Tristan’s Landlord-Tenant Law Blog

Late Fees, COVID-19 Atty. Tristan R. Pettit Late Fees, COVID-19 Atty. Tristan R. Pettit

DATCP's Temporary Emergency Rule Prohibiting the Charging of Late Fees Is In Effect

UPDATED on July 9, 2020On, April 25, 2020, with little publicity, the Department of Agriculture, Trade and Consumer Protection (DATCP) published a temporary emergency rule (20-R-02) modifying Wis. Admin Code ch ATCP 134 (“Residential Rental Practices”) creating a temporary prohibition on the charging of late fees or late rent penalties for any missed rent payments during the COVID-19 health emergency and during the 90 days following the health ...

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Tenant Damage, Credit Checks, AASEW, Lead-Based Paint, Fair Housing / Discrim..., Protected Classes, Evictions, Late Fees, Notices, Collections, Emergency Assistance, City of Milwaukee, Screening Tenants, Rental Agreements, Rental Documents, Seminars, Pets, Security Deposit, Milwaukee County, Property Management, Mitigation of Damages ..., Untenantability, Execution of Writ, State of Wisconsin, Self-Help Evictions, Right of Entry, Reasonable Modifications, Reasonable Accommodations, Rejecting Rental Appli..., Walkthroughs, De Novo Hearings, Earnest Money, Landlord Liability, Small Claims Court, Holdover Damages, Roommates, Smoke Detectors Atty. Tristan R. Pettit Tenant Damage, Credit Checks, AASEW, Lead-Based Paint, Fair Housing / Discrim..., Protected Classes, Evictions, Late Fees, Notices, Collections, Emergency Assistance, City of Milwaukee, Screening Tenants, Rental Agreements, Rental Documents, Seminars, Pets, Security Deposit, Milwaukee County, Property Management, Mitigation of Damages ..., Untenantability, Execution of Writ, State of Wisconsin, Self-Help Evictions, Right of Entry, Reasonable Modifications, Reasonable Accommodations, Rejecting Rental Appli..., Walkthroughs, De Novo Hearings, Earnest Money, Landlord Liability, Small Claims Court, Holdover Damages, Roommates, Smoke Detectors Atty. Tristan R. Pettit

You Will Not Want To Miss AASEW's Fourth Annual Landlord Boot Camp on Saturday Feb. 25th

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 of dollars.The Apartment Association of Southeastern Wisconsin's Fourth Annual “Landlord Boot Camp” can help you navigate these treacherous waters and teach you how to run your properties with greater profit and less hassles.I have given similar landlord-tenant law seminars to fellow attorneys, landlords, and property manager ...

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Evictions, Late Fees, Notices, Milwaukee County Atty. Tristan R. Pettit Evictions, Late Fees, Notices, Milwaukee County Atty. Tristan R. Pettit

SMALL CLAIMS BENCH/BAR MEETING: Milwaukee County Gives Clarification Regarding Including Late Fees In 5 Day Notices and Other Issues

The Milwaukee County Small Claims court has reinstituted its monthly Bench/Bar meetings. These meetings allow the Milwaukee County Small Claims Court, including Judge Jane Carroll (presiding small claims judge) and the court commissioners, to come together with attorneys that appear regularly in small claims court, to discuss issues and concerns.The most recent small claims bench/bar meeting was held on Monday, December 6, 2010. I was able to attend the meeting ...

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Caselaw, ATCP 134, Late Fees Atty. Tristan R. Pettit Caselaw, ATCP 134, Late Fees Atty. Tristan R. Pettit

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. ...

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ATCP 134, Late Fees Atty. Tristan R. Pettit ATCP 134, Late Fees Atty. Tristan R. Pettit

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 ...

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Late Fees, Notices Atty. Tristan R. Pettit Late Fees, Notices Atty. Tristan R. Pettit

5-DAY NOTICES AND LATE FEES IN MILWAUKEE COUNTY

Around March 1, 2009 or so, Milwaukee County court commissioners began dismissing eviction lawsuits that were based on 5 day notices that included any amounts other than "rent."The statute regarding 5 day notices, §704.17, Wis. Stats., states that if a tenant "fails to pay any installment of rent when due" the landlord may issue them a 5 day notice to pay rent or vacate the unit.In the ...

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