

- Applies the new streamlined abandoned property law to evictions

- Allows the towing of vehicles on private property without the need for a citation to be issued first

- Prevents municipalities from requiring landlords to distribute information or report information to the government that is not required by state or federal law

- Allows non-lawyers to appear in court to represent their LLC's in eviction and other small claims actions

- It speeds up the eviction process - requiring the court to hear and complete an eviction trial within 20 days of the return date

- Allows property management companies or another agent of the owner to file evictions on behalf of their clients/owners

- Clears up the confusion regarding evicting a tenant that was involved in criminal activity

This bill has not yet been signed into law, but barring a veto from Governor Walker -- which is not anticipated -- it will become law very soon. SB 179 will help landlords and good law-abiding tenants alike.

So the reason I am so excited about this Saturday's Boot Camp is because it will be the 1st opportunity I have to teach landlords and property managers about the new changes.

SB 179 is a very comprehensive law. I just completed my outline this past weekend and boy there is a lot of information to cover.

If you are interested in learning about this new bill as well as the 7 other large topics that I will be teaching (including: the judicial eviction process, causes for eviction, security deposit issues, screening applicants, rental documents and much much more) at this Fall's Boot Camp -- please go to www.landlordbootcamp2013.com and sign up as there are still a few spots left!

I hope to see many of you there.

T

SB 179 ("Landlord-Tenant Bill") Is On It's Way To Governor Walker To Be Signed Into Law

At about 6:40 pm on October 16, 2013, SB 179 (commonly referred to as the Landlord-Tenant Bill) was concurred by the state Senate after a minor amendment was made in the state Assembly earlier. The bill passed 18-15 despite attempts to delay the bill via a motion to non-concur. The bill now goes to the Governor who has 30 days to "call" for the bill and sign it.

If you would like to watch the hearing you can do so by clicking here. The portion of the hearing dealing with SB 179 starts at approximately 2:58.

This bill which will hopefully become law -- absent a veto by the Governor -- will makes some major changes to Wisconsin Landlord Tenant law and the small claims eviction procedure. It also cleans up several of the unintended consequences of Act 143, which also dealt with landlord-tenant law, which became law back on March 31, 2012.

I will be devoting a segment of the AASEW's upcoming Landlord Boot Camp on October 26, 2013, to discussing SB 179 and its effect on the landlord-tenant landscape. For more information on the upcoming Boot Camp, including a summary of other topics that will be covered, prior attendees' testimonials, and how to register to attend, please go to www.LandlordBootCamp2013.com.

Assuming the Governor signs SB 179 into law, I will most likley be posting on this topic again in the near future and offerring my own analysis of the law, but for now I have reproduced for the Wisconsin Legislative Council's October 14, 2013 memo which summarizes current law in Wisconsin and then summarizes how SB 179 will affect/change current law.

This memorandum describes Senate Substitute Amendment 1 to 2013 Senate Bill 179, as amended by Senate Amendments 17 and 18, relating to landlord-tenant law, small claims actions, and towing of vehicles. In addition, this Memo describes Assembly Amendment 1 to 2013 Senate Bill 179, as passed by the Senate. The section numbers in brackets refer to the sections of Senate Bill 179 that are described under each heading, below.

RESTRICTIONS ON LOCAL ORDINANCES [Sections 1-4]

Under current law, a city, village, town, or county (municipality) is prohibited from enacting or enforcing certain ordinances relating to landlords and tenants, such as an ordinance imposing a moratorium on eviction actions or an ordinance that places certain limitations on what information a landlord may obtain and use concerning a prospective tenant. [ss. 66.0104 and 66.1010, Stats.]

