AASEW MEETING: Eviction Court Essentials -- Monday, August 19, 2013

The AASEW's next meeting will be this coming Monday, August 19, 2013 at 7 pm at the Best Western in Brookkfield.

The Apartment Association of Southeastern WI welcomes Milwaukee County Circuit Court Commissioner Cedric Cornwall as our main speaker at our August meeting. With all of the recent law changes in the landlord-tenant law arena, Commissioner Cornwall will speak to the group on the preferred procedures to follow in eviction court along with some of the common mistakes that he and his colleagues observe landlords making in court. As always, there will be time for questions for the Commissioner as well.

This is a must attend event for every owner of rental property in Milwaukee County and beyond. All always this event is free to members and 25 dollars for guests.

When: Monday, August 19th, 2013 at 7:00 p.m.

Where: The Best Western, 1005 S. Moorland Road, Brookfield 53005

Who: Eviction Court Commissioner Cedric S. Cornwall

Cost: Free for current AASEW members, $25 for guests and expired members.

About our speaker:

Cedric S. Cornwall has lived in Milwaukee County for 30 years and practiced law here for 27 years. A graduate of Marquette University Law School, he currently serves as a Milwaukee County Judicial Court Commissioner, where he presides over hearings in Children's Court, Small Claims Court, Intake Court, Preliminary Hearing Court, and Traffic Court. Assigned to the Vel R. Phillips Juvenile Justice Center, he also conducts settlement conferences, delinquency hearings, and permanency plan review hearings.

Commissioner Cornwall previously served as a Manager for the City of Milwaukee Equal Rights Commission and in the Trial Division of the Office of the Wisconsin State Public Defender, and was a partner in the Law Offices of Cornwall, Rhiel, and Yahahiro and in the small private firm he founded in 1999, where he gained extensive trial experience in criminal, juvenile, traffic, and supervision revocation cases. Commissioner Cornwall lives in Wauwatosa with his wife, Andrea, and their two daughters.

AASEW Meeting: Learn the Ins & Outs of Low Income Tax Credit Financing on July 15th.

You look at conversions such as the knitting factory being turned into loft apartments on the near Southside and you wonder ‘How could they afford to do this, in this market?’

The answer is Low Income Tax Credit Financing. A brief overview is you design a project, go to the state (WHEDA) and apply for tax credits. If all goes well and you are approved, you receive federal income tax credits. There is a formula based on the amount you spend, the number of units that are reserved for occupants below the county median income and a bunch of other factors.

These credits will be far in excess of what a normal investor/developer can personally use. So they “syndicate” the tax credits to an investment group. The investors get income tax saving in exchange for the money you need to put the project together.

It is a very competitive application process. It is a very intense process. It is a fairly expensive process. If you are looking for an easy dollar, you are looking the wrong way. I speak from the experience of having tried and failed at obtaining tax credit financing to create accessible infill housing on the near north and near south sides of Milwaukee a bit over a decade ago.

But if you can break into this market you can do well, while doing good.

So it was a decade ago and I haven’t tried since, so why bring it up today? The July Apartment Association meeting features Keith Broadnax of Great Lakes Capital Fund, one of the tax credit financing investment groups. Years later I still find this was an intriguing opportunity.

- Tim Ballering, AASEW Board member & Owner of Affordable Rentals

You do not want to miss this meeting!

When: Monday, July 15, 2013 at 7:00 p.m.

Where: The Best Western, 1005 S. Moorland Road, Brookfield 53005

Who: Keith Broadnax of the Cap Fund

Cost: Free for current AASEW members, $25 for guests and expired members.

AASEW Meeting: Is Property Management An Art or A Science? - June 17, 2013 at 7 pm.

Join the Apartment Association of Southeastern Wisconsin on June 17th as we have masters of the craft present on Best Practices in Property Management along with the legal ramifications of failing to follow the rules. SE Wisconsin is clearly a pro tenant district so educate yourself to the possible landmines that await you along with what some are doing to avoid them. It will be an educational night with many real world anecdotes -- that I am sure you will be able to relate to -- and practical real world advice you can apply to your business to protect your assets and increase your profits!

When: Monday, June 17, 2013 at 7:00 p.m.

Where: The Best Western, 1005 S. Moorland Road, Brookfield 53005

Who: Attorney Tristan Pettit and Professional Property Manager Stacy Hegg

Cost: Free for current AASEW members, $25 for guests and expired members.

About our speakers

Attorney Tristan Pettit, drafts many of the standardized landlord tenant forms for Wisconsin Legal Blank. Tristan is in eviction court nearly every week representing many members of the Association and other landlords. Tristan presents Landlord Boot Camp for the Association twice a year. He also presents similar courses for attorneys across the state.

Tristan R. Pettit is a shareholder with the Milwaukee law firm of Petrie & Stocking S.C. which has been in existence for over 115 years assisting individuals, families and businesses throughout the state. He focuses his practice in the area of general civil and business litigation with an emphasis on landlord-tenant law.

Mr. Pettit handles both commercial and residential evictions and the accompanying damages claims for his clients throughout the state. He has also been involved in litigation dealing with lead-based paint, bedbugs, Fair Housing (discrimination) claims, building code orders, public nuisance lawsuits, and both the prosecution and defense of Wisconsin Administrative Code - ATCP 134 violations.

He assists clients with the drafting and interpretation of commercial leases and residential rental agreements and other rental documents and is the author of the landlord-tenant legal forms sold at Wisconsin Legal Blank Co., Inc., which are used throughout the state.

Mr. Pettit presents seminars on landlord-tenant law and related matters throughout the state and is a past president of the Apartment Association of Southeastern Wisconsin, Inc. and is currently serving on its Board of Directors. He also is the author of a popular Wisconsin landlord-tenant law blog that can be found at www.LandlordTenantLawBlog.com

Stacy Hegg is a professional property manager who has more than 20 years experience in multi-housing management in the Greater Milwaukee Area.

