Tristan’s Landlord-Tenant Law Blog
A Summary of Landlord-Tenant Bills That Some In Madison Are Hoping to Get Passed in 2024
Below is a summary of the many Landlord-Tenant law bills that were drafted in late 2023 and are hoping to move forward in 2024. You will note that many of these bills are trying to undue the many laws that were passed between 2012-2018 (i.e., Act 143, Act 76, Act 176, and Act 317). Whether or not these bills have any real possibility to become law now, it is clear that there ...
How Does A Tenant's Bankruptcy Interfere with Your Eviction?
By Atty. Gary D. Koch of Petrie + Pettit S.C.A tenant's filing of a bankruptcy, whether it is a Chapter 7 or a Chapter 13, stops your eviction cold under most circumstances!Evictions are typically matters handled exclusively through the state court system, in whichever county the property is located. Every now and then, though, we have to make a trip to federal court to assist a landlord. This most frequently ...
I Think I Discovered a Fraudulent Tenant, What Can I do?
Drafted by Attorney Jennifer Hayden of Petrie + Pettit S.C. Identity theft or fraud for the purposes of renting an apartment is growing issue. We have heard there are social media pages dedicated to selling fraudulent identities to individuals specifically to rent apartments as well as sites that will produce fake paystubs, bank account information, credit reports and checks or money orders, along with the more traditional methods such as ...
Just A Few Days Left to Sign Up for Landlord Boot Camp this Saturday
There are only a few days left to sign up for Landlord Boot Camp which will take place this Saturday, November 4th from 8:30 am - 6 pmI will be covering everything that you need to know about residential landlord-tenant law in Wisconsin. We will be covering the all important basics like:Screening and Qualifying the Prospective Applicant and Fair Housing IssuesRental DocumentsATCP 134: Residential Rental Practice Rules and Security DepositsCauses ...
Proposed Anti-Landlord Legislation Being Shopped Around Seeking Co-Sponsors
Yesterday was a busy day for those legislators that are not fans of landlords or what we do as a profession. As if the rampant sealing of eviction records that is prevalent in Milwaukee County was not bad enough (so that future landlords will not be aware that an applicant had a recent eviction), below is a list of proposed legislation from Madison that is being passed around by the ...
FAQ Regarding The Recent Decision on the Sealing of Eviction Records by the Wisconsin Supreme Court
This FAQ blog post was written by Atty. Heiner Giese who is the attorney for the Rental Property Association of Wisconsin, Inc. (RPA) formally known as the Apartment Association of Southeastern Wisconsin (AASEW)The Wisconsin Supreme Court held an open administrative conference on October 9, 2023, to consider a petition (No. 22-03) filed by Legal Action of Wisconsin (LAW) concerning the retention of court records in eviction cases. Evictions are heard ...
Next LANDLORD BOOT CAMP will be November 4, 2023
My next Landlord Boot Camp for the Rental Property Association of Wisconsin, Inc. (formerly known as the AASEW) will be held on Saturday November 4, 2023. This Boot Camp will be in-person and streamed virtually. You choose the format that best serves you.There have been so many changes in how evictions and other Landlord-Tenant law matters are handled post COVID that I strongly recommend that you attend this Boot Camp ...
Governor Evers Signs Bipartisan Package of Affordable Housing Legislation
State of Wisconsin sent this bulletin at 06/22/2023 09:46 AM CDTFOR IMMEDIATE RELEASE: June 22, 2023Contact: GovPress@wisconsin.gov Gov. Evers Signs Bipartisan Package of Affordable Housing Legislation MADISON — Gov. Tony Evers today signed five bipartisan bills to help expand access to safe, affordable housing for working families, a ...
Attempt to Add Source of Income and Veteran Status As New Federal Protected Classes
Two U.S. Senators recently introduced a new federal bill that is being referred to as the "Fair Housing Improvement Act" (FHIA). The FHIA introduces two additional protected classes to the seven protected classes under the Fair Housing Act of 1968. The first proposal would make veterans of wars a new federal protected class.The second, would make "source of income" a new federal protected class. If "source of income" becomes a federal ...