Senate Bill 179 additionally prohibits a municipality from enacting or enforcing an ordinance that does any of the following:

• Limits a tenant’s responsibility, or a landlord’s right to recover, for any damage or waste to, or neglect of, the premises that occurs during the tenant’s occupancy of the premises.
• Limits a tenant’s responsibility or a landlord’s right to recover for any other costs, expenses, fees, payments, or damages for which the tenant is responsible under the rental agreement or applicable law.
• Requires a landlord to communicate to tenants any information that is not required to be communicated to tenants under federal or state law.
• Requires a landlord to communicate to the municipality any information concerning the landlord unless the information is required under federal or state law or is required of all residential real property owners.

Senate Substitute Amendment 1 authorizes a municipality to enact or enforce an ordinance that requires a landlord to communicate to the municipality any information concerning the landlord ifthe information is solely information that will enable a person to contact the owner or, at the option of the owner, an agent of the owner.

Senate Amendment 17 to Senate Substitute Amendment 1 authorizes a municipality to enact or create an ordinance that requires a landlord to communicate information to tenants that is not required to be communicated to tenants under federal or state law if the ordinance has a reasonable and clearly defined objective of regulating the manufacture of illegal narcotics.

Assembly Amendment 1 to Senate Bill 179, as passed by the Senate (i.e., as amended by Senate Substitute Amendment 1 and Senate Amendments 17 and 18) modifies the provision described above that generally prohibits a municipality from enacting or enforcing an ordinance requiring a landlord to communicate to the municipality any information concerning the landlord, unless an exception applies. Assembly Amendment 1 provides that the general prohibition relates to communication to the municipality of any information concerning the landlord or a tenant, unless an exception applies.

NOTIFICATION TO A PROSPECTIVE TENANT OF BUILDING CODE OR HOUSING CODE VIOLATIONS [Section 11]

Under current law, if a landlord has actual knowledgeof any uncorrected building code or housing code violation in the dwelling unit or a common area that presents a significant threat to the prospective tenant’s health or safety, the landlord must disclose the violation to a prospective tenant before entering into a rental agreement or accepting any earnest money or security deposit. [s. 704.07 (2) (bm), Stats.]

Under Senate Bill 179, the landlord must disclose the types of violations described above only if he or she has received written notice of the violation from a local housing code enforcement agency.

Senate Substitute Amendment 1 deletes this provision from the bill.

COMMISSION OF CRIMES ON RENTAL PROPERTY [Section 18]

Under current law, if a lease contains any of a list of prohibited provisions, the lease is void and unenforceable. Among the prohibited provisions is a provision that allows the landlord to terminate the tenancy of a tenant if a crime is committed in or on the rental property, even if the tenant could not reasonably have prevented the crime. [s. 704.44 (9), Stats.]

Senate Bill 179 repeals the provision of current law describe above.

Senate Substitute Amendment 1 replaces the current law provision described above with a provision that states that the lease is void and unenforceable if it contains a provision that allows the landlord to terminate a tenancy of a tenant based solely on the commission of a crime in or on the rental property, if the tenant, or someone who lawfully resides with the tenant, is the victim of that crime. Victim is defined by reference to s. 950.02 (4), which generally provides that “victim” means a person against whom a crime has been committed, unless he or she is the person charged with or alleged to have committed the crime.

In addition, the substitute amendment requires a lease to include a specified notice, in the lease agreement or an addendum to the lease agreement, of certain domestic abuse protections available under ss. 106.50 (5m) (dm) and 704.16, Stats. The first of these sections prohibits a landlord from evicting a tenant because of the tenant’s status as a victim of domestic abuse, sexual assault, or stalking. The second of these sections provides that a residential tenant may terminate his or her tenancy if the tenant or a child of the tenant faces an imminent threat of serious physical harm from another person if the tenant remains on the premises.

The substitute amendment also provides that a lease is void and unenforceable if it allows the landlord to terminate the tenancy of a tenant for criminal activity in relation to the property and the lease does not include the notice regarding domestic abuse protections described above.

Senate Amendment 18 to Senate Substitute Amendment 1 modifies the language required under the notice of domestic abuse protections. Under Senate Amendment 18, the notice provides that a tenant has a defense to an eviction action under the circumstances provided in s. 106.50 (5m) (dm), Stats., instead of providing that a tenant may be able to stop an eviction action under such circumstances.