Stacy's career commenced as a Leasing Consultant at a large market rate community in Glendale while attending Cardinal Stritch College. Upon graduation Stacy became a full time Property Manager on a unique, Section 42 renovation on 24th and Wells. Her extensive and varied experience extends from Section 42 and Section 8 communities to luxury developments. She has managed multi-family portfolios for professional realty companies such as: Ogden, Bielinski, and Bryce Styza Properties. She managed Cedar Square Apartments on the Marquette University Campus for 2 years and currently manages for Wellston Apartments where she oversees a 400 unit portfolio near UW-Milwaukee.

AASEW Meeting: Financing Real Estate In Today's Market ---- May 20, 2013

Please join me at the AASEW's next monthly membership meeting where we will discuss Financing Real Estate in Today's Market.

When: Monday May 20th, 2013 at 7:00 p.m.

Where: The Best Western, 1005 S. Moorland Road, Brookfield 53005

Who: Panel of local lending experts. Details below.

Cost: This meeting is free for current AASEW members, $25 for guests or expired members

Good deals are more abundant today than ever in the past. But we all know low prices at the same time as low interest will not last forever. The deal killer for most is funding those great projects you find. Come to this meeting and get a pulse on the current lending environment from big bank lending to smaller community banks. From hard money lending to the credit union perspective, our panel discussion is sure to have something for you! And speaking of perspective, some of our experts are landlords too!

Knowledge is power! The AASEW is proud to present yet another forum on information you need to succeed in today's economy.

Monday, May 20th at 7 PM is just Around the corner! See you then!"

Our panelists will include:

Rob Seetan - Brewery Credit Union

Rob has lived and worked in Milwaukee for 15 years. His first job in the mortgage industry with Pinnacle Bancorp (no longer exists) as an Account Executive. He started loan originating in Milwaukee 2000. He joined Brewery Credit Union in 2009 and holds the position of originator, underwriter and administrator for Brewery Credit Union founded as Brewery Workers Credit Union in 1934. Brewery CU maintains about 15% of its portfolio with small investment properties (no commercial lending). The majority of their investment units are within the City of Milwaukee. Brewery Credit Union was granted special privileges by US Treasury Dept. through our Community Development Financial Institution (CDFI) designation.

Luke Hagel - Commerce State Bank

Luke has been working in the banking industry for about 9.5 years. He began my career with Wisconsin Business Development as a credit analyst in 2003. While at the WBD he learned a lot about SBA lending, specifically relating to the SBA 504 and 7a programs. Hejoined Commerce State Bank in January of 2008 and has worked as part of the commercial lending team there since that time. Luke grew his own portfolio which is currently about $50MM in loans comprised mostly of C&I loans (Real estate, LOC's, equipment, etc.). Luke assists in nearly all SBA lending done at the bank. Luke graduated magna cum laude from Ripon College with a B.A. in Business Management in 2003 where he also served as a Student Mentor, Resident Assistant (R.A.) and member of both the college Baseball and Football teams. Luke also graduated magna cum laude from UW-Milwaukee with a Masters of Business Admin in 2006. He currently resides in West Bend with his wife and 3 kids.

Chris Wilz - Senior Lender US Bank

Chris is Vice President & Relationship Manager for US Bank, Business Banking division. He has over 11 years of experience with commercial lending and in the financial services industry. He earned his bachelor's degree from the University of Wisconsin - Madison Business School majoring in Finance, Investments & Banking. Chris works with commercial real estate investors and business owners to provide financing for real estate loans, equipment loans or leases, and lines of credit, in addition to the full breath of banking products and services the bank has to offer. For three consecutive years, Chris has received an Annual Pinnacle award for being one of the top producers at US Bank.

Scott Lurie - F Street Investments, Jomela Properties

Scott, a local Milwaukee businessman earned his B.A. in Finance from The George Washington University. After college, Scott spent 2 years in the M&A industry serving as an analyst for Kaulkin Ginsberg Company. After moving back to the Midwest, Scott worked for his family heading a division of Lurie Glass. In August of 2004, Scott let his entrepreneurial spirit get the better of him and began investing in real estate. After purchasing a Homevestors of America franchise, Scott got involved in real estate acquisitions, financing, and property management. His relationship with Homevestors ended in February 2009. Scott continues to be involved in real estate and finance. To date, Scott has bought and sold over 125 houses in addition to building a rental portfolio of 1400 units which are self managed. In addition to the multiple real estate acquisitions Scott has been involved in, he also specializes in "hard money" financing. With over $12 Millions in deals financed to date Scott gets it done! Scott's interest outside of the office are his family, golf, tennis, and travel.

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 John's handout from the meeting which was entitled "Top Ten Pitfalls That Landlords Should Avoid."

Like any good Top 10 list (a la David Letterman), John presented these pitfalls in reverse oreder based on importance. The pitfalls to avoid included:

10. Mailing the 5 Day Notice

9. Digging The Hole Too Deep

8. Incomplete Applications

7. Not Asking The Right People (about your rental applicant)

6. Auto-Renewing A Lease

5. 14 Day Notice (or NOT)

4. "Do-It-Yourself" Leases or Rental Forms

3. Misuse of CCAP

2. Carpet Cleaning

1. That Lease is HOW LONG?

As John stated during his presentation, there are a lot of things that are beyond our control that make life as a landlord very difficult at times. As such, we certainly do not want to make life more difficult for ourselves based on a lack of knowledge of landlord-tenant laws . . . unless we are masochists, that is.

The AASEW has another great meeting scheduled for May 20, 2013 at 7 pm at the Best Western Midway in Brookfield about "How To Finance Real Estate Transactions In The Current Economy."

Next AASEW Meeting: Dr. Rent's Top Ten Landlording Pitfalls To Avoid - April 15th

The AASEW's next meeting will feature Dr. Rent's TOP TEN Landlording Pitfalls to Avoid

When: Monday April 15th, 2013 at 7:00 p.m.

Where: The Best Western, 1005 S. Moorland Road, Brookfield 53005

Who: John "Dr. Rent" Fisher

Cost: This meeting is free for current AASEW members, $25 for guests or expired members

Bad things happen to good people. When a good landlord falls victim to a bad tenant, we all know the results. Dealing with bad tenants is already hard enough, but too often good landlords fall victim to their own mistakes as well. Dr. Rent will discuss the 10 most common mistakes that he has seen in over two decades as a landlord in Wisconsin. One of the best things that we can all do is learn from our mistakes, but Dr. Rent has found it wiser to learn from others.

