Tristan’s Landlord-Tenant Law Blog
So Are Illegal Provisions In Wisconsin Residential Rental Agreements Severable Or Not?
SHORT ANSWER: Yes . . . and No.LONG ANSWER: The newly passed law referred to as the Landlord's Omnibus Law (Act 143) adresses this issue but provides contradictory answers.In newly created sec. 704.02 of the Wisconsin Statutes, the law states quite clearly that the provisions of a rental agreement or lease are severable. Specifically, it states that if any ...
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 PMWhere: The Best Western, 1005 S. Moorland Road, in BrookfieldWho: 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 ...
What Can A Landlord Do With A Tenant's Abandoned Personal Property Under Wisconsin's New Law?
With the signing into law of 2011 Wisconsin Act 143, a landlord's obligations with regard to a tenant's abandoned property has just gotten much easier.Prior to Act 143 a landlord had three options with respect to a tenant's abandoned property. The landlord could:1. Store the tenant's abandoned property on or off the premises and take a lien on the property for the actual and reasonable cost of removal and ...
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 ...
New Landlord Omnibus Law: Odds and Ends
There has been a lot of discussion about the new Landlord Tenant law in Wisconisn (2011 Wisconsin Act 143) since it became law on March 31, 2012. Some people's views seem similar to mine while others have interpreted the law completely differently than I do. Here is a link to one law firm's summary that in my opinion is completely off base, but then again they are Minnesota lawyers ...
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 ...
2011 Wisconsin Act 143 (Landlord Omnibus Law) Also Applies To Commercial Landlord-Tenant Law
While this blog primarily focuses on residential landlord-tenant law, on occasion I also touch on issues applicable to commercial landlord-tenant law. This is one such instance.Commercial landlord-tenant is more straightforward than residential in my opinion because commercial tenancies are less regulated than residential. Typically what a commercial landlord and tenant agreed to and placed into their lease agreement is what governs. The Wisconsin Administrative Code's ATCP 134 does not ...
Landlord's Omnibus Bill Signed Into Law - Read It Now
Governor Walker did sign the Landlord's Omnibus Bill into law.I appreciate the effort of everyone that called the Governor's office asking him to veto the bill due to its deficiencies.Here is a link to the new law. Much easier to read than having to go back and forth between the orginal bill, the Substitute bill and the two amendments.The two main concerns that I have with the law and which caused ...
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 ...
Landlord's Omnibus Bill -- with Amendments -- To Be Signed Into Law Today
One of the biggest pieces of pro-Landlord legislation in quite some time was passed by the Wisconsin Senate and adopted by the Assembly recently and will be signed into law by Governor Walker today. Unfortunately some of the pro-Landlord provisions were amended, diluted, or removed.I am certainly not denouncing this new law. Many aspects of it will be very helpful to landlords. I just wish that more time had been allowed -- ...
Milwaukee County Releases Dates That Eviction Court Will Be Closed in 2012
Milwaukee County recently released all dates that Eviction Court will be closed in 2012. Most of them are obvious closings for holidays but there are a few that are not holiday-related.So make sure you don't schedule a return date in eviction court for any of these days:May 4, 2012May 28, 2012July 4, 2012September 3, 2012November 2, 2012November 23, 2012December 24, 2012December 25, 2012December 31, 2012
New Landlords' Omnibus Bill Being Debated In Madison
On February 13, 2012 2011 Senate Bill 466 (more commonly referred to as the Landlords' Omnibus Bill) was introduced by Senator Lasee and referred to the Committee on Insurance and Housing. A companion bill was also introduced in the Assembly - 2011 AB 561. A public hearing on the above bills was held on February 15, 2012.The Landlords' Omnibus Bill addresses numerous issues affecting landlord-tenant relations in ...
HUD Issues New Rule On "Discriminatory Effect" a.k.a Disparate Impact
HUD has issued a new Fair Housing “disparate impact” rule that may cause problems for landlords during the screening process. The new rule creates a new provision entitled “Prohibiting Discriminatory Effects” which defines “discriminatory effect” as situations in which a facially neutral (i.e. not discriminatory) housing practice can become discriminatory if it actually or predictably has an effect on a group of persons that are members of a protected ...
CCAP Committee's Recommendation To Change Wisconsin's Expungment Laws Shot Down
Last year Wisconsin's Joint Legislative Council created a Special Committee On The Review of Records Access of Circuit Court Documents – what I affectionately referredto as the CCAP Committee. Landlords were very fortunate that in the end the committee made no recommendations to change or alter information on CCAP or limit its access by landlords or any other group. The committee's sole recommendation was to call for the ...
Last Chance To Sign Up For AASEW's Landlord Boot Camp 2012
Hi Everyone:We have had a very good response to our ads for the AASEW’s 4th Annual Landlord Boot Camp. So much so that seats are quickly running out . . . or we may need to consider adding a second seminar shortly after the first.If you are interested in attending this year’s Boot Camp on Saturday, Feb, 25th, I would strongly suggest that you register here.I will be ...
Landlords & Wisconsin's New CCW Law
As I'm sure many of you are aware, Wisconsin has a new Carrying Concealed Weapon (CCW) law. Wisconsin Act 35 was signed into law on July 8, 2011 and took effect on November 1, 2011.Since the new law was published, I have received several calls from landlords and property management companies asking me how this new law will affect them. Since the question has come up repeatedly I thought I would do ...
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 ...
Don't Miss AASEW's January "Town Hall" Membership Meeting on January 16, 2012 at 7 PM
January's Apartment Association Meeting will be held this coming Monday, January 16, 2012 at 7 pm at the Best Western Hotel located at 1005 S. Moorland Road in Brookfield.We will be hosting a "Town Hall" style meeting at which you can pose any and all of your property management or landlord-tenant law questions. Both Stacy Hegg of Wellston Properties and Atty. Tristan Pettit will be panel members.Please bring yourself, a ...
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 ...
"Landlord Preemption Bill" Signed Into Law
It is nice to finally see some landlord-friendly laws being passed in the state of Wisconsin.On December 7, 2011, Senate Bill 107 (commonly referred to as the “Landlord Preemption Bill”) was signed into law by Governor Scott Walker as 2011 Wisconsin Act 108. This new law creates Section 66.0104 of the Wisconsin Statutes and prohibits municipalities from enacting an ordinance that places certain limits or requirements on a landlord.Specifically, section ...