TERMINATION OF TENANCY IN MOBILE OR MANUFACTURED HOME COMMUNITIES FOR THREAT OF SERIOUS HARM [No provision in Bill]

Under current law, a landlord may terminate the tenancy of a tenant if the tenant commits one or more acts, including verbal threats, that cause another tenant, or a child of that other tenant, who occupies a dwelling unit in the same single-family rental unit, multi-unit dwelling, or apartment complex as the offending tenant, to face an imminent threat of serious physical harm from the offending tenant if the offending tenant remains on the premises. [s. 704.16 (3), Stats.]

Senate Substitute Amendment 1 authorizes a landlord to terminate the tenancy of the tenant of a mobile or manufactured home community who threatens another tenant, or child of another tenant, of the mobile or manufactured home community under the same circumstances, described above.

TIMING OF RETURN OF SECURITY DEPOSIT [Section 15 and 16]

Under current law, if a tenant is evicted, a landlord must return the security deposit to the tenant, less any amounts that are appropriately withheld, within 21 days after the date on which the writ of restitution is executed or the date on which the landlord learns that the tenant has vacated the premises, whichever occurs first. [s. 704.28 (4) (d), Stats.]

Under Senate Bill 179, if a tenant is evicted, the landlord must return the security deposit to the tenant within 21 days after the date on which the tenant’s rental agreement terminates or, if the landlord rerents the premises before the tenant's rental agreement terminates, the date on which the new tenant’s tenancy begins.

Senate Substitute Amendment 1 provides that the timing of the return of the security deposit depends on whether the tenant is evicted before or after the termination date of the lease. If the tenant is evicted before that date, the landlord must return the security deposit within 21 days after the lease terminates or, if the landlord re-rents the premises before that day, the date on which the new tenant’s tenancy begins. If the tenant is evicted after the termination date, the landlord must return the security deposit within 21 days after the date on which the landlord learns that the tenant has vacated the premises or the date the tenant is removed by eviction.

SERVICE OF SUMMONS IN EVICTION ACTION [Section 22]

Under current law, under most circumstances, the summons in an eviction action must be personally served upon the defendant (the tenant), unless this cannot be achieved with “reasonable diligence.” In this case, the summons may be served by leaving a copy of the summons at the defendant’s usual place of abode in the presence of either: (1) a competent member of the family who is at least 14 years old; or (2) a competent adult who resides in the abode of the defendant. The person serving the summons must inform the family member or other person of the contents of the summons. [s. 801.11 (1) (b), Stats.]

Under Senate Bill 179, a court may, by rule, authorize the summons in an eviction to be served by regular mail.

Senate Substitute Amendment 1 provides that use of certified mail shall be required for all eviction cases for which service by mail is authorized by a court.

TIMING OF APPEARANCE AND TRIAL IN EVICTION ACTIONS [Sections 20, 23 and 24]

Under current law, the summons in an eviction action specifies the date that the defendant must appear in court. That appearance date must be set at not less than five days or more than 30 days after the summons is issued. [s. 799.05 (3) (b), Stats.] Also, the court generally sets the matter for a trial or hearing when the tenant makes the initial appearance. Current law does not specify the required timing of the trial or hearing. [s. 799.20 (4) and 799.206 (3), Stats.]

Senate Bill 179 changes the appearance date to not less than five days or more than 14 days after the summons is issued. The bill also specifies that the trial or hearing must be scheduled within 20 days after the date of appearance.

Senate Substitute Amendment 1 changes the appearance date to not less than five days or more than 25 days after the summons is issued. The substitute amendment also specifies that a trial or hearing on the issue of possession of the premises involved in the action must be held and completed within 30 days after the date of appearance, and provides that this provision applies only to residential tenancies.