About our speaker: John H. Fischer is a Wausau, Wisconsin area landlord. He started working part-time with Emmerich & Associates, Inc. in 1993 and since then has worked in nearly every aspect of the real estate investment field. He has been involved with residential, commercial and industrial rental properties as well as vacant land sales and condominium development.

Observing a number of old and new landlords going to court and having a hard time because of their not understanding Wisconsin's complicated laws and procedures, Mr. Fischer has been making an effort to educate Landlords on the proper way to do things for over a decade, and has taught classes on everything from accounting, to proper management procedures to Landlord-Tenant law. He has provided training sessions through Lorman and Sterling educational services. He has also presented seminars to a number of local apartment associations as well as the Wisconsin Apartment Association. He offers a series of courses in real estate investing through the University of Wisconsin Continuing Education program.

Mr. Fischer holds a real estate Broker license and is past president of the Wausau Area Apartment Association and Wisconsin Apartment Association. He is a member of Wausau's Housing Code Task Force. He has degrees in International Business Management (with Honors) as well as Human Resources Management (with Honors) from the University of Wisconsin - Madison School of Business. He is also a graduate of the Bryce Harlow Institute for Business and Government Affairs, Georgetown University, Washington, DC.

You will not want to miss this meeting!!

Hope to see everyone there.

T

Next AASEW Meeting - The Ins & Outs of Evicting - March 18th

The next AASEW meeting will focus on the "The Ins & Outs of Evicting."

The meeting will be held on Monday, March 18th, 2013 at 7:00 p.m. at the Best Western Hotel located at 1005 S. Moorland Road in Brookfield.

The speakers will be Attorney Tristan Pettit of Petrie & Stocking S.C. and Detective Jon Nilsen of the Milwaukee County Eviction Squad.

Atty. Pettit will discuss the top reasons that the courts dismiss landlord's evictions and Det. Nilson will speak to us about how the execution of a writ of restitution works and what the Sheriff's Department does to remove tenants that refuse to leave our rental properties after being ordered by the court to vacate. Det. Nilsen will also tell us what we can do as landlords to provide the Sheriff's Department with the necessary and vital information that they need in order to safely complete the eviction process.

Attorney Tristan Pettit focuses his practice on representing landlords and property management companies throughout SE Wisconsin. Atty. Pettit is the presenter of the AASEW's popular Landlord Boot Camp and also drafts the landlord-tenant forms that are sold by Wisconsin Legal Blank and used throughout the state. Tristan is in eviction court in Milwaukee County every week representing many members of the Association and other landlords and property managers.

Detective Nilsen has been with the Milwaukee County Sheriff's Department for 29 years and a Detective since 1995. He has served in various capacities within the Sheriff's Department including being a member of SWAT team for 14 years, the mounted unit, working as a bailiff in the courts, and patrolling the freeways. Since 1995 Detective Nilsen has worked with the eviction squad.

This meeting is free for current AASEW members and $25 for everyone else.

Hope that you all can make it.

It's Not Why Should You Join the Apartment Association of SE Wisconsin . . . It's Why Wouldn't You?

By Joe Dahl (President of the Apaartment Association of Southeastern Wisconsin, Owner of Milwaukee Metro Management, and guest blogger)

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Why Join the AASEW?

Since becoming President of the Apartment Association of Southeastern Wisconsin (AASEW) earlier this year and traveling around southeast Wisconsin promoting the group, I am continuously asked by prospective members “Why should I join the AASEW?”

I admit that my first reaction is often to turn the question around and ask the prospective member, “why wouldn’t you belong to the largest trade organization in our industry which has been tirelessly advocating for landlord rights and businesses in general?” I want to ask them if they are aware that the AASEW has saved landlords and the rental industry in general millions of dollars by fighting unfair laws and ordinances. The AASEW has been at the forefront of issues ranging from lead paint to property recording fees and were the only organization to fight against the city of Milwaukee’s Residential Rental Inspection (RRI) program, spending almost $100,000 dollars while lobbying and litigating against this unconstitutional program.

However more often than not, I politely explain to the prospective member at least 5 reasons that they should join the AASEW.

1. There Is Strength In Numbers

Have you seen the video of the 2.3 million toothpicks against the tiger? If not, you should as the story is a good analogy for our industry. We have over 40,000 landlords in Southeaster Wisconsin. Individually, none of us have a chance against the tiger (= state/local government).

The City of Milwaukee’s Residential Rental Inspection program is a great example of this. I have not met one landlord who agrees with this program. Even if your rental units are in great shape and have no significant deferred maintenance – by the way I own and manage rental units in both of the targeted areas and have received only minor violations -- I am sure that you take issue with having to pay a government employee to come into your property to look for code violations. However the “tiger” is strong and hungry (i.e. broke) so he turns to his number one prey for sustenance -- landlords.

As mentioned above, the AASEW fought this ordinance from the start. We talked and lobbied city officials and when that failed, we assisted affected owners by funding a lawsuit. Unfortunately in the end, we did not have enough strength to resist the attack, and we lost.

The proper approach to defeat this type of legislation is multifaceted and will require greater strength and more involvement by landlords in the future. Going forward however, we first need to support the aldermen who -- just like us -- were against the RRI program. Second, we need to educate the politicians about the economic impact that landlords have in SE Wisconsin. I’m fond of saying if we were in the business of manufacturing widgets, politicians would be tripping over one another to throw both money and praise on us. That certainly is not happening currently.

This year I will be asking the AASEW’s Board of Directors to authorize a comprehensive analysis of the economic contribution our industry makes in this region, and more importantly the pejorative impact that excessive fees and punitive ordinances have on our ability to hire employees, grow our small businesses, and contribute to the financial well-being of Wisconsin. The resulting report from this analysis will then be distributed to every politician in the area.

