Tristan’s Landlord-Tenant Law Blog
Milwaukee County Orders Emergency Temporary Orders Closing Eviction Court Due to COVID-19 Pandemic.
Well this has certainly been an “interesting” few days . . . and I assume that it will continue for the unknown future. I know that I have seen more empty store shelves devoid of toilet tissue, Kleenex, and paper towels than I ever have before. I’m sure that you have all been inundated with emails from your bank, vet, accountant, favorite restaurant and more, about COVID-19 and what changes ...
Landlords Are Allowed, and Even Required, To Provide Answers To A Census Taker About Their Tenants
With the census fast approaching, I have been getting many questions from clients as to whether or not they must provide census workers with information about their tenants.The short answer to the question is "yes." If a census taker has attempted to contact and obtain answers to the census questions from your tenant, and been unable to do so, the census taker is allowed to, and in fact is required to, contact the ...
HUD Issues It's Guidance Memo Regarding How To Evaluate A Tenant/Applicant's Request for An Assistance Animal But Fails to Provide Much Clarity
On January 28, 2020 HUD published its Memorandum/Notice on how best to assess a tenant/applicant’s request to keep an assistance animal as a reasonable accommodation under the Fair Housing Act.You can find the entire memorandum here.HUD had been promising for months to publish a notice/memorandum that would provide landlords with some clarity when it came to health care provider letters purchased online to support a tenant’s request to ...
Wisconsin Landlords Cannot Require a Tenant to Pay A Non-Refundable Pet Deposit
Wisconsin law does not allow a landlord to charge a tenant a non-refundable pet deposit.I know of some landlords that require tenants with a pet to post both a non-refundable pet deposit (to cover the cost of cleaning the carpets to remove dander) and a refundable pet deposit (to cover any damage caused by the pet). Unfortunately, non-refundable pet deposits are not allowed in Wisconsin because they meet the definition ...
The Next LANDLORD BOOT CAMP will be held on April 25, 2020.
The 21st Landlord Boot Camp will be held on Saturday, April 25, 2020.To sign up now you can go to www.LandlordBootCamp2020.com or you can call the AASEW directly at (414) 276-7378 or email Joyce at joannajoyceb@gmail.comBelow are more details about the event.ThanksTThe Apartment Association of Southeastern Wisconsin's Landlord Boot Camp can help you navigate these treacherous waters and learn how to run your properties with less hassles.WHO: Taught by ...
GUEST POST: Short-Term Rentals Are More Complex Than You Think. Are They Right for You?
This is a guest post by Atty. Jennifer M. Hayden of Petrie + Pettit S.C.With the rise of short-term rental (STR) sites like Airbnb, Homeaway, and VRBO, you may be wondering if turning your home or rental property into a short-term rental is the way to go. There are many benefits to short-term rentals including an increased income stream and as a result, many are considering making the switch. However, ...
The Next Landlord Boot Camp Is Right Around The Corner on October 26, 2019
Autumn is just around the corner and that means Landlord Boot Camp is right around the corner. This will be the 20th Boot Camp that I have taught for the AASEW and it will be held on Saturday, October 26, 2019.To sign up now you can call or email Kathy at (414) 276-7378 or kathy@AASEW.org or sign up online at www.LandlordBootCamp2019.comBelow are more details about the event.ThanksTThe Apartment Association of ...
How Long Should A Landlord Save A Tenant's Lease and Other Rental Documents?
A while ago I wrote a post in which I recommended that landlords retain a denied rental applicant's application and related paperwork for at least 2 years from the date of denial. This post will focus on the situation where the landlord has accepted the applicant, the applicant was your tenant, and now their tenancy has ended for whatever reason. Under this scenario, how long should a landlord hold on ...
GUEST POST: Wisconsin Rental Income Standards and Section 8 Rent Vouchers
Guest post from Tim Ballering - justalandlord.com~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~From a Fair Housing perspective, you probably must account in some manner for the value of the Section 8 payment when calculating an income multiplier guideline.I’ve read of the argument made in other jurisdictions that if an owner is using a rent multiplier, that it should be on net rent to the tenant. This is probably not a workable answer for either tenant ...
A Few More Spots Are Left for Saturday's Landlord Boot Camp
Hi All -- We have a few more spots left for Saturday's Landlord Boot Camp. Info is below. Hope to see many of you there. If you don't want to attend because of the wealth of information that you will receive as well as the great resource materials, then attend for the free lunch ; )TI wanted to let everyone know that the next Landlord Boot Camp will be held ...