WHO MAY APPEAR IN SMALL CLAIMS ACTIONS [Section 21]

Under current law, in any small claims action, a person may commence and prosecute or defend an action or proceeding himself or herself, or by an attorney or a full-time authorized employee of the person. [s. 799.06 (2), Stats.]

Senate Bill 179 eliminates the requirement that the employee be a full-time employee and also allows any small claims action by a member of the person, an agent of the member or an authorized employee of the agent. This provision applies to all small claims actions, not only evictions.

Senate Substitute Amendment 1 clarifies that “member”means a member as defined in s. 183.0102 (15), Stats.:

“Member” means a person who has been admitted to membership in a limited liability company as provided in s. 183.0801 and who has not dissociated from the limited liability company.

DISPOSITION OF PROPERTY LEFT ON RENTAL PREMISES AFTER EVICTION [Sections 9, 10 and 29-46]

Under current law, if a tenant leaves property of value on the rental premises after he or she has been evicted, the property must be removed and stored. The evicted tenant is notified of the location of the property and provided with the receipt needed to obtain possession of the property. The evicted tenant is responsible for the costs of storage. In Milwaukee County, the sheriff must remove and store the property. In all other counties, the landlord may choose to be responsible for the removal and storage of the property. If the landlord does not choose to remove and store the property, the sheriff must do so. [s. 799.45 (3), Stats.]

Under Senate Bill 179, if a tenant is evicted and leaves property on the rental premises, the landlord is not required to store the property unless the landlord and tenant have entered into a written agreement which provides otherwise. If the landlord does not intend to store personal property left behind by a tenant, the landlord must provide written notice either when the tenant enters into or renews the rental agreement, or at any other time before the tenant is evicted from the premises. If this notice is provided, the landlord may dispose of the property, other than prescription medicine or medical equipment, in any manner that the landlord determines is appropriate.

Senate Substitute Amendment 1 deletes the bill provision that authorizes a landlord to provide the notice described “at any time before the tenant is evicted,” and provides that any notice that is provided must be provided either when the tenant enters into or renews the rental agreement.

TOWING OF VEHICLES [Sections 5-8]

Under current law, a vehicle that is parked on a private parking lot or facility without the permission of the property owner may not be removed without the permission of the vehicle owner, unless a traffic or police officer issues a citation for illegal parking, or a repossession judgment is issued. If the vehicle is taken by a towing service to any location other than a public highway within one mile from the location in which the vehicle was improperly parked, the municipality or the traffic or police officer must, within 24 hours, provide the towing service with the name and last-known address of the registered owner and all lienholders of record. [s. 349.19 (3m) and (5) (c), Stats.]

Under Senate Bill 179, a vehicle that is parked without authorization on private property that is properly posted may be towed immediately regardless of whether a parking citation is issued. “Properly posted” means there is clearly visible notice that an area is private property and that vehicles that are not authorized to park in this area may be immediately removed. The vehicle may be removed by a towing service at the request of the property owner or property owner’s agent, a traffic officer, or a parking enforcer. A parking enforcer is a person who enforces nonmoving traffic violations and who is employed by a municipality, a county, or the state. Also, the bill requires the Department of Transportation (DOT) to promulgate rules establishing reasonable charges for removal and storage of vehicles under the provisions described above.

Under Senate Substitute Amendment 1, if a property owner has a vehicle towed under the provisions described above, the towing service must notify a local law enforcement agency of the make, model, and license plate of the vehicle and the location to which the vehicle will be towed. The law enforcement agency is required to maintain a record of the notice as well as the identification of the towing service. Also, the substitute amendment prohibits a towing service from removing a vehicle that has been reported to a law enforcement agency as stolen.

In addition, under the substitute amendment, if requested by the municipality in which the vehicle was illegally parked, the towing service must charge the vehicle owner a service fee not to exceed $35. The towing service must then remit the service fee to the municipality according to procedures specified in the statute.