Third, we need to become more organized and efficient at getting out the vote. Which alderman/legislator is most unsympathetic to our cause? How many units do we control in his/her district? How do we get the message out to our customers (tenants) that a certain politician is not acting in their best interests? How do we mobilize tenants to express their dissatisfaction at the polls? We must hold the “tiger” accountable, and remember that he will not stop unless he is forced to stop.

In two years the RRI program will be reviewed for possible city-wide expansion. I promise you friends, that if you think the “tiger” is going to limit his hunting area to just the current pilot areas of Lindsay Heights and the UWM areas, you are soon going to be the “tiger’s” dinner. We must organize now for this imminent expansion and stop the “tiger” in his tracks!

2. Bad Laws Travel

Many of my colleagues with property outside of the Milwaukee area do not see the value of joining the AASEW as many of the most repressive ordinances and aggressive enforcement occur in Milwaukee. To this I frequently remind them that the Residential Rental Inspection program had its roots in an ordinance passed in Minneapolis, Minnesota. Our esteemed commissioner of the Department of Neighborhood Services at the time admired greatly the efforts of our northern counterparts in “holding landlord’s accountable.” Similar ordinances to Milwaukee’s are already popping up in other parts of Wisconsin.

Unfortunately Milwaukee is often the testing ground for such new laws, and if we are not organized enough to be in a position to stop them here, other areas will suffer as well. I assure you that what happens in Milwaukee does not just stay in Milwaukee – it can impact all of Southeast Wisconsin

3. Education

We are fortunate to have the premier landlord-tenant law attorney in the state of Wisconsin on the AASEW’s Board of Directors. Attorney Tristan Pettit’s reputation for vigorously defending landlords is laudable and the respect that he garners from his peers and the court’s is undeniable. Tristan is a landlord himself and recognizes that the best way for us to protect ourselves is to educate ourselves. Every owner/operator should attend the AASEW’s Landlord Boot Camp and rental property management companies should send each of their managers to this all-day seminar. Tristan and other AASEW board members constantly evaluate our curriculum to ensure that our members have access to the most current information so that it can positively impact their businesses and bottom lines.

4. Discounts

The AASEW is actively working on implementing ways to leverage rental property owners and managers’ group purchasing power in order to lower our individual costs. Possibilities include providing members a discount card that they can present to vendors in order to receive a discount and other innovative ways to implement group purchasing power. For an example look at some of the ideas of AASEW board member Tim Ballering.

5. Mentoring

Every successful landlord has had someone who gave them a guiding hand or some good advice along the way. I can say without a doubt that the reason that my business is as successful as it is is because I was fortunate enough to have a mentor named Dennis Miskowski who taught me the fundamentals of the trade.

Having the ability to turn to such a successful landlord for advice saved me a lot of wasted effort and energy. Mindful of what he has done for me, I have taken an interest in mentoring others and will not hesitate to field questions from young energetic (and at times naïve) landlords about the nature of our business. One of my favorite things about the AASEW is that it is a venue for those who have received to give back to others. Conversely, it provides those who are new to the business and hungry for information an opportunity to meet others who are already where the newer landlord wish to go.

There are countless other reasons to join the AASEW, but after I talk about the reasons above, most interested members are tired of hearing me talk (and probably of reading this post) and decide to join the AASEW in order to shut me up. I encourage you to get active in the AASEW and help make Wisconsin a better place for landlords to do business.

All the best.

Joe

joe@milwaukeemetromanagement.com

5th Annual Landlord Boot Camp Is Just Around the Corner - February 23, 2013 - Register now.

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 Fifth “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, who drafts the landlord tenant forms for Wisconsin Legal Blank.

Attorney Tristan Pettit has given similar landlord-tenant law seminars to fellow attorneys, landlords, and property manager organizations that charge their members $300-$400. This is your opportunity to learn all of the same information at a huge discount through the Apartment Association .

When: Saturday, February 23rd 8:30 AM – 5:30 PM ---- Registration opens at 7:00 AM

Where: Clarion Hotel 5311 S. Howell Avenue, Milwaukee [Map]

Included: 100 plus page manual to help you put what you learn into practice.

Price:

Early Bird – Sign up before Feb. 13th, 2013 and save

• Members $159
• Non-Members $249

Regular Registration after Feb. 13, 2013 but before Feb. 20th, 2013

• Members $259
• Non-Members $349

Sorry, no registrations accepted after 5 PM Feb. 20th, 2013

Specials: Not a member? Pay just $1 more and enjoy a full 10 months of AASEW membership.

Wisconsin landlord-tenant laws are constantly changing. To help keep you up to date we offer prior attendees a $50 discount.

Read prior attendees' testimonials.

What you will learn at the Apartment Association's 2013 Landlord Boot camp

Landlord Boot Camp covers everything that you need to know about residential Landlord Tenant law in Wisconsin, as amended by Act 143, including:

1. How to properly screen prospective tenants.
2. How to draft written screening criteria to assist you in the selection process.
3. How to comply with both federal and state Fair Housing laws including how to comply with “reasonable modifications” and “reasonable accommodations” requests.
4. How to legally reject an applicant.
5. What rental documents you should be using and why.
6. When you should be using a 5-day notice versus a 14-day notice, 28-day notice, or 30-day notice and how to properly serve the notice on your tenant.
7. Everything you wanted to know (and probably even more than you wanted to know) about the Residential Rental Practices (ATCP 134) and how to avoid having to pay double damages to your tenant for breaching ATCP 134.
8. When you are legally allowed to enter your tenant’s apartment.
9. How to properly draft an eviction summons and complaint.
10. What to do to keep the commissioner from dismissing your eviction suit.
11. What you can legally deduct from a security deposit.
12. How to properly draft a security deposit transmittal / 21 day letter.
13. How to handle pet damage.
14. What to do with a tenant’s abandoned property and how this may affect whether or not you file an eviction suit.
15. How to pursue your ex-tenant for damages to your rental property and past due rent (and whether it is even worth it to do so).
16. An ample question and answer period. This alone is worth the admission.

    . . . and much more.

You get all this for less than you would pay for an hour of an attorney's time.

