Tristan’s Landlord-Tenant Law Blog
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Tristan’s Landlord-Tenant Law Blog
Archive of: Act 143 (Landlord's Omnibus Law)
The 10 Deadly Sins: 10 Provisions That Landlords Cannot Include in Their Wisconsin Residential Rental Agreements
Posted by Tristan R. Pettit, Esq. in Rental Agreements, Rental Documents, Act 143 (Landlord's Omnibus Law), Act 76 (SB 179) / Comments
With the passage of Act 143 (2012) and Act 76 (2014) the legislature has created several new provisions that a Residential Landlord cannot include in his Rental Agreement. There are currently 10 items, which I affectionately refer to as the "10 Deadly Sins" that if they are included in your Wisconsin residential rental agreement will render the agreement void and unenforceable.In my representation of landlords over the past 20 ...
Read MoreJUST ANNOUNCED: AASEW's Next Landlord Boot Camp - Saturday, March 8, 2014
Posted by Tristan R. Pettit, Esq. in AASEW, Seminars, Act 143 (Landlord's Omnibus Law), Act 76 (SB 179), Landlord Boot Camp / Comments
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.The Apartment Association of Southeastern Wisconsin's 9th “Landlord Boot Camp" can help you navigate these treacherous waters and learn how to run your properties with greater profit and less hassles.Who: Taught by Attorney Tristan Pettit, ...
Read MoreACT 76 - Wisconsin's New Landlord-Tenant Law - Part 1: Background and Overview
Posted by Tristan R. Pettit, Esq. in Legislation, Act 143 (Landlord's Omnibus Law), Act 76 (SB 179) / Comments
Senate Bill 179, which is commonly referred to as the "Landlord-Tenant Law Bill," is on its way to becoming law in the near future. For many of us it has been a long wait.After initially being introduced in the Wisconsin Senante on May 8, 2013, the Senante concurred to some changes made to SB 179 by the Assembly on October 16, 2013. It is expected that Governor Walker will sign ...
Read MoreWhy I Am So Excited About This Saturday's AASEW Landlord Boot Camp
Posted by Tristan R. Pettit, Esq. in AASEW, Legislation, Seminars, Act 143 (Landlord's Omnibus Law), Act 76 (SB 179), Landlord Boot Camp / Comments
I am really excited about this Saturday's AASEW Landlord Boot Camp. Why you ask? Well let me tell you.Just last week the Senate in Madison passed SB 179 which is a very large and sweeping revision to much of landlord-tenant law in Wisconsin. This bill not only cleans up the unintended consequences of last years Act 143, it also makes some major changes such as:- Applies the ...
Read MoreSB 179 ("Landlord-Tenant Bill") Is On It's Way To Governor Walker To Be Signed Into Law
Posted by Tristan R. Pettit, Esq. in AASEW, Legislation, Evictions, State of Wisconsin, Small Claims Court, Act 143 (Landlord's Omnibus Law) / Comments
At about 6:40 pm on October 16, 2013, SB 179 (commonly referred to as the Landlord-Tenant Bill) was concurred by the state Senate after a minor amendment was made in the state Assembly earlier. The bill passed 18-15 despite attempts to delay the bill via a motion to non-concur. The bill now goes to the Governor who has 30 days to "call" for the bill and sign it.If you would like to ...
Read MoreEast Side Landlord "Think Small" Seminar Event on March 13th
Posted by Tristan R. Pettit, Esq. in Screening Tenants, Seminars, Act 143 (Landlord's Omnibus Law) / Comments
Make plans to attend the fourth East Side Landlord Think Small event hosted by UWM! This event is free and open to all interested landlords, with a special focus on Milwaukee's East Side.This spring's event promises to be very engaging with featured presenter Attorney Tristan Pettit, who focuses his practice on representing landlords and management companies in landlord-tenant law matters.Topics will include screening potential tenants and recent updates to landlord-tenant laws ...
Read MoreAccepting Past Due Rent After Termination of Tenancy: The New Law and Traps To Avoid
Posted by Tristan R. Pettit, Esq. in Legislation, Evictions, Notices, Act 143 (Landlord's Omnibus Law) / Comments
The Landlord's Omnibus Law (Act 143) introduced a new statutory section to Chapter 799 regarding situations when a landlord accepts past due rent from a tenant after the tenant's tenancy has been terminated. Newly created sec. 799.40(1m) states as follows:If a landlord commences an action under this section against a tenant whose tenancy has been terminated for failure to pay rent, the action under this section may NOT be dismissed solely because ...
Read MoreLearn About Wisconsin's New Landlord-Tenant Law At AASEW's Next Meeting on June 18th.
Posted by Tristan R. Pettit, Esq. in AASEW, Legislation, Act 143 (Landlord's Omnibus Law) / Comments
You will not want to miss the Apartment Association of Southeastern Wisconsin's next membership meeting on June 18, 2012. The focus of the meeting will be on Wisconsin's new Landlord Omnibus law (Act 143).The passage of this new law in late March made a lot of changes to landlord tenant law in Wisconsin - both residential and commercial. Landlords and management companies will need to make modifications to ...
Read MoreSo Are Illegal Provisions In Wisconsin Residential Rental Agreements Severable Or Not?
Posted by Tristan R. Pettit, Esq. in Legislation, Rental Agreements, Rental Documents, Act 143 (Landlord's Omnibus Law) / Comments
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 ...
Read MoreWhat Can A Landlord Do With A Tenant's Abandoned Personal Property Under Wisconsin's New Law?
Posted by Tristan R. Pettit, Esq. in Act 143 (Landlord's Omnibus Law), Abandoned Property / Comments
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 ...
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