The substitute amendment provides that the rules promulgated by DOT must establish the form, and manner of display, of the notice necessary to qualify as “properly posted” under the provisions described above, as well as guidelines for towing services to notify law enforcement of the removal of a vehicle.

AASEW's Landlord Boot Camp On October 26th To Address New Landlord Tenant Law Soon To Be Passed

Be the first on your block to learn about the new Landlord-Tenant law which is expected to be passed later this month!

The AASEW's popular Landlord Boot Camp will address the ins and outs of the new law (currently referred to as Senate Bill 179) on Saturday, October 26, 2013 from 8:30 am - 5:30 pm at the Clarion Hotel located near the airport. You will not want to miss this seminar.

Besides teching you about the new law, Attorney Tristan Pettit will also address numerous other of topics that will help you navigate Wisconsin's complex landlord - tenant laws. Learn how to run your properties with greater profit while staying out of trouble. Landlording can be pretty complex, with a seemingly never ending myriad of paperwork, rules, landlord-tenant laws and simple mistakes that can cost you thousands.

Some of the other topics that will be covered include:

1) How to properly screen prospective tenants

2) How to draft written screening criteria to assist you in the tenant selection process

3) How to comply with both federal and state Fair Housing laws including how to comply with “reasonable modifications" and “reasonable accommodations" requests

4) How to legally reject an applicant

5) What rental documents you should be using and why

6) When you should be using a 5-day notice versus a 14-day notice, 28-day notice, or 30-day notice and how to properly serve the notice on your tenant

7) Everything you wanted to know (and probably even more than you wanted to know) about the Residential Rental Practices (ATCP 134) and how to avoid having to pay double damages to your

tenant for breaching ATCP 134

8) When you are legally allowed to enter your tenant's apartment

9) How to properly draft an eviction summons and complaint

10) What to do to keep the commissioner or judge from dismissing your eviction lawsuit

11) What you can legally deduct from a security deposit

12) How to properly draft a security deposit transmittal ("21 day") letter

13) How to handle pet damage

14) What to do with a tenant's abandoned property and how this may affect whether or not you file an eviction suit

15) How to pursue your ex-tenant for damages to your rental property and past due rent (and whether it is even worth it to do so)

There will also be time for "Q&A" and Lunch is included!

If that is not enough you will also receive a manual that is over 100 pages that includes all of Tristan's outlines on the various topics and various forms.

Who: Taught by Attorney Tristan Pettit, who drafts the landlord tenant forms for Wisconsin Legal Blank.

When: Saturday, October 26, 2013 from 8:30 AM – 5:30 PM ---- Registration opens at 7:00 AM

Where: Clarion Hotel 5311 S. Howell Avenue, Milwaukee [Map]

Price: AASEW Members only $159 . Non AASEW Members - $249 Sorry, no registrations accepted after 5 PM on October 23rd, 2013

Register: Go to www.LandlordBootCamp2013.com and you can register online and read prior attendees testimonials.

I hope to see everyone there.

T

GUEST POST: The New and Improved Apartment Association of Southeastern Wisconsin

For the past two and a half decades or so, I put a lot into the Apartment Association. I remain a board member and avid supporter of the organization.

We did some good and prevented some bad during my tenure on the board. We've had very impressive leaders before and after my presidency such as Dave Domres , Attorney John Savage and Attorney Tristan Pettit. We've also had some of the brightest minds working behind the scenes to make things happen, such as Jeff Chitko, Bill Lauer and Attorney Heiner Giese. Countless others did a lot for the Association and industry such as Jim Dropp, Joe McLean, Bob Jovanovich, Dave Ohrmundt, Richard Bishop, Kim Queen and many, many more. The list of achievers is truly too long to list here.

This crowded slate of superstars really makes standing out difficult for even the best.

Then along comes our latest president, Joe Dahl and I am in awe. The guy has been AASEW president for 10 months now. In that short time he has accomplished the near impossible.