Last year’s AASEW Landlord Boot Camp was filled to capacity. So much so we even had to turn a few people away.

You can sign up online at here or call the Association at (414) 276-7378 or email us at membership@apartmentassoc.org today to reserve your spot.

Remember that “landlording” is a business — so take the time to educate yourself on how to better manage your business and avoid costly errors!

Next AASEW Meeting: "Do You Have Proper Insurance For Your Rentals" - January 21, 2013

Join us at the AASEW's next monthly membership meeting on January 21, 2013 at 7 pm at the Best Western Hotel (1005 S. Moorland Road, Brookfield).

The presentation will be entitled "Do You Have Proper Insurance For Your Rental Property?"

Bob Dummer of P&C Insurance and Dan Schani of Dan Schani Insurance Agency will be the featured speakers.

If you're like me, the topic of insurance sounds pretty boring ... that is until you are standing in front of the burned shell of one of your properties. Then the only thing you can think about is insurance.

Rather than hoping you made the right decisions for cost effective insurance, take an hour and learn from some of the best in the industry. How do I know they're a couple of the best? I've worked with both. Bob is my primary insurance agent. Dan is a former AASEW board member.

- Tim Ballering, Affordable Rental Associates, LLC

Meeting is free for current AASEW members, $25 for guests or expired members

Hope to see you there.

T

5 Things This Landlords' Attorney Wants For Christmas

With the coming of the holidays, comes list of gifts that people want for Christmas. So I thought I would put together one of my own. So here is a list of the top 5 things that this landlords' lawyer would like for Christmas.

5. That Tenants' Requests For Reasonable Accommodations To Allow for the Keeping of Companion/Comfort Animals Would Actually Be "Reasonable"

The past few years -- and especially this past year -- have seen a large rise in requests by tenants for a reasonable accommodation to landlords' "no pet" or "limited pet" policies specifically to allow for the keeping of a companion/comfort animal. A companion/comfort animal does not need to be specially trained and therefore can be any type of animal including the family dog, cat, gunea pig, or even a miniature horse. A tenant can ask for a reasonable accommodation -- and it should be provided -- as long as the tenant has a disability (i.e. an individual with a physical or mental impairment that substantially limits one or more major life activities) and the accommodation request has a "nexus" to the tenant's disability and will allow them to more fully enjoy a major life activity.

However, somewhere along the line tenants seem to have forgotten about the word "reasonable" in "reasonable accommodations."

It is not reasonable in my opinion to need 5 kittens as companion animals (which were recently born to a landlord-approved pet cat) just because the tenant thinks the kittens are cute and does not want to get rid of the litter.

It is not reasonable in my opinion for a tenant to request a pit bull dog as a reasonable accommodation just because the tenant's relative recently lost their home to foreclosure and can't find a place for their pet "pitty" to live.

It is not reasonable to have to allow a miniature horse as a companion animal because the tenant does not want to have a dog instead because dogs do not live as long as horses do, and if the dog should die it would exacerbate the tenant's mental health issues. Whereas the miniature horse will outlive the tenant so her mental health will be unaffected. Who cares what happens to the miniature horse after the tenant passes.

4. That Tenants Who File Bankruptcy Be Required To Disclose To The Bankruptcy Court That They Are Renters and that the Bankruptcy Court Create A More Efficient Process For The Tenant To "Pay and Stay" or Vacate

If a tenant files for bankruptcy something called the "automatic stay" kicks in that prevents any creditors (yes, that includes landlords) from attempting to collect a debt or in the case of landlords - evict a tenant. Now, tenant/debtors are supposed to disclose in their bankruptcy schedules that they file with the court whether or not they have any "executory contracts or unexpired leases." Without fail, tenants and there bankruptcy attorneys always check the box saying that they have no executory contracts or unexpired leases. I have handled at least 30 of these situations for my landlord clients and not once has the tenant advised the court that they were under an unexpired lease.

A landlord is then required to pay a filing fee, file a motion to lift the automatic stay, wait 14 days for the tenant to object, and if so participate in a hearing before the court, to present evidence that the tenant isn't paying their rent and the landlord should be allowed to proceed to evict the tenant. This process can be expensive and time consuming for a landlord whose hands are legally bound from doing anything until the bankruptcy court says he can.

It would be nice if the court or the bankruptcy trustee would confirm whether or not the debtor is a tenant and whether or not they are up to date with rent and if not, determine if the tenant can get caught up so s/he can stay, or advise the tenant/debtor that they must vacate the landlord's property.

To require a landlord jump through all of these hoops in order to remove a non-paying tenant from his rental property is just another financial drain on landlords. A landlord will spend at least one month (if not more) trying to lift the stay in bankruptcy court. Once that is completed, he then needs to serve the tenant with the appropriate notice, and after that time has elapsed, pay more money to file the eviction, and then wait another 2 weeks or so until the initial appearance in eviction court. As you can see, this process can delay things at least 2 months. So I would like to expedite this somehow. Wishful thinking I know . . . but hey, this is my wish list : )

3. That Tenants Stop Using Jury Trial Demands To "Buy" More Time In Evictions

In my 17+ years of law practice I have probably encountered somewhere between 10-15 requests for a jury trial by a tenant that I am evicting. Not one of those cases have ever resulted in an actual jury being selected. Instead the demand is often made just because it will prolong the case. In Milwaukee County when a jury trial demand is made, the case is tabbed to a large claims judge who often has a very busy caseload and is unable to even get the case into court for a Scheduling Conference for 2 months. Oftentimes, a trial isn't scheduled for months after the Scheduling Conference. On the other hand if a jury trial is not made, the small claims judge in Milwaukee County can hear the eviction within a week in most cases.

I have had jury trial demands filed in failure to pay rent cases where the tenant has no legal defense. Tenant didn't pay rent, notice was properly served, tenant didn't pay past due rent within cure period, and an eviction lawsuit was field. Tenant doesn't deny any of it but wants a jury trial. Now my client gets to sit for months with a non-paying tenant before obtaining a judgement of eviction. And no, landlords rarely ever see those rent amounts from the tenant even if they obtain a money judgment against them later because many tenants are not collectible.

