Tristan’s Landlord-Tenant Law Blog
UPCOMING SEMINAR - How Evictions Work: Rules for Landlords and Property Managers
I will be presenting a seminar for the Institute of Real Estate Management (IREM Milwaukee Chapter #13) on several landlord - tenant law related topics in the near futureTopics to be covered:1. Causes for Eviction2. Notices To Terminate Tenancy3. The Judicial Eviction ProcessThis seminar will be held on Thursday, June 17, 2010 from 9am - 10:30 am. Registration will start at 8:30 am.The seminar will be held at The Wisconsin ...
Must A Landlord Provide A Census Taker with Information About His Tenants?
I have recently recieved several calls from my landlord and property manager clients asking me whether or not they have to provide census workers (called "census enumerators" or "census takers" ) with information about their tenants. Census employees started knocking on the doors of those who failed to return their census questionnaire on May 1st and will continue to do so until July 10th.The short answer to the question is "yes." If a census taker ...
CITY'S MOTION TO DISMISS LANDLORDS' LAWSUIT DENIED BY THE COURT - LAWSUIT CONTINUES
On May 21, 2010, Judge Timothy Wotkowiak, denied the City of Milwaukee's motion to dismiss the lawsuit filed by three Milwaukee landlords who sued the city as a result of its newly enacted ordinance requiring mandatory rental inspections of rental housing in two areas of the city.For background information on the ordinance that went into effect on January 1, 2010, please read my November 24, 2009 post. For background information on the ...
A Short Hiatus
As many of you know, I am about to get married at the ripe old age of 40 this Friday. My fiancee, Nancy, and I will be getting married in Maui and then spending some additional time honeymooning on the islands.While I initially thought about bringing my netbook with me and posting a blog or two while vacationing, upon deeper reflection I have decided against this --- somehow I don't ...
Happy Blogiversary
May 15, 2010 will be the one year anniversary of Tristan's Landlord-Tenant Law Blog. I thought I would use this occassion to post some interesting data that I have learned about my blog over the past year - thank you Google Analytics.When I first began this project I did not know what to expect. I have been overwhelmed by the blog's popularity and the support of its readers over ...
Update On Landlords' Lawsuit Against City of Milwaukee and Its Rental Inspection Ordinance
There has not been a lot of media reporting on the lawsuit brought by three landlords against the City of Milwaukee and its rental inspection ordinance so I thought I would take the time to update you on its status.If you are unfamiliar with the basics of the lawsuit you should refer to my earlier post on the topic.The City of Milwaukee has filed a Motion To Dismiss the Landlords' lawsuit. Essentially ...
Is It Time To Hire A Property Management Company?
I would like to state at the outset that this particular post is very different from my past posts. In the past I have tried to educate readers about various aspects of landlord-tenant law. I will not be doing that this time. My goal with today's post is to generate a discussion and to have you, the reader, provide me (and the other readers) with your thoughts and concerns regarding the ...
Proposed Bill To Require Landlords To Disclose If Their Rental Property Was A "Meth Lab"
On March 26, 2010, Senators Lena Taylor and Spencer Coggs along with Senator Lehman sponsored 2009 Senate Bill 650. SB 650 will affect both landlords and sellers of real estate in which the drug methamphetamine has been manufactured.The bill requires both owners wishing to sell and landlords wishing to rent property that was used as a "meth lab" in the past to disclose in writing this fact to ...
Do Not Miss Next AASEW Meeting on How To Manage The Financial Side of Your Rental Properties
On Monday April 19, 2010 at 7 pm the AASEW will hold its monthly membership meeting. This meeting will focus on how to manage the financial side of you rental property business. The AASEW is very excited to have Mr. Tim Nolan, CPA of Nolan Accounting Center as the featured speaker.Mr. Nolan works with smal businesses and property owners and gives special focus to income ...
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 ...
BLOG COMMENT: What If Tenant Does Not Give You Proper Notice To Vacate? . . . and Other Questions.
