Tristan’s Landlord-Tenant Law Blog
Back To Basics - Notices Terminating Tenancy
By Atty. Gary D. KochA previous post discussed methods of service of notices terminating tenancy, leaving a discussion on the various notices that can be utilized for a later post. Welcome to that post!When a landlord is in a situation where a tenancy needs to be terminated, the landlord must provide the tenant with a notice terminating the tenancy. This termination can be for a variety of reasons, or ...
Back to Basics – Service of the Notice Terminating Tenancy
Drafted by Attorney Gary D. Koch of Petrie + Pettit S.C.Unfortunately, landlords sometimes find themselves in the situation where they have to terminate the tenancy of a residential tenant. There are a variety of notices that can be used to do so, and that is a topic for another day. This post is on how to serve a notice terminating tenancy.Wisconsin Statue §704.21 delineates the methods by which a landlord ...
New & Revised Landlord-Tenant Forms Available at Wisconsin Legal Blank
As a result of 2015 Act 176 becoming law earlier this month it became necessary to draft and/or revise some of the landlord-tenant forms sold at Wisconsin Legal Blank Co., Inc.As of March 24th the following revised or new forms will be available at WLB:5 Day Notice To Vacate for Criminal Activity or Drug-Related Criminal ActivityThis new notice may be served on a tenant, under any tenancy, if ...
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 ...
Top 10 Pitfalls That Landlords Should Avoid
Those of you that missed the last AASEW membership meeting on Monday, April 15, 2013, missed a great meeting and a great presentation. The featured presenter was John "Dr. Rent" Fischer, a Wausau-area landlord and rental property manager, who spoke to a packed house that Monday. John's presentation was dynamic, educational and at times pretty darn funny.With John's permission, I am providing you with a link to ...
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 ...
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 ...
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 ...
Q&A: What A Landlord Should Do If Tenant Gives An Improper 28 Day Notice
Every now and then I like to highlight a question or comment that I receive on this blog that I think is especially educational. I recently received a great question from Peter which I have decided to reproduce as a blog post so that more people can view it and become better educated on the topic.This specific question has to do with a month to month tenancy in which the ...
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 ...
Don't Miss the 2nd Annual East Side Landlord Think Small Conference on Wednesday November 9, 2011
I will be the featured speaker at the upcoming East Side Landlord Think Small Conference on Wednesday, November 9, 2011 from 3 pm - 6:30 pm at UW-Milwaukee, Chapman Hall located at 2310 E. Hartford Avenue, in the Regent's Room on the 2nd floor.This conference is FREE to any and all interested landlords, with a special focus on Milwaukee's East Side landlords.This conference is composed of 3 componants:1. Featured Speaker - I ...
Crime-Free Lease Bill On The Horizon
On September 12, 2011, on behalf of the AASEW, I traveled to Madison to meet with the Wisconsin Rental Housing Coalition, several legislators’ aides, and an attorney from the Legislative Reference Bureau to assist in the review of and drafting of a new piece of legislation that will greatly affect residential landlords.Not yet a bill, this proposed legislation is referred to as LRB-2098/1 or informally as the “Crime-Free Lease bill.” Initiated ...
FREE Landlord-Tenant Law Seminar - September 24th, 2011
I wanted to let you know about a FREE landlord-tenant law seminar that I will be presenting for the City of Milwaukee on Saturday, September 24, 2011.The seminar will start at 9am and run through 11:30 am or so. It will be held at the Anderson Building which is located at 4001 S. 6th Street – 3rd floor in Milwaukee.I will be covering three main topics:Causes for Eviction (including the ...
5 Day Notice Terminating Tenancy for Drug or Gang Nuisance In Wisconsin
I thought I would try something new with this blog post. I've imbedded a video clip from a seminar that I have given in the past. Let me know what you think.This clip focuses on a very specific -- and often misunderstood -- type of 5 day notice in Wisconsin called a 5 Day Notice for gang and/or drug ...
Notices Available To Landlords In Residential Tenancies
There are several types of notices that a landlord can serve on a tenant when a landlord wishes to terminate the tenancy or when a tenant commits a breach of their residential rental agreement. Most of these notices can be used in both periodic tenancies -- like a month to month -- and a lease for term -- like a 12 month lease -- but under different situations. But there ...
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 ...
With A Month To Month Rental Agreement A Landlord Has More Options Than Just The 5 Day Notice
One reason many landlords choose to enter into a month to month tenancy (m2m) with a tenant rather than a 1 year lease (or other term lease) is because it is easier to remove a tenant under a m2m tenancy.In a m2m tenancy a landlord has the choice of serving a tenant with a 5 Day Notice for failure to pay rent, a 14 Day Notice for failure to pay rent or for ...
Finally, Some Legislation That Actually Assists Landlords - Senate Bill 607
Senators Plale, Hansen, and Lasee introduced Senante Bill (SB) 607 yesterday. What a breath of fresh air it is to read this bill. Rather then making landlords jump through more and more hoops to protect our tenants and rental property, this bill actually assists us in doing our jobs. I am so used to blogging about proposed legislation that hurts (or at the very least hinders) landlords that this ...
Newly Revised 5-Day Notice To Pay Rent or Vacate Now Available at Wisconsin Legal Blank
As many of you know I am the author of the set of Landlord-Tenant forms that are sold at Wisconsin Legal Blank Co., Inc. I am currently in the process of reviewing and updating all of the L-T forms as well as creating a few new ones. At this time however, I wanted to alert you that the revised 5-Day Notice to Pay Rent or Vacate is now available for sale at ...
How To Legally Serve A 5-Day Notice To Pay Rent or Vacate
There are basically 4 ways in which you can legally serve a tenant with a 5-Day Notice To Pay Rent or Vacate. First, you can personally serve the tenant with the notice. Second, you can serve them by what I refer to as a "substituted" service. Third, you can "post and mail" the notice to the tenant. Fourth, you can serve the tenant via certified or registered mail.Landlords in Wisconsin are legally allowed ...