I have had jury trial demands filed in cases where the tenant is being evicted for engaging in criminal activity that is scaring (and at times injuring) fellow tenants and neighbors. Yet, with the jury demand having been made, the landlord, along with the law-abiding tenants and neighbors, have to deal with the scofflaw tenant for months, unless they by chance would get arrested.

The law needs to be changed in this regard. While jury trials are an important part of the judicial system this practice that I am seeing more and more of is clearly an abuse of the system. Perhaps requiring that all jury trials must be held within so many days of the initial appearance or in failure to pay rent cases requiring that all past due rent must be paid up and future rent continue to be paid or the tenant loses his/her right to the jury trial. Something needs to happen to stop this frivolous practice.

2. That All Courts Follow the Law with Regard To Granting "Stays" in Eviction Actions

Sec. 799.44(3), Wis. Stats., is very clear that before a court is allowed to "stay" a writ that the tenant must pay all rent and other charges due as well as any rent that will become due during the period of the "stay." This law is often ignored by the courts to landlords' detriment.

I understand that it is difficult to tell a tenant that you are ordering them to immediately vacate the rental property even when the cause of their non-payment of rent is due to no fault of their own - such as losing a job due to downsizing or health issues -- but that is what the law says. If it is a bad law (and I am not saying that it is) then it can and should be changed through the legislative process.

Let me put this in another context. A tenant that has lost their job or that has encountered a serious medical issue may also not have money to buy food for their family, but that doesn't mean that they are allowed to shoplift food from the grocery store. If they did that they would be arrested.

So why is a landlord required to provide housing for a tenant who's tenancy has been properly terminated and after all proper legal channels have been followed? What makes a landlord so special that s/he gets this special treatment that places them in a different category than any other creditor. Why is a landlord required to house the non-paying tenant to the landlord's financial detriment and risk their ability to continue to provide housing for their paying tenants. Again, for those non-landlords that may be reading this post, most tenants are not collectible, so saying that the landlord will be made whole when they obtain a money judgment against the tenant is not realistic.

1. That All Landlords Join a Landlord Association (such as the Apartment Association of Southeastern Wisconsin - AASEW)

There are more private landlords in Wisconsin than there are teachers but landlords' voices are not anywhere near as powerful as are teachers. The reason for this is that landlords are not organized. Landlords tend to be an independent type that enjoy being their own bosses. That is well and good but landlords need to set that independent spirit aside on occasion for the betterment of themselves and all landlords. Only when landlords unit can positive change occur for them as there is strength in numbers. It is very difficult to survive financially as a landlord these days. But by joining a landlord association, a landlord's life can become a little easier. First, through landlord associations, landlords can create a united voice to challenge bad legislation or champion new legislation. Secondly, landlord associations provide educational opportunities for their members on changes in the law so landlords can stay out of legal trouble. Third, there is camaraderie in joining a landlord association which allows members to rub elbows with other landlords may be facing, or have previously faced, the same struggles that you are having.

If all landlords joined a landlord association and became active in them, we have the money and the numbers to create change that would assist our industry.

____

Oh by the way Santa - if you cant give me any of my wishes on this list, I will settle for a new toy bike with red and white streamers dangling from the handlebars : )

Happy Holidays everyone!

Don't Miss the AASEW's Holiday Party on Monday December 10th.

It’s that time of year again, Ring in the Holidays with the Apartment Association of Southeastern Wisconsin's Annual Holiday Party!!!!

Monday, December 10th. Doors open at 5:30 p.m. Dinner at 6:30 p.m.

The Clarion Hotel 5311 S. Howell Avenue, Milwaukee

$30.00 per person, includes appetizers, dinner, coffee and dessert and door prizes prizes! Cash bar.

To register, mail your check prior to December 6th to AASEW, PO BOX 4125, Milwaukee, WI 53204. If you prefer, you may pay by credit card by calling us at 414-276-7378.

Happy Holidays!

The Staff & Board of the Apartment Association.

Hope to see you there

T

Milwaukee's Amended Smoke Alarm Ordinance To Take Effect June 1, 2013.

On November 8, 2012, Milwaukee's Common Council passed a revised smoke alarm ordinance by a vote of 13 to 2.

Effective June 1, 2013, all battery-operated smoke alarm must be powered by 10-year or more non-removable (sealed) batteries. Compliance with this requirement must be met when replacing any current battery operated smoke alarm after June 1st next year or by October 1, 2017 -- whichever is sooner. The AASEW was successful in getting the effective date of the revised ordinance delayed so as to allow landlords some additional time to use up their current supply of non-sealed smoke alarms.

The remainder of the ordinance which requires a "hush button" be present on the smoke alarm if it is located within 20 feet of the kitchen and the requirement of annual testing and recording of when the testing occurred and by whom, remained unchanged.

The Effects of "Obamacare" On The Small Landlord

There are so many questions regarding how the Patient Protection and Affordable Care Act, more commonly referred to as "Obamacare," will effect small businesses such as us in the rental housing industry. What is the truth?

AASEW Attorney Heiner Giese, a fellow landlord, has researched the law in depth and will be one of the speakers at the AASEW's upcoming monthly membership meeting on Monday, October 15th, where this issue will be discussed. To present an opposing view, former Democratic legislator and current lobbyist, Gary Goyke, will also be on hand.

This is a huge piece of legislation with equally large potential impact on all of us.

Attendance is free to current members of the AASEW and $25 per person for non-members. Your AASEW General Membership includes admission for all members of a single household. An AASEW Business Membership includes admission for all owners and employees of a single business.

Please join us this Monday.

WHEN: Monday, October 15, 2012 at 7 PM

WHERE: Best Western Midway, 1005 S. Moorland Road, Brookfield (just south of I-94)

COST: Free to AASEW members. $25 per person for non-members.

Attend AASEW's Landlord Boot Camp on October 20th and Learn All About Wisconsin Residential Landlord-Tenant Law

Due to popular demand, the Apartment Association of Southeastern Wisconsin will be holding a second Landlord Boot Camp this year on Saturday October 20, 2012. Our last Boot Camp in February had more than 80 attendees and it was necessary to turn a few away. Additionally with the passage of the new Landlord Omnibus Law (Act 143), which took effect on March 31, 2012, we felt it was necessary to offer another Boot Camp this year so everyone can stay up to date.

