Tristan’s Landlord-Tenant Law Blog
Residential Rental Evictions Down 30% Statewide
We have all heard reports that say residential rental evictions surged due to the Wisconsin eviction moratorium expiration in May. When you look at a small time period (like the number of evictions that were filed after a 2+ month moratorium) you can always find numbers that will support your narrative. However, the real numbers show a 30% decline for the first six months of 2020 versus 2019. How can ...
Milwaukee Common Council Approves Legislation Requiring Lead-Safe Certification Before a Property can Be Rented To Public
On July 7, 2020, the full City of Milwaukee Common Council approved legislation to create a program certifying that rental properties are lead-safe before they can be rented to tenants.Authored by Alderman Ramsey, this resolution directs the Department of Administration-Intergovernmental Relations Division to seek the introduction and passage of state legislation that would permit the City of Milwaukee to create a program requiring rental property owners to certify that rental ...
Current State of Affidavits of Non-Compliance in Milwaukee County
Drafted by Atty. Jennifer M. Hayden of Petrie + Pettit S.C.As you may be aware, Milwaukee County Local Rule 3.85 requires that if the tenant did not sign the Stipulation in person in front of the court, or where the tenant made the first three payments due under the Stipulation and then defaulted, the Landlord must provide the tenant with notice before the court will issue a writ of ...
Court of Appeals Upholds Ability to Charge Landlords with a Misdemeanor for Failure to Return or Account for Security Deposit
Blog post written by Atty. Jennifer M. Hayden of Petrie + Pettit S.C.In State v. Troy R. Lasecki, the Court of Appeals upheld the ability of the District Attorney’s office to charge a Landlord with a misdemeanor for unfair trade practices for the failure to return or account for a tenant’s security deposit as required by law. In response to arguments that a Landlord doesn’t have notice he or she ...
Wisconsin's Eviction Moratorium Is Over. Now What?
Atty. Jennifer Hayden and I presented a webinar for the Wisconsin Realtor's Association (WRA) yesterday, May 28, 202, entitled "Wisconsin's Eviction Moratorium is Over. Now What?" In the webinar Jen and I provide an update on the following:Wisconsin rental Assistance Program (WRAP)DATCP's emergency order on charging late fees and penaltiesThe CARES ActBest Practices that Landlord and property managers may want to consider implementingEviction Court ChallengesIf you are interested in ...
When Are Landlords Able to Serve Notices Again and What is the Status of The Other COVID-19 Emergency Orders?
UPDATED 5-27-20Trying to keep track and make sense of the numerous state, county, and municipal orders not to mention the federal laws related to Coivd-19 is difficult at best. So, I thought I would put together this update so that everyone is on the same page.1Governor Evers’ Emergency Order # 15 – Temporary Ban on Notices, Evictions and the filing of Writs – ends on Tuesday, May 26, 2020. To ...
W.R.A.P it up with a Bow? The Wisconsin Rental Assistance Program
By Attorney Jennifer Hayden of Petrie + Pettit S.C.The Division of Energy, Housing, and Community Resources has partnered with the Wisconsin Community Action Program Association to provide “direct assistance” for struggling Wisconsin tenants by way of 25 million dollars allocated to agencies across the state. Tenants who meet certain income and need eligibility can apply for the funds through the Wisconsin Community Action Program Association which will then issue payment ...
The Wisconsin Supreme Court Struck Down Governor Evers’ Stay-At-Home Order, So I Can Now Serve Notices Terminating Tenancy and File Evictions, Right?
Written by Attorney Jennifer Hayden of Petrie + PettitThe Wisconsin Supreme Court struck down Governor Evers’ Stay-At-Home Order, so I can send notices terminating tenancy and file evictions, right?Ahhh, no. The Wisconsin Supreme Court’s decision is narrowly tailored to state that it is finding Emergency Order 28 to be unenforceable and focused much of its ire on “the assertion of power by one unelected official, Andrea Palm.” Conversely, it ...
WEBINAR: Landlording In The Time of Coronavirus
I hope that everyone is staying healthy, safe and sane. Attorney Jennifer Hayden (also of Petrie + Pettit) and I presented a 1 hour webinar for the Apartment Association of Southeastern Wisconsin (AASEW) on April 29, 2020 entitled "Landlording In The Time of Coronavirus." In the webinar, Jen and I spoke about the various Emergency Orders and Laws that impact Landlords, some "best practices" related to issues caused by the ...
DATCP's Temporary Emergency Rule Prohibiting the Charging of Late Fees Is In Effect
UPDATED on July 9, 2020On, April 25, 2020, with little publicity, the Department of Agriculture, Trade and Consumer Protection (DATCP) published a temporary emergency rule (20-R-02) modifying Wis. Admin Code ch ATCP 134 (“Residential Rental Practices”) creating a temporary prohibition on the charging of late fees or late rent penalties for any missed rent payments during the COVID-19 health emergency and during the 90 days following the health ...
