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Archive of: ATCP 134
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SECURITY DEPOSIT TRANSMITTAL LETTERS: How To Draft A Legal 21-Day Letter
Posted by Tristan R. Pettit, Esq. in ATCP 134, Security Deposit / Comments
Security deposit withholding issues are the second most litigated area in landlord tenant law after evictions. If a landlord makes improper deduction from a tenant’s security deposit, pursuant to ATCP 134 and §100.20, Wis. Stats., the tenant may sue the landlord for double damages and attorney’s fees. There are numerous published Court of Appeals decisions in Wisconsin dealing with this exact issue. I would like to offer a ...
Read MoreWhat May A Wisconsin Landlord Legally Deduct From A Tenant’s Security Deposit?
Posted by Tristan R. Pettit, Esq. in ATCP 134, Security Deposit / Comments
I have received many calls from both landlords and managers over the years asking me if they are legally allowed to deduct X, Y, or Z from a tenant’s security deposit. I fielded such a question just last week – sounds like a good topic for a blog post.Wisconsin Administrative Code, ATCP 134.06(3) states that a landlord may deduct from a tenant’s security deposit for the following:1. Damage, waste, ...
Read MoreLandlords Should Not Play Games With Tenants' Security Deposits
Posted by Tristan R. Pettit, Esq. in Caselaw, Tenant Damage, ATCP 134, Security Deposit / Comments
A new landlord-tenant decision has been reccomended for publication. The case of Boelter v. Tschantz involves a tenant suing her past landlord for double damages and attorney’s fees for making improper deductions from her security deposit. The essential facts are as follows:1. Tschantz (the landlord) withheld money from the tenant's security deposit.2. The key deductions that were made were: (1) $323.84 for the tenant's water bill and (2) $85 to repair ...
Read MoreArticle and Video Regarding Recent Seminar On Advising and Defending Property Owners in Nuisance Actions
Posted by Tristan R. Pettit, Esq. in ATCP 134, Screening Tenants, Nuisance Properties, Seminars / Comments
On May 7, 2009 I spoke at the State Bar of Wisconsin Annual Convention. I was asked to speak at the Government Lawyer Division's seminar that focused on the topic of neighborhoods and nuisance properties. Specifically I was asked to speak on advising and defending property owners that have nuisance properties.The State Bar recently published a nice article summarizing my seminar presentation which was published through its online Inside Track newsletter. ...
Read MoreATCP 134: THE 7 DEADLY SINS - 7 PROHIBITED RENTAL PROVISIONS
Posted by Tristan R. Pettit, Esq. in ATCP 134, Rental Agreements, Rental Documents / Comments
04/16/15 - UPDATE - This blog post has been updated by a new blog post dated 04/16/15 and entitled THE 10 DEADLY SINS: 10 PROVISIONS THAT LANDLORDS ANNOT INCLUD IN THEIR WISCONSIN RESIDENTIAL RENTAL AGREEMENT Did you know that if you have an illegal provision in your rental agreement that the entire agreement may be unenforceable? Unfortunately this is true. In the case of Baierl v. McTaggart the Wisconsin ...
Read MoreLATE FEES - PART 2: ATCP 134 REQUIREMENTS
Posted by Tristan R. Pettit, Esq. in ATCP 134, Late Fees / Comments
Late fees are a necessary evil for landlords aw we often need some type of "hammer" to hold over the heads of tenants who pay rent late. With this post I want to provide you with some additional information on the requirements that must be met with regard to late fees as specified in ATCP 134 of the Wisconsin Administrative Code.A Bit of History:In the past - prior to ATCP ...
Read MoreLATE FEES - PART 1: WHAT AMOUNT CAN YOU CHARGE?
Posted by Tristan R. Pettit, Esq. in Caselaw, ATCP 134, Late Fees / Comments
Many of my clients ask me what amount they should charge a tenant who is late in paying rent. Many also wonder if there is a maximum amount beyond which they would not be allowed to charge as a late fee.The only legal guidance we have as to what amount is acceptable as a late fee is the case of Three & One Co. v. Geilfuss, 178 Wis.2d 400, 504 N.W. ...
Read MoreATCP 134 RULES ON