Landlord Boot Camp is the most comprehensive seminar that I teach on residential landlord tenant law in Wisconsin. If you have not attended a Landlord Boot Camp before I would encourage you to sign up -- I do not think you will be disappointed. If you have previously attended, please be aware that there have been several updates to both my presentation and the outline as a result of the passage of Act 143.

Here are the details for this Fall's Landlord Boot Camp:

WHEN: Saturday, October 20, 2012 from 8:30 am - 5:30 pm (registration will start at 7:30 am)

WHERE: Clarion Hotel, 5311 S. Howell Ave. in Milwaukee

WHO: Taught by yours truly - Attorney Tristan R. Pettit

COST: $159 for current members of the AASEW and $259 for non-AASEW members.

WHAT WILL I LEARN: You will learn everything that you need to know about residential landlord-tenant law in Wisconsin. Here is a detailed outline of the topics that will be covered.

WHAT IS INCLUDED: (1) A detailed manual containing Tristan's outline of all of the topics discussed as well as sample forms, (2) Q & A session, (3) Lunch, (4) Coffee, soda and other light refreshments throughout the day, (5) Certificate of Attendance/Completion, (6) and the opportunity to mix and mingle with other landlords and property managers.

WHAT HAVE OTHER ATTENDEES SAID ABOUT LANDLORD BOOT CAMP: Here are some past attendees' testimonials.

HOW TO REGISTER: The easiest way to register is to go to www.LandlordBootCamp2012.com. You may also call (414) 755-0852 to register.

I hope to see you all there!

Thanks

T

AASEW Annual Landlord Trade Show - Wednesday September 19, 2012

It is that time of year again . . . time for the leaves to start falling and the Apartment Association of Southeastern Wisconsin to host its Annual Trade Show. The AASEW Trade Show is the place to be on Wednesday, September 19, 2012 from 11 am - 5 pm. The Trade Show will be held at American Serb Hall at 5101 W. Oklahoma Avenue in Milwaukee, WI.

Entrance to the event is free with a donation of 3 non-perishable food items to the Hunger Task Force (or $4). Collection bins will be on-site.

There is no need to pre-register just show up ready to learn and have some fun. Oh, did I mention that there will be free food as well.

Come mix and mingle with landlords, property managers, and vendors that work with those is the rental industry. The Exhibit Hall will have AASEW business members who will be exhibiting their products and services to make your life as a landlord or rental property manager easier.

We will also have educational seminars throughout the day that you will not want to miss.

Some of the speakers will include:

- Margaret Bowitz of the Metropolitan Fair Housing Council will speak on the ever-important topic of fair housing (discrimination) law.

- Wausau-area landlord (and fellow blogger) John "Dr. Rent" Fischer will talk about the To 5 Most Asked Landlord Questions.

- Charles Harris of Credit Matters will provide attendees with Seven Steps To Better Credit.

- Graig Goldman and Mark Kivley of Re/Max Lakeside will teach everyone how to effectively purchase foreclosure properties

- Attorney Tristan Pettit will talk about Act 143: Wisconsin's New Landlord Omnibus Law focusing on the new provisions and their potential pitfalls as well as how the courts have been ruling on the new law these last few month.

I hope that you all can attend this educational and fun event next Wednesday. If you do please be sure and come up and say hello.

T

AASEW's Next Meeting: How To Buy Rental Property In The New Economy Featuring Joe Dahl - Monday, August 20th

I hope that you all can make it to the next AASEW membership meeting on Monday, August 20th, 2012 starting at 7 PM. Joe Dahl, a young and dynamic local landlord and property manager (and the newest member of the AASEW Board of Directors) will discuss how to successfully invest in real estate in this new economy.

Joe has successfully bought rental property using his own money, bank money, and the city's money under the Neighborhood Stabilization Program. Joe will discuss all of these options and explain how he has been able to successfully own and manage rentals in Milwaukee. Many of Joe's rental properties are located in the Lindsey Heights area of Milwaukee. Lindsey Heights is one of two target areas currently required by the City of Milwaukee's Residential Rental Inspection "pilot" Program requiring landlords to voluntarily submit their rental properties to city inspection and requires them to obtain "landlord licences" in order to continue to rent out their properties. I look forward to hearing Joe's experience with this controversial city program.

Joe's story of investing in local real estate while at the same time assisting in the preservation of Milwaukee's neighborhoods has been covered in local media outlets as well as National Public Radio.

Please join us for Joe's presentation, along with free food and my "educational moment" (a teaser for the AASEW's upcoming Landlord Boot Camp) at 7 pm at the Best Western Midway Hotel which is located at 1005 S. Moorland road in Brookfield. Attendance is free to AASEW members and $25 to any non-member who has previously attended a meeting. Come early and enjoy the free food and network with other landlords and vendors that cater to landlords!!

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 their rental documents and m,anagement procedures and practices in order to be in compliance.

We will have two landlord attorneys (myself and AASEW Attorney Heiner Giese) and a tenant attorney (Bob Andersen of Legal Action of Wisconsin) at the meeting to summarize the changes to you, give you our interpretation of the law and how it will play out in court, and provide you with reccomended best practices. Oh yeah . . . and we will also answer your questions.

This new law was rushed through the legislative process and as such it was poorly written, resulting in much confusion and a difference of opinion as to how it should be interpreted. The panel members will do their best to point out the areas of concern so that you can be better prepared in dealing with them.

Dont forget about the FREE food.

Here are the details:

LOCATION: Best Western Hotel located at 1005 S. Moorland Road in Brookfield WI

DATE: Monday, June 18, 2012

TIME: 7 pm

COST: Free to members of the AASEW; $25 to non-members -- Become a member that night and pay only $59 for the rest of the year (and avoid the $25 fee).

We hope to have a great turnout and a great discussion. I hope to see all of you there.