I recently received a very good question through my blog but because it was posted under my "About The Author" section I don't think enough people would see it so I decided to reprint it as a post.THE QUESTION:Good Morning,I will start by saying thank you for this forum, I find it very helpful and one of a kind. I know you must be very busy but I was ...
What Is The Life Expectancy of the Carpet (or Refrigerator or Stove or Hardwood Flooring) In My Rental Unit?
Those of you that have appeared in eviction court in an attempt to obtain a money judgment against a tenant that has damaged your rental unit know that oftentimes the court will not allow you to recover the total cost to replace the damaged item. Even when the court agrees that the tenant caused the damage there will be times when a landlord cannot obtain the full replacement value.Often when this occurs it ...
Judge Siefert to Rotate Out of Small Claims Division in August; Judge Carroll to Replace
Walking into the courthouse today I ran into an acquaintance of mine who works within the court system. During our chat I learned that Judge John Siefert, who is currently presiding over the Small Claims Division (which includes all eviction actions) in Milwaukee County, will be rotating to a different calandar come August 1st. Judge Jane Carroll will be replacing Judge Siefert as the Small Claims judge. Judge Carroll is currently presiding ...
NEW LANDLORD FORM NOW AVAILABLE REGARDING TENANT'S RESPONSIBILITY FOR LAWN CUTTING AND SNOW REMOVAL
I have recently completed drafting a new form for landlords to use that is now being sold at Wisconsin Legal Blank Co., Inc.Addendum To Residential Rental Agreement: Responsibility for Yard Care and Exterior UpkeepForm #985 is entitled Addendum To Residential Rental Agreement. This document sets forth a tenant's responsibility for yard care and exterior upkeep of the rental property. This form should only be used if the landlord is renting out ...
State Supreme Court To Jump Into The Debate Over Restricting Information on CCAP
The Journal Sentinel published an article on Saturday, March 13, 2010 entitled "Supreme Court Considers Limits To Online Court Records." It appears that while landlords have pretty much quashed Rep. Schneiders attempts to pass legislation on the restriction of infromation posted on CCAP, that the State Supreme Court will be reviewing the issue in the near future.Patrick Marley's article states that Rep. Schneider did not believe his CCAP ...
AASEW Trader's Corner To Be Held Prior to Monthly Meeting on Monday, March 15th
Are you thinking about buying or selling or trading? Or, maybe you're just wondering where the RE market is currently at. Or, maybe you know a non-member (future member?) who is. No matter, because all are welcome to join us at the new AASEW Traders' Corner.If that isn't enough, check this out. The Traders' Corner is also a great place to find a buyer for that truck you no longer ...
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 ...
I Discovered A Really Informative Blog Devoted To Fair Housing Issues
This past weekend I was trying to think of some ways to add some variety and fun to Tristan's Landlord-Tenant Law Blog. While I feel that my blog is informative and helpful I wish that I could make it more fun. Toward that end I decided that I would spend some time trying some new types of blog posts in the future -- a list post (i.e. Top Ten Reasons ...
SECURITY DEPOSIT TRANSMITTAL LETTERS: How To Draft A Legal 21-Day Letter
Security deposit withholding issues are the second most litigated area in landlord tenant law after evictions. If a landlord makes improper deduction from a tenant’s security deposit, pursuant to ATCP 134 and §100.20, Wis. Stats., the tenant may sue the landlord for double damages and attorney’s fees. There are numerous published Court of Appeals decisions in Wisconsin dealing with this exact issue. I would like to offer a ...
Wisconsin's New Lead-Safe Renovation Rule is Upon Us - April 22, 2010 - Get Trained
From a March 1, 2010 post by Tim Ballering on the AASEW Advisors listserv:Beginning April 22nd you will be required to be trained and have WIDHFS or EPA certification even to work on your own pre 1978 rentalhousing.Yes the rule will be very expensive to comply with (See the articlesbelow). Yes it is another -- to put it in terms the government uses --unfunded mandate. But it is now the ...