Tristan’s Landlord-Tenant Law Blog
The 10 Deadly Sins: 10 Provisions That Landlords Cannot Include in Their Wisconsin Residential Rental Agreements
With the passage of Act 143 (2012) and Act 76 (2014) the legislature has created several new provisions that a Residential Landlord cannot include in his Rental Agreement. There are currently 10 items, which I affectionately refer to as the "10 Deadly Sins" that if they are included in your Wisconsin residential rental agreement will render the agreement void and unenforceable.In my representation of landlords over the past 20 ...
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, ...
ACT 76 - Wisconsin's New Landlord-Tenant Law - Part 1: Background and Overview
Senate Bill 179, which is commonly referred to as the "Landlord-Tenant Law Bill," is on its way to becoming law in the near future. For many of us it has been a long wait.After initially being introduced in the Wisconsin Senante on May 8, 2013, the Senante concurred to some changes made to SB 179 by the Assembly on October 16, 2013. It is expected that Governor Walker will sign ...
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 ...
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 ...
East Side Landlord "Think Small" Seminar Event on March 13th
Make plans to attend the fourth East Side Landlord Think Small event hosted by UWM! This event is free and open to all interested landlords, with a special focus on Milwaukee's East Side.This spring's event promises to be very engaging with featured presenter Attorney Tristan Pettit, who focuses his practice on representing landlords and management companies in landlord-tenant law matters.Topics will include screening potential tenants and recent updates to landlord-tenant laws ...
Accepting Past Due Rent After Termination of Tenancy: The New Law and Traps To Avoid
The Landlord's Omnibus Law (Act 143) introduced a new statutory section to Chapter 799 regarding situations when a landlord accepts past due rent from a tenant after the tenant's tenancy has been terminated. Newly created sec. 799.40(1m) states as follows:If a landlord commences an action under this section against a tenant whose tenancy has been terminated for failure to pay rent, the action under this section may NOT be dismissed solely because ...
Learn About Wisconsin's New Landlord-Tenant Law At AASEW's Next Meeting on June 18th.
You will not want to miss the Apartment Association of Southeastern Wisconsin's next membership meeting on June 18, 2012. The focus of the meeting will be on Wisconsin's new Landlord Omnibus law (Act 143).The passage of this new law in late March made a lot of changes to landlord tenant law in Wisconsin - both residential and commercial. Landlords and management companies will need to make modifications to ...
So Are Illegal Provisions In Wisconsin Residential Rental Agreements Severable Or Not?
SHORT ANSWER: Yes . . . and No.LONG ANSWER: The newly passed law referred to as the Landlord's Omnibus Law (Act 143) adresses this issue but provides contradictory answers.In newly created sec. 704.02 of the Wisconsin Statutes, the law states quite clearly that the provisions of a rental agreement or lease are severable. Specifically, it states that if any ...
What Can A Landlord Do With A Tenant's Abandoned Personal Property Under Wisconsin's New Law?
With the signing into law of 2011 Wisconsin Act 143, a landlord's obligations with regard to a tenant's abandoned property has just gotten much easier.Prior to Act 143 a landlord had three options with respect to a tenant's abandoned property. The landlord could:1. Store the tenant's abandoned property on or off the premises and take a lien on the property for the actual and reasonable cost of removal and ...
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 ...
New Landlord Omnibus Law: Odds and Ends
There has been a lot of discussion about the new Landlord Tenant law in Wisconisn (2011 Wisconsin Act 143) since it became law on March 31, 2012. Some people's views seem similar to mine while others have interpreted the law completely differently than I do. Here is a link to one law firm's summary that in my opinion is completely off base, but then again they are Minnesota lawyers ...
Newly revised Landlord-Tenant Law Forms Available at Wisconsin Legal Blank on April 2 and April 3, 2012.
Wisconsin's Landlord Omnibus Law (Act 143) went into effect today - April 1, 2012. As a result of the new law it was necessary for me to update many of the landlord-tenant law forms that are sold at Wisconisn Legal Blank. As of Monday, April 2, 2012, the following revised forms will be available:1. Residential Rental Agreement (Form #19)- Added language required in order for landlord to be able ...
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 ...
Upon Further Reflection, I Think The Governor Should Veto The Landlord's Omnibus Bill
I spent several hours yesterday reviewing and thinking about the new Landlord's Omnibus Bill that is to be signed into law today by Governor Walker at 4 pm.I then spent hours of time trying to summarize the new law in yesterday's blog post in an easy to read and understand format.Since publishing the blog post yesterday I have a few more thoughts and concerns:1. AASEW Board member and friend Tim Ballering ...
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 Landlords' Omnibus Bill Being Debated In Madison
On February 13, 2012 2011 Senate Bill 466 (more commonly referred to as the Landlords' Omnibus Bill) was introduced by Senator Lasee and referred to the Committee on Insurance and Housing. A companion bill was also introduced in the Assembly - 2011 AB 561. A public hearing on the above bills was held on February 15, 2012.The Landlords' Omnibus Bill addresses numerous issues affecting landlord-tenant relations in ...