Tristan’s Landlord-Tenant Law Blog
GUEST POST: Is Your LLC Protecting Your Personal Assets?
Hello Everyone - Atty. David Espin has recently joined PETRIE + PETTIT. Dave focuses his practice on business law, with an emphasis on business formation, corporate transactions, business bankruptcy, and commercial workouts. Dave advises businesses of all sizes on the legal and practical issues that they face every day.Below is a guest post that he has written which is applicable to landlords, many of which hold their rental properties ...
GUEST POST: Views on "Landlords Games" Series and the City of Milwaukee's Task Force on LLC's
This is a Guest Blog Post authored by Tim BalleringRecently the Milwaukee Journal ran a series “Landlord Games" that inaccurately portrayed LLCs as being used simply to avoiding paying property taxes and fines. The result is the Milwaukee Common Council is creating a committee to study LLCs and rental housing. Text of proposal. The rental industry is again, noticeably absent from those invited to the table.View ...
Act 76 - Wisconsin's New Landlord-Tenant Law - Part 4: Who May File An Eviction and Who May Appear In Court
Act 76 which will become effective on March 1, 2014 has changed Wisconsin law with regard to who may file an eviction action and who can appear in court to prosecute an eviction.Current law only allows the person or entity "entitled to the possession of the property" to file an eviction action. Typically this would be the owner of the rental property. As such, a management company or ...
A Legal Explanation To Landlords About Who Can Appear In Eviction Court on Behalf of a LLC and Why
In the last few months I have been asked by many landlords why Milwaukee County will not allow members of an LLC to represent the LLC in eviction court. I would like to address this issue with the hope that I can shed some light on this subject.First, let’s deal with the elephant in the room which happens to be wearing a suit and carrying a briefcase (and writing this blog ...
LLC's - PART 2: How To Insure They Protect You From Personal Liability
In my October 28, 2009 post entitled LLC's - Part 1: Why You Should Consider Using Them To Hold Your Rental Property, I indicated that in the near future I would write a second post on LLC's and include a link to the outline that I drafted and presented to the AASEW membership at the October monthly meeting. My portion of the presentation on LLC's focused on ...
LLC's - PART 1: Why You Should Consider Using Them To Hold Your Rental Property
The AASEW's October monthly membership meeting focused on the issue of LLC's and why you should consider using this business entity to hold your rental properties. Attorney Lydia Chartre of Petrie and Stocking S.C. spoke to the membership about several issues related to LLC's including: - Why create an LLC? - Steps to create an LLC
FREE SEMINAR ON LLC'S - WHY YOU NEED THEM AND HOW TO INSURE THEY PROTECT YOU FROM PERSONAL LIABILITY
Lydia Chartre and I will be presenting a free seminar at the AASEW's October monthly meeting on October 19, 2009 at 7 pm. The meeting will be held at the Best Western Midway Hotel which is located at 1005 S. Moorland Road in Brookfield.Lydia and I will be speaking on LLC's and why you should consider using this form of business entity to hold your rental property and ...
MILWAUKEE CO. SMALL CLAIMS COURT'S NEW POLICY REGARDING WHO MAY APPEAR IN COURT ON BEHALF OF A LLC WENT INTO EFFECT SEPTEMBER 1st.
I was attending the regular monthly meeting of Milwauke RING (Real Estate Investors Networking Group) last night and during the "open mic" portion of the meeting I reminded everyone that Milwaukee County Small Claims Court's new policy regarding who may appear in court (i.e. sign court documents and appear in court) went into effect yesterday, September 1, 2009. As I was walking back to my seat two people asked me ...
Update On Who May Represent A LLC in Eviction Court: New Rules To Start September 1st
Those of you that have been following my blog are aware that Milwaukee County Small Claims Court has indicated that it will not allow non-attorneys to represent LLC's in court in the near future.My earlier posts on this topic can be read here and here.A fellow board member from the AASEW informed me today that one of the owner's of a property he manages was handed the notice that ...
Milwaukee County to Post Notice on Who Can File and Appear in Court on Eviction Actions
A friend of mine who is an employee at the courthouse and does much work in small claims court, and more specifically eviction court, forwarded to my attention earlier today a copy of a notice that will soon be posted in Room 400 (Eviction Court) and Room 104 (Clerk of Courts) of the Milwaukee County Courthouse.The notice addresses the issues of who may sign an eviction summons and complaint and ...
MILWAUKEE CO. TO REQUIRE LLCs TO BE REPRESENTED BY AN ATTORNEY
It has recently come to my attention that Milwaukee County small claims court will in the very near future prohibit any individual other than a lawyer to represent a LLC's in court. This would mean that a landlord that owns his rental property in an LLC would no longer be able to appear in court to pursue his/her eviction case against a tenant. This is a change from how things ...
LLCs MUST FILE ANNUAL REPORT WITH DFI
Effective January 1, 2004, all domestic Limited Liability Companies are required to file an Annual Report with the Department of Financial Institutions (DFI).The report is due during the anniversary quarter of the LLC's effective date of organization on record with DFI. The report will be sent to the registered agent of each LLC to the registered office of record. The Annual Report is fairly simple to complete and there is ...