T

Don't Miss AASEW's Next Meeting Featuring Steve Smullin on Real Estate Trading

Come join us at the next AASEW monthly membership meeting next week.

When: Monday May 21st at 7 PM

Where: The Best Western, 1005 S. Moorland Road, in Brookfield

Who: Steven J. Smullin - Real Estate Problem Solving Since 1988.

Topic: Real Estate Trading - It's All About the Benes . . . That's the Benefits, not the Benjamins.

Cost: Free to current AASEW members, $25 to others.

Note: Starting at our May meeting we will be introducing a landlord/tenant law education component to each of our meetings that will last approximately 10-15 minutes. In anticipation of the next Landlord Boot Camp in October, Attorney Tristan Pettit will be taking a single issue from his Landlord Boot Camp materials and teaching it at each meeting. This month Tristan will talk about LATE FEES.

About our Speaker:

Steve is a commercial investment real estate broker, counselor, exchangor, investor, educator, and long time practitioner using creative solutions to real estate related problems. Steve has closed transactions involving the FDIC, RTC, US Marshall, US Bankruptcy Court, Banks and numerous others since the mid 1980's … following hundreds of cases, attending dozens of sheriff and judicial sales and assisting clients in the acquisition and disposition of properties.

Steve is a member of the National, Illinois and Chicago Associations of Realtors and a Charter Member of the Northern Illinois Commercial Association of Realtors where he has served on the Board of Directors. He adheres strictly to the Code of Ethics of these organizations and applies their principles in everyday life. In addition he has served on the Board of Directors of the Chicago Area Real Estate Exchangors in numerous capacities including serving as President.

Steve routinely studies formulas, exchanging, financial analysis, and property management and has studied creative real estate techniques and strategies with

some of the most brilliant minds throughout the country. He is a long time member of the Chicago Creative Investors Association and active participant at the National Council of Exchangors, The Society of Exchange Counselors and numerous other marketing and educational organizations.

Steve has presented programs and workshops for Chicago Creative Investors Association, Lake County Property Investors Association, West Suburban Landlords Association, Milwaukee Real Estate Investors Association, and for the ValueHoundAcademy.

Steve's presentations and workshops have included:

Formulas, Brainstorming & Problem Solving - The days of throwing money at real estate are over. It’s no longer possible to solve today's problems with yesterday's solutions. Identify the real problem, use effective ideation and brainstorming to identify possible solutions and then, take appropriate action.

Assessing the Situation - The facts and information needed for a successful and profitable deal. Income and Expense analysis; The Documents and Information YOU NEED to evaluate the offering; The Documents YOU NEED to Close the Deal; Sources and Resources.

Real Estate, It's About The Benes … That's The Benefits! Not The Benjamins - The Pros and Cons of Cash and Alternative Currencies; How Benefits oriented real estate transactions create a WIN for all involved.

How To Get What You Want … When You Can't Sell What You've Got - Create benefits oriented real estate transactions that provide WINNING solutions for all involved. "Selling the Sizzle" and "Buying the Benefits"; Takers vs. Buyers; The Benefits of Barter; "Packaging" a Property for Disposition.

It should be a great meeting. Hope to see all of you there.

T

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 Act 143 that concerned me was Section 36, which creates Wis. Stats. sec 704.95, and reads as follows:

704.95 Practices regulated by the department of agriculture, trade and consumer protection. Practices in violation of this chapter may also constitute unfair methods of competition or unfair trade practices under s. 100.20. However, the department of agriculture, trade and consumer protection may not issue an order or promulgate a rule under s. 100.20 that changes any right or duty arising under this chatper.

My concern was that tenants might start filing suits against landlords alleging that they were entitled to double damages and attorny's fees if a landlord violated any portion of chapter 704. Could a landlord be on the hook for double damages and attorney's fees if he drafted a 5 day notice improperly or served the notice incorrectly?

Because of this concern, the Apartment Association of Southeastern Wisconsin (AASEW) attorney wrote to the State of Wisconsin's Joint Legislative Council which authored the earlier memo summarizing the new Act 143. Specifically the AASEW asked staff attorney Margit Kelley to clarify section 36 of her Act Memo dated March 26, 2012.

I have good news to report. Attorney Kelly in her letter to the AASEW's attorney, indicated that any violation of Chapter 704 does not automatically lead to a cause of action for double damages and attorney's fees.

Her verbatim response -- referring to section 36 (now Wis. Stats. section 704.95) - was as follows:

This means that DATCP may promulgate and enforce any administrative rules that are in line with ch. 704, Stats., including the provisions of the Act that affect that chapter, under DATCP's authority to regulate unfair methods of competition or unfair trade practices in s. 1002.0, Stats. Section 100.20(5), Stats., then, in turn allows an individual right of action for a violation of any rules promulgated under s. 100.20, Stats., and allows for recovery of costs, reasonable attorney's fees, and twice the amount of any pecuniary loss.

Translation: DATCP can create rules to add to ATCP 134 that are line with chapter 704, but a violation of ch. 704 alone does not give rise to a cause of action that entitles a tenant to double damages and attorney's fees, unless that section of the statute is also contained in ATCP 134.

So for instance, if a landlord was found to have violated Wis. Stats. section 704.28, entitled withholding from and return of security deposits, a tenant would be entitled to receive an award of double damages and attorney's fees because the language of sec. 704.28 is ALSO contained in ATCP 134 - specifically ATCP 134.06(2).

Along those same lines, if a landlord was found to have violated Wis. Stats., sec. 704.44, entitled residential rental agreement that contains certain provisions is void, a tenant would als be able to recover double damages and attorney's fees as the language of sec. 704.44 is ALSO contained in ATCP 134 - specifically ATCP 134.08.

As long as the courts are made aware of this, it now appears that landlords can breathe a sigh of relief as they will no longer have to worry about being ordered to pay double damages and attorney's fees to a tenant for improperly drafting or serving a 5 day notice, or any other portion of ch. 704 that is not also included in ATCP 134.

Now we just have to worry -- as we have always had to -- about having the court dismiss our evictions because of an improperly drafted or served 5 day notice : )