Tristan’s Landlord-Tenant Law Blog
Who CARES? - Status on the Coronavirus Aid, Relief, and Economic Security (CARES) Act
By Atty. Gary Koch of Petrie + Pettit S.C.The Coronavirus Aid, Relief and Economic Security Act (“CARES Act”) was signed into law on March 27, 2020, bringing many new wrinkles to the residential real estate rental practice. While several of its provisions have expired, specifically those regarding eviction moratoria, one particular provision lingers without an apparent sunset. Section 4024(c)(1) of the CARES Act requires that “[t]he lessor of a covered ...
ALL NEW Landlord Boot Camp On Demand Available
Hello. I am excited to announce that my latest Landlord Boot Camp — recorded November 13, 2021 — is now available as an On Demand video series. The benefits of this On Demand format are many.You can choose just the video(s) that you are interested in, or the entire seminar.You can watch the videos from the safety and convenience of your own home or office during the rental period.*You will receive ...
CDC Eviction Moratorium Struck Down By U.S. Supreme Court
Late Thursday, August 26th, the U.S. Supreme Court struck down the CDC's latest version of the Eviction Moratorium which was set to expire on October 3, 2021. The Supreme Court's conservative majority stated that the temporary eviction ban exceeded the CDC's authority to combat communicable diseases, which resulted in landlords' having to bear the pandemic's costs, much to their detriment. The Court wrote that "The moratorium has put . . . ...
Petrie + Pettit Welcome Attorney Gary Koch to its Landlord-Tenant Law Team
I am excited to announce that Attorney Gary Koch has joined the Landlord-Tenant Law team at Petrie + Pettit starting August 30th.With nearly 20 years of experience, Gary D. Koch joins the Petrie + Pettit S.C. team to assist primarily with its Real Estate Law practice group, focusing on landlord-tenant law. Attorney Koch has represented landlords for over 10 years, has spent his career handling debtor and creditor matters, and ...
CDC Announces A New, Temporary, Limited Eviction Moratorium Through October 3rd for Counties With Substantial and High Rates of Covid Transmission
Well that didn't take long. Not even two full business days after the CDC's Eviction Moratorium ended and now we have another moratorium in place. On Tuesday, August 3, 2021 at the direction of President Biden, the CDC announced a new, temporary, limited federal eviction moratorium through October 3, 2021. This new Order is limited to counties that have a substantial or high rate of community spread of Covid. ...
The CDC's Eviction Moratorium Has Finally Ended . . . Now What?
The CDC's eviction moratorium finally ended at midnight on July 31, 2021. The moratorium could not be extended due to the U.S. Supreme Court's decision that the CDC exceeded its statutory powers and didn't have the right to issue an eviction moratorium in the first place. Thus, any future federal moratorium will need to be created by Congress via legislation. Congress tried to organize something in an attempt to pursue legislation late last ...
CDC Extends Eviction Moratorium Another Month
We have just learned that the CDC will extend the Moratorium another 30 days through the end of July. It has been reported that this is the last extension of the moratorium that will be granted by the CDC.There is now the possibility that the U.S. Supreme Court could rule on the lawsuit brought against the CDC for overreaching with the CDC moratorium. If the Supreme Court were to rule against ...
U.S. District Judge Overturns CDC's Eviction Moratorium But Stays Decision Pending Appeal
By Attorney Jennifer M. Hayden of Petrie + Pettit S.C.As you may have heard, on Wednesday, May 5th, a U.S. District Judge in Washington D.C., the Honorable Dabney Friedrich, overturned the Center for Disease Control and Prevention’s nationwide eviction moratorium and then a few days later granted the U.S. Department of Justice's Emergency Stay Pending Appeal. This effectively "holds" Judge Friedrich's ruling until such time as the appellate ...
FTC States That Landlords That Evict or Threaten to Evict Tenants Without Advising Them of Their Rights Under Eviction Moratoria May Be Engaging in Deceptive and Unfair Practices
On March 29, 2021, the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) issued a joint statement saying that Landlords that evict or threaten to evict Tenants without advising the Tenants of their rights under the various eviction moratoria may be engaging in deceptive and unfair practices and will be monitored and investigated. The FTC and CFPB added that there have been "reports that major multistate landlords ...
