Tristan’s Landlord-Tenant Law Blog
Attorney General States That A Tenant Can Be Required To Pay For Carpet Cleaning Upon Vacating
It is not often that I get to report good news for landlords, so when the opportunity arises I am especially happy to do so. Today is one of those times. Earlier today the Wisconsin Attorney General issued a formal legal opinion that states that it is legal for a residential landlord in Wisconsin to require an outgoing tenant to pay to have the carpet in the unit professionally cleaned ...
Joint Legislative Council Gives Clarification To Wisconsin's New Landlord's Omnibus Law
You will recall from my earlier post that I had some concerns about the new Landlord's Omnibus Law (Act 134). One of my main concerns was that it was unclear from the wording of Act 143 whether or not a violation of chapter 704 would give rise to a claim by a tenant that would entitle the tenant to double damages and attorney's fees if successful.The portion of ...
2011 Wisconsin Act 143 (Landlord Omnibus Law) Also Applies To Commercial Landlord-Tenant Law
While this blog primarily focuses on residential landlord-tenant law, on occasion I also touch on issues applicable to commercial landlord-tenant law. This is one such instance.Commercial landlord-tenant is more straightforward than residential in my opinion because commercial tenancies are less regulated than residential. Typically what a commercial landlord and tenant agreed to and placed into their lease agreement is what governs. The Wisconsin Administrative Code's ATCP 134 does not ...
Landlord's Omnibus Bill Signed Into Law - Read It Now
Governor Walker did sign the Landlord's Omnibus Bill into law.I appreciate the effort of everyone that called the Governor's office asking him to veto the bill due to its deficiencies.Here is a link to the new law. Much easier to read than having to go back and forth between the orginal bill, the Substitute bill and the two amendments.The two main concerns that I have with the law and which caused ...
Landlord's Omnibus Bill -- with Amendments -- To Be Signed Into Law Today
One of the biggest pieces of pro-Landlord legislation in quite some time was passed by the Wisconsin Senate and adopted by the Assembly recently and will be signed into law by Governor Walker today. Unfortunately some of the pro-Landlord provisions were amended, diluted, or removed.I am certainly not denouncing this new law. Many aspects of it will be very helpful to landlords. I just wish that more time had been allowed -- ...
New Bills Would Limit Tenant's Attorney's Fees When Suing Landlords
There are two new proposed laws that if passed would limit the amount of attorney’s fees that could be awarded to a tenant that has sued his/her landlord for violation of ATCP 134 to 3 times the amount of compensatory damages in Wisconsin. The proposed legislation (Special Session Assembly Bill 12 & Special Session Senate Bill 12) was introduced by the committee on Senate Organization and the ...
The Consequences of A Landlord Violating Wisconsin's Residential Rental Practices (ATCP 134)
The Residential Landlord Tenant relationship is controlled by two main areas of law: (1) Chapter 704 of the Wisconsin Statutes, and (2) the Wisconsin Administrative Code, Chapter ATCP 134 entitled "Residential Rental Practices."ATCP 134 sets forth 21 regulations that a landlord must follow in a residential landlord tenant context. ATCP 134, under its orginal name "Agriculture 134," was first introduced in ...
Landlords Should Periodically Inspect Their Rental Property . . . or Risk $98,465 In Damage
Last night I read an article about a Virginia landlord that had $98,465 in damage to one of his rental units. Apparently his tenant was a compulsive hoarder and every room in the home was full from floor to ceiling with trash, soiled clothing, old newspaper, rotten food, and other deberis and excrement. It cost the landlord over $98,000 to get the unit back into rentable condition. The landlord's ...
Self-Help Evictions (or Why You Should Not Remove The Roof In An Attempt To Evict Your Tenant)
I apologize for the delay in drafting a new post but this has been a crazy week with two trials in the early part of the week and another one tomorrow (all tenants fighting evictions and none of these trials have been or will be easy). But enough with the excuses . . .I saw a recent article about a landlord in Lusaka, Zambia (Africa) that actually attempted ...
BLOG COMMENT: What If Tenant Does Not Give You Proper Notice To Vacate? . . . and Other Questions.