CARES Act Eviction Restrictions Apply to More Landlords Than You Think
The following is a guest post written by Atty. Jennifer Hayden of Petrie + Pettit S.C. We’ve previously discussed the impact of the recent extension of the Stay at Home Order by Governor Evers. However, under Section 4024 of the CARES Act, Landlords who have residential tenants in a “covered dwelling” that participates in a “covered housing program” (as defined in section 41411(a) of the Violence Against Women Act of 1994 ...
An Update on Milwaukee County Small Claims Court
I know that everyone is anxious to learn when and how Milwaukee County will be proceeding with evictions in the future. I have attended several virtual Small Claims Bench/Bar Committee Meetings, which include attorneys representing both landlords and tenants as well as Milwaukee County Judges and Court Commissioners, and those issues are being discussed.Please understand that the courts do not have all of the answers at this point. This is ...
A Deep Dive Into Governor Evers’ Emergency Order #15 – Temporary Ban on Evictions and Foreclosures
My office has received a lot of questions about Governor Evers’ Emergency Order regarding a temporary ban on evictions and foreclosures in the last few days. There appears to be a lot of misunderstanding or confusion over the Order so I will attempt to clarify the Order and answer many of the questions that I have received.First off, it is important to keep in mind that all we know ...
3/27/20 - Further Update On Court Closures and Related Issues Pertaining to COVID-19
Things continue to be very fluid when it comes to eviction court and what the various counties are doing, or not doing, in lieu of the COVID-19 pandemic and the Governor’s Safer at Home Order.As you are aware from my earlier posts, Milwaukee County courts suspended in=person court proceedings through April 3, 2020 as a pandemic precaution.On March 22, 2020, the Wisconsin Supreme Court issued two Administrative Orders, ...
Governor Evers Prohibits Notices Terminating Tenancy and Eviction Actions for Sixty Days Unless There is Imminent Threat of Serious Physical Harm
Governor Evers issued an Order today prohibiting notices terminating tenancy, eviction actions and the filing of writs unless based on the imminent threat of serious physical harm to another person for the next sixty (60) days.In relevant part, the Order states as follows:1. Landlords are prohibited from serving any notice terminating a tenancy for failure to pay rent.2. Landlords are prohibited from serving any notice terminating a tenancy ...
GUEST POST: City of Milwaukee “Stay at Home” Order - UPDATED 4.28.20
This is a guest post from Atty. Jennifer Hayden of Petrie + Pettit S.C.As many of you know, the City of Milwaukee Commissioner of Health issued a “Stay at Home” Order effective at 12:01 a.m. on March 25, 2020. There is no specified end date or time. Except for the specific exceptions listed, all individuals currently living within the City of Milwaukee are ordered to stay at home or ...
Building Management and Building Maintenance Are Considered To Be "Essential" Under Governor's Emergency Safer At Home Order
On March 24, 2020, Governor Evers authorized Andrea Palm, Secretary-Designee for the Department of Health Services to Issue Emergency Order #12 entitled the Safer At Home Act.With regard to landlords and property managers, the Order states that those involved in building management and building maintenance are considered to be "essential" and therefore may leave their residence to provide services or perform work necessary to offer, provide, operate, maintain, and ...
Freddie Mac and Fannie Mae Offer Multifamily Property Owners Mortgage Forbearance If They Suspend All Evictions For Tenants Affected By The Coronavirus
On March 23, 2020 the Federal Housing Finance Agency (FHFA) announced that Freddie Mac and Fannie Mae will offer multifamily property owners mortgage forbearance with the condition that they they suspend all evictions for renters unable to pay rent due to the impact of the coronavirus.The eviction suspensions would need to remain in place for the entire duration of the time that the property owner remains in forbearance. The forbearance ...
GUEST POST: What Are Landlords Supposed To Do In This Age of COVID-19?
This is a guest post by Atty. Jennifer Hayden of Petrie + Pettit S.C.Updated on 3-24-20What the H*ll Are We Supposed to Do Now?We honestly have no idea. We are in uncharted waters. But we do know that under the shelter of each other, we all survive.These are our current suggestions based on the ever-changing information we are being provided with. Please let us know your thoughts, comments and ...
Update On Court Closures and Related Issues Pertaining to COVID-19 - UPDATED 3-19-20
UPDATED ON 3-19-20Here is the latest on the court closures - Milwaukee CountyMost of my firm’s pending eviction cases in Milwaukee County have been rescheduled for mid to late April.The Milwaukee County Sheriff is no longer executing any writs that were previously filed and they are no longer accepting the filing of any new writs. So, if your tenant is still living in the unit they will be allowed to do ...