Part 2: Landlords Can Be Liable for the Discriminatory Acts of Their Tenants
I received an email from a reader regarding my last post about the Wetzel case. The reader essentially asked me what a landlord could do to make sure that they do not become liable for the discriminatory acts of their tenants like what happened to the landlord in the Wetzel case.While I cannot give legal advice (i.e. applying the law to a certain set of facts) via this blog, I ...
Landlords Can Be Liable for the Discriminatory Acts of Their Tenants
Perhaps one of the most important cases to be published in 2018 affecting landlord-tenant law was the Seventh Circuit Court of Appeals case of Wetzel v. Glen St. Andrew Living Community, LLC, 2018 WI 4057365 (7th Cir. Aug 27, 2018). In the Wetzelcase the Seventh Circuit (which includes Wisconsin) held that a landlord may be liable under the Fair Housing Act (FHA) for failing to protect a tenant from ...
The Next Landlord Boot Camp Will Be Held on Feb. 9, 2019
Happy New Year Everyone - I hope that everyone had an enjoyable and safe holiday season.I wanted to let everyone know that the next Landlord Boot Camp will be held on Saturday, February 9, 2019.One new topic that I will discuss is Milwaukee County's new ordinance creating a new protected class for tenants with rental vouchers. I will be explaining the new ordinance and what a landlord can and cannot do with regard ...
How Long Should You Retain A Denied Rental Application?
I am often asked by landlords and rental property managers how long they should hold on to the rental applications of applicants that were denied. The answer to that question depends on something called the "statute of limitations." A statute of limitation is a law which sets the maximum period of time in which a person can wait before filing a claim/complaint or lawsuit against another person.The statute of limitations for a ...
Less Than One Month Until AASEW's Landlord Boot Camp on October 20, 2018.
Hello Everyone –There is less than 1 month left until the next Landlord Boot Camp which is scheduled for October 20, 2018.One new topic that I will discuss is Milwaukee County's new ordinance creating a new protected class for tenants with rental vouchers. I will be explaining the new ordinance and what a landlord can and cannot do with regard to this new protected class.I also will be discussing the new ...
Milwaukee County Passes Ordinance Making "Receipt of Rental or Housing Assistance" A Protected Class
On June 21, 2018 the Milwaukee County Board of Supervisors passed a county ordinance amending Chapter 107 of the County Code of Ordinances (which deals with Fair Housing) adding "receipt of rental or housing assistance" as a protected class. The ordinance went into effect as of July 19, 2018. The Milwaukee County's Office of Corporation Counsel shall be responsible for enforcement. The revised ordinance defines "receipt of rental or housing assistance" ...
VIDEO: Interview Summarizing Key Points of Wisconsin's Latest Landlord-Tenant Law - Act 317
I recently had the opportunity to present a continuing legal education (CLE) webinar for the State Bar of Wisconsin on the recent passage of Act 317 - Wisconsin's latest Landlord-Tenant law changes. After the webinar, which is primarily for attorneys, I was interviewed by the State Bar about some of the highlights from Act 317 and they were nice enough to allow me to include the video on by blog
New and Improved Residential Rental Agreement Form Available Now
As many of you know, there was a large Landlord-Tenant law that was enacted last month. If you were not aware of this you should take a look at my earlier post on Act 317. As a result of that new law, it was necessary for me to add a new section to the Residential Rental Agreement forms (Forms 19 and 19L) that I draft and which are sold ...
New Landlord-Tenant Law - Act 317 - Is Effective on April 18, 2018.
On April 16, 2018 Governor Walker signed into law 2017 Wisconsin Act 317 which is Wisconsin's newest Landlord-Tenant law. The law was published yesterday, April 17th, which means that it will become effective tomorrow, April 18, 2018.It is a very large law -- 8 1/2 pages long -- too much for me to cover in this post. I have chosen to focus on the portions of the law ...
GUEST POST: A Brief Overview of Wisconsin Options To Purchase
By Attorney David J. Espin of Petrie + Pettit S.C.Many landlords in Wisconsin are looking for ways to persuade their tenants to put some “skin in the game," and eventually to purchase the property they are renting. Tenants with a financial stake in the property will often take better care of the premises, and are less likely to walk away from their lease obligations. In order to accomplish this, landlords ...