During the housing downturn Home Depot cut back on Pro reps and dropped their AASEW membership. I tried for a couple of years to get them to return as a sponsoring member. No dice. Not only did Joe get Home Depot to rejoin, but in the process secured a 20% discount on paint and a 2% rebate on everything else for our members. Then he went on to get member discounts* from Sherwin Williams, Wisconsin Legal Blank, Pittsburgh Paint and many more vendors we use everyday. The rebates more than pay for most member's dues. To stay competitive in this industry you will almost have to be a member.

We had a couple of good trade shows when Carmen produced them, but let's be truthful, the last few year's shows were dogs. This year Joe enlisted the help of Shari from Sid Grinker, who along with Bill from ABC Sewer made this an outstanding event for both the industry and the vendors. The place was packed. When you see either of them give them a big thanks.

Joe convinced some outstanding people to join the board such as Jon Krause, formerly of OnMilwaukee.com, Steve Johnson and Aaron Moseer. These guys are young and sharp. (young of course being relative)

Our general membership meeting this year were often at capacity. This was due to good marketing and strong subject matter.

Although not an Association event, Joe personally put on a very successful and impressive fundraiser for Senator Lasee who has been a friend of real estate and housing. Something like 60 influential people from the rental industry attended. I'm sure the Senator was pleased.

This kid -- and I can call him a kid because he is a couple of years younger than my oldest son -- is sharp and willing to do the work. Joe holds an MBA, while at that point in my life all I held was a hammer and a paint brush. ;-) So far the only bad thing I can say about Joe is sometimes he swears enough to make a sailor blush, but he promises me he is working on that.

If you were a member, but no longer are, or if you never were a member, you should check out what the organization is becoming under Joe's leadership. If you are a member you should take advantage of the discounts* and throw your support behind Joe and his team. If you are a larger owner that is not in the Milwaukee area it may make sense for you to join just for the discounts. You can learn more about the AASEW and regsiter online at www.apartmentassoc.org

The 1980's group Timbuk3 must of been thinking of us when they wrote "The future's so bright, I gotta wear shades" Bit of trivia - Timbuk3 was a Madison WI band.

Tim Ballering

Tim@ApartmentsMilwaukee.com

* November 18th general meeting, which is the board election, the Association will be presenting a guide to all of the discounts and how to use them to your best advantage. I believe this is a member only event, but will verify and post more later.

Don't Miss The Landlording Event of The Year - AASEW Trade Show on Friday, September 27th

Hello Everyone --- The event of the year -- the AASEW's Conference & Trade Show -- will be held in a little more than 1 week.

You will not want to miss this great event at its new location at Potawatomi Bingo Casino.

When: Friday, September 27, 2103 from 11 am - 4:30 pm (Doors open at 10 am)

Where: Potawatomi Bingo Casino, 1721 West Canal Street, Milwaukee, WI 53233

How Much? Free to all Landlords with pre-registration at www.apartmentassoc.org otherwise the cost will be $10 at the door.

Doors open at 10 to allow you time to meet with and learn about all of the great products and services of our vendors.

Complimentary food will be available throughout the day.

The first even will start at 11 am when we will be presenting an very special award to Wisconsin Senator Frank Lasee for all of his work and support in getting last year's Act 143 (Landlord Omnibus Law) passes and advancing Senate Bill 179 which will (hopefully) soon be law later this fall.

The award presentation will be followed by various seminars throughout the day. I will be presenting a seminar at 3:30 pm on "Legal Issues Pertaining to Bed Bugs and How Landlords Can Protect Themselves." The other seminars that will be offered are listed below.

• 11:15 - Social Media: Are you doing it right?
• 11:15 - Bed bugs in a multi-family environment
• 12:30 - I'm on Linked In, Now What?
• 12:30 - Making the Grade: Financing Your Investment Property
• 1:30 - Mold - Be Prepared, Not Afraid
• 1:30 - Working with Milwaukee's Dept of Neighborhood Services
• 2:30 - Rental Collectsion into the 21st Century
• 2:30 - Multi Family Energy Savings Program
• 3:30 - Milwaukee County Evictions
• 3:30 - Legal Issues Pertaining to Bed Bugs and How Landlords Can Protect Themselves

Following the seminars we will be having several raffle prizes including giving away an iPad -- you must be present to win.