I recently received a very good question through my blog but because it was posted under my "About The Author" section I don't think enough people would see it so I decided to reprint it as a post.THE QUESTION:Good Morning,I will start by saying thank you for this forum, I find it very helpful and one of a kind. I know you must be very busy but I was ...
SECURITY DEPOSIT TRANSMITTAL LETTERS: How To Draft A Legal 21-Day Letter
Security deposit withholding issues are the second most litigated area in landlord tenant law after evictions. If a landlord makes improper deduction from a tenant’s security deposit, pursuant to ATCP 134 and §100.20, Wis. Stats., the tenant may sue the landlord for double damages and attorney’s fees. There are numerous published Court of Appeals decisions in Wisconsin dealing with this exact issue. I would like to offer a ...
What May A Wisconsin Landlord Legally Deduct From A Tenant’s Security Deposit?
I have received many calls from both landlords and managers over the years asking me if they are legally allowed to deduct X, Y, or Z from a tenant’s security deposit. I fielded such a question just last week – sounds like a good topic for a blog post.Wisconsin Administrative Code, ATCP 134.06(3) states that a landlord may deduct from a tenant’s security deposit for the following:1. Damage, waste, ...
Landlords Should Not Play Games With Tenants' Security Deposits
A new landlord-tenant decision has been reccomended for publication. The case of Boelter v. Tschantz involves a tenant suing her past landlord for double damages and attorney’s fees for making improper deductions from her security deposit. The essential facts are as follows:1. Tschantz (the landlord) withheld money from the tenant's security deposit.2. The key deductions that were made were: (1) $323.84 for the tenant's water bill and (2) $85 to repair ...
Article and Video Regarding Recent Seminar On Advising and Defending Property Owners in Nuisance Actions
On May 7, 2009 I spoke at the State Bar of Wisconsin Annual Convention. I was asked to speak at the Government Lawyer Division's seminar that focused on the topic of neighborhoods and nuisance properties. Specifically I was asked to speak on advising and defending property owners that have nuisance properties.The State Bar recently published a nice article summarizing my seminar presentation which was published through its online Inside Track newsletter. ...
ATCP 134: THE 7 DEADLY SINS - 7 PROHIBITED RENTAL PROVISIONS
04/16/15 - UPDATE - This blog post has been updated by a new blog post dated 04/16/15 and entitled THE 10 DEADLY SINS: 10 PROVISIONS THAT LANDLORDS ANNOT INCLUD IN THEIR WISCONSIN RESIDENTIAL RENTAL AGREEMENTDid you know that if you have an illegal provision in your rental agreement that the entire agreement may be unenforceable? Unfortunately this is true. In the case of Baierl v. McTaggart the Wisconsin ...
LATE FEES - PART 1: WHAT AMOUNT CAN YOU CHARGE?
Many of my clients ask me what amount they should charge a tenant who is late in paying rent. Many also wonder if there is a maximum amount beyond which they would not be allowed to charge as a late fee.The only legal guidance we have as to what amount is acceptable as a late fee is the case of Three & One Co. v. Geilfuss, 178 Wis.2d 400, 504 N.W. ...
LATE FEES - PART 2: ATCP 134 REQUIREMENTS
Late fees are a necessary evil for landlords aw we often need some type of "hammer" to hold over the heads of tenants who pay rent late. With this post I want to provide you with some additional information on the requirements that must be met with regard to late fees as specified in ATCP 134 of the Wisconsin Administrative Code.A Bit of History:In the past - prior to ATCP ...
ATCP 134 RULES ON CREDIT CHECK/REPORT FEES
ATCP 134 contains specific rules regarding when and how a landlord can charge a rental applicant for the cost of their credit report. As background, ATCP 134 is the chapter of the Administrative Code of Wisconsin that sets forth 21 requirements that Landlords must follow or else risk getting sued for double damages and attorney's fees by the applicant or tenant.The applicable portion of the rules regarding credit checks is ...
ATCP 134 - RESIDENTIAL RENTAL PRACTICES
If you are a landlord are you familiar with ATCP 134? If not, you definitely need to be. ATCP 134 is a chapter of the Wisconsin Administrative Code that applies to residential rental practices. While these rules were updated in 1998 many well-intentioned landlords are still unfamiliar with their provisions and the rather extreme consequences that may result if you fail to abide by them.The most overlooked - and ...