Beware of Clauses Requiring More than 28-Days’ Notice to Terminate Month-to-Month Tenancies
By Atty. Gary D. KochClauses requiring tenants to provide 60-Day Notice to terminate a month-to-month tenancy are popular – we see them a lot in rental agreements. Recently, though, we have seen the Wisconsin Department of Agriculture, Trade and Consumer Protection take issue with such clauses in rental agreements in month-to-month tenancies that require the tenant to give anything more than a 28-Day Notice to terminate the tenancy.These DATCP challenges ...
Updated Nonstandard Rental Provision Form Available Now at Wisconsin Legal Blank
A new and updated version of the Nonstandard Rental Provisions (NSRP) form that I draft is available for purchase at Wisconsin Legal Blank. The need for the revisions were due to conversations that I had with the State (namely the Attorney General's Office) while defending a client of mine during a Civil Investigative Demand (CID). During our conversations, the AG's office informed me that it was their opinion that a NSRP ...
HUD Announces $3 Million Dollar Settlement with California Landlords for Discriminating Against Families With Children By Requiring Supervision and Prohibiting Outside Play
Earlier today, April 10, 2023, HUD announced that two of its housing partners reached a $3 Million settlement with a California property management company and more than 30 owners who were discriminating against families with children by prohibiting any outdoor play activities and requiring adult supervision of all children under the age of 14 years in all common areas. Its was alleged that tenants who violated those rules faced the threat ...
The Next Landlord Boot Camp Will Be Held on March 18, 2023
My next Landlord Boot Camp for the AASEW will be held on Saturday March 18, 2023. This Boot Camp will be in-person and streamed virtually. You choose the format that best serves you.Attendees will receive a searchable 100 page + PDF Boot Camp manual, making it easier to search and reference items in the future.A recording will be available to attendees for 14 days after ...
Landlord Boot Camp ON DEMAND: Newly Updated Video and Information Available
Hello. I am excited to announce that my latest Landlord Boot Camp — recorded November 2022 — 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 convenience of your own home or office during the rental period.*You will receive the ...
I Think That My Tenant Has Surrendered the Rental Unit, What Do I Do Now? PART 2: Abandoned Personal Property
If you are asking yourself this question, there are generally two main issues that you need to be concerned with: (1) Has the tenant surrendered the rental unit (i.e. vacated and has no need to come back to clean, pick up personal property, or for any other reason); and (2) Has the tenant abandoned any remaining personal property. In this post we will discuss the second issue: Has the tenant ...
I Think That My Tenant Has Vacated the Rental Unit, What Do I Do Now? PART 1: Surrender of the Rental Unit
In an ideal world, the tenant would return their keys, remove all personal property (including trash), and leave the rental unit spotless. Then it would be clear that the tenant has surrendered the rental unit and, as there wouldn’t be any personal property remaining, there would be nothing to debate its abandonment. Unfortunately, that rarely happens.In this situation, there are generally two main issues: (1) Has ...
The Next Landlord Boot Camp Will Be Held On Saturday, November 12, 2022
My next Landlord Boot Camp for the AASEW will be held on Saturday November 12, 2021. This Boot Camp will be in-person and streamed virtually. You choose the format that best serves you. Attendees will receive a searchable 100 page + PDF Boot Camp manual, making it easier to search and reference items in the future.A recording will be available to attendees for 14 days after the event to ...
Back To Basics - Notices Terminating Tenancy
By Atty. Gary D. KochA previous post discussed methods of service of notices terminating tenancy, leaving a discussion on the various notices that can be utilized for a later post. Welcome to that post!When a landlord is in a situation where a tenancy needs to be terminated, the landlord must provide the tenant with a notice terminating the tenancy. This termination can be for a variety of reasons, or ...
Back to Basics – Service of the Notice Terminating Tenancy
Drafted by Attorney Gary D. Koch of Petrie + Pettit S.C.Unfortunately, landlords sometimes find themselves in the situation where they have to terminate the tenancy of a residential tenant. There are a variety of notices that can be used to do so, and that is a topic for another day. This post is on how to serve a notice terminating tenancy.Wisconsin Statue §704.21 delineates the methods by which a landlord ...