GUEST POST: Is the Apartment Association of Southeastern Wisconsin Against the City of Milwaukee?

Is the Apartment Association against the City of Milwaukee?

After a recent meeting I received an email from an irate member who was offended by some of my commentary regarding the city of Milwaukee, it seemed the association had an anti-Milwaukee tone to its messages. Having committed much of my career to making Milwaukee, especially its central core, a better place to live I was initially surprised by the feedback, nonetheless it is a legitimate question and one deserving of a response.

First let me remind everyone that the association is an all-volunteer organization and we welcome the participation of all landlords (in fact we will be holding officer elections soon so please email me if you are interested). I would encourage anyone unhappy with something we are doing or saying to speak up and be heard. Write an article in the Owner, email me, or better yet join a committee or board of directors. We are an organization of almost 1000 members and the diversity of our perspectives and experiences is a strength we should draw from. That being said I will address this issue head on after first making the obligatory disclaimer that the thoughts expressed below are solely mine and in no way constitute an official position of the AASEW.

I am not against the City of Milwaukee, however I have significant concerns with its view towards residential property owners/investors. Having lived in the city my entire life I have witnessed first-hand the deterioration of many of our communities and the City’s inept response to address this crisis. A common refrain cited for this decline is absentee landlords who allow their properties to fall into disrepair and if only we could force them to be accountable our problems would be solved. While there is some truth to this it would be tantamount to saying our City’s larger decline is due solely to shifting macro-economic trends that decimated American manufacturing. While it is certainly part of the issue, a narrow focus on either cause over simplifies the problem at hand and leaves one ill equipped to develop effective solutions to address the problem.

Are absentee landlords who neglect their properties an issue in many communities? Absolutely but maintaining your property and being responsible to your neighbors should be a standard imposed on every property owner including owner occupied buildings. Focusing exclusively on landlords obfuscates the true nature of the problem and does nothing to solve it. This is a fundamental flaw in the thinking at city hall and has done as much to harm property values in the city as the financial crisis.

In my early 20’s I bought a house in Lindsay Heights that I did a first rate renovation on and was proud to call home. After years of battling with neighbors from hell, who were owner occupants, and receiving no succor from DNS, my alderman, or anyone else at city hall I rented out the property and moved to the suburbs. Ironically had this very property been subjected to the same standards of compliance as non-owner occupied properties in Lindsay Heights, I would probably still be living in the city of Milwaukee.

Further evidence of the City’s “tolerance” for landlords is their response to their growing portfolio of tax foreclosed properties. City hall has proposed a variety of creative solutions to deal with this problem including allowing tenants to use their Section 8 check to pay the mortgage the city would carry. Ironically very few of their solutions involve investors and established landlords within the city. Ponder this, our association alone as the wherewithal to buy every last city owned property and turn them back into productive assets, yet the city has not reached out to us once to have a serious conversation about how to make that happen.

It is clear to me as an investor that the city does not view our industry as a strategic partner in which to work hand and hand to deliver low cost, high quality housing to its residents. It is a position that has led to disastrous results in many of our neighborhoods; one can only hope they understand the definition of insanity: doing the same thing repeatedly yet expecting a different result.

In conclusion Joe Dahl loves the city of Milwaukee and will stand next to any person and compare my investment and efforts to make it a better place. However I am very troubled by our leadership and its “tolerance” of landlords. It is my desire to see Milwaukee thrive, yet I am not naïve enough to ignore what happened to our counterpart in Michigan. It is my sincere hope the city recognizes it needs all hands on deck to achieve the former and avoid the latter……and yes city hall that includes landlords!

Joe Dahl

President AASEW