Attend The Next LANDLORD BOOT CAMP on May 15, 2021 and Learn the Latest on the CDC Eviction Moratorium, Emergency Rental Assistance and More
My next Landlord Boot Camp for the AASEW will be held on Saturday May 15, 2021.Join me at the next Boot Camp and learn the latest about the latest extension of the CDC's Eviction Moratorium until June 30, 2021, status on the Emergency Rental Assistance Payments, and more while also enjoying the advantages of the new virtual format.Attendees will receive a searchable 100 page + PDF Boot Camp manual, ...
CDC Extends Eviction Moratorium Until June 30, 2021
On Monday, May 30, 2021, the CDC Issued an Order extending the Eviction Moratorium until at least June 30, 2021.The "guts" of the Order remain the same from the November 2020 Order which I have previously discussed in an earlier blog post.Some of the modifications that were made in this most recent Order include the following:1. Moratorium is extended until June 30, 20212. A signed Declaration by a ...
NOW AVAILABLE: Landlord Boot Camp On-Demand
Hello. I am excited to announce that my latest Landlord Boot Camp recording is now available as an On Demand video series. The benefits of this On Demand format are many.You can choose just the video(s) that you are interested in, or the entire seminar.You can watch the videos from the safety and convenience of your own home or office during the rental period.*You will receive the searchable PDF ...
THE MONEY IS FINALLY HERE . . . Learn How To Access Wisconsin's Emergency Rent Assistance Payments
As I am sure many of you have heard, back in December the Federal government agreed to set aside $25 Billion dollars for Rent Assistance as a result of Covid. Of that large amount, Wisconsin was allocated a total of $386,777,591.50 to be divvied up as follows:1. Brown County - $7,907,949.302. Dane County - $8,579, 734.303. City of Madison - $7,762,609.604. Milwaukee County - $10,629,017.80 -- (to be distributed by Community Advocates)5. City ...
A Nicely Done News Report Explaining How the Eviction Moratorium is Negatively Affecting Both Tenants AND Landlords
I was interviewed by Reporter Caroline Reinwald of ch. 12 WISN yesterday on the CDC eviction moratorium and how it is negatively affecting both Tenants AND Landlords. I thought Caroline did a very nice job of explaining the pains felt by both sides and was happy to be interviewed for the report.
The Landlords' Side of the Story
Have you noticed that landlords tend to be portrayed as evil and uncaring? I'm reading lots of so-called news articles (that really are nothing but opinion pieces) with such sentiments. The media also tend to treat all landlords as large companies making lots of money at the expense of tenants. Did you know that the vast majority of landlords throughout the U.S. are small "mom & pop" landlords that own ...
GUEST POST: Milwaukee Rental Housing Resource Center - A Collaboration
By Tim Ballering (justalandlord.com)Yesterday's new contained many articles on Milwaukee’s Rental Housing Resource Center which is a collaboration to help both renters and housing providers. This was project was envisioned and started a couple of years ago. It became more relevant with the COVID economic crisis that has impacted the ability of folks to pay rent and avoid eviction.The partners are a very diverse group: Community Advocates, Legal Aid, ...
LANDLORD BOOT CAMP 2020 - How to Navigate the CDC Eviction Moratorium and More
We are excited to announce Attorney Tristan Pettit’s Landlord Boot Camp will be held on Saturday, November 14th.Due to the CDC National Eviction Moratorium, we delayed this event so that we could include the most timely information on navigating the current CDC Moratorium and other COVID-19 related issues affecting Landlord-Tenant law.The Saturday, November 14th event will be held as a live-streamed webinar from 8:30 AM -5:00 PM with live ...
GUEST POST: CDC Attorneys State That Landlords Can Challenge Tenants' Declarations In State Eviction Court
This is guest post written by Tim Ballering (JustALandlord.com)The CDC attorneys have stated in federal court that owners are permitted to file evictions as well as challenge the veracity of a tenant's CDC Declaration. The CDC argues that owners can even obtain an eviction judgment, as long as the physical move is stayed until the end of the moratorium.Most importantly, the Order does not prevent a landlord from filing an ...
CDC and HHS Issue Order for Temporary Halt In Residential Evictions to Stop The Spread of COVID-19
On September 1, 2020, the Centers for Disease Control and Prevention (CDC) and Department of Health and Human Services (HHS) published an Agency Order temporarily stopping all residential evictions in the United States, in order to prevent the spread of COVID-19.What Are the Effective Dates of this Order?This order became effective immediately upon publication (presumed to be Sept 4, 2020) and continues through December 31, 2020.What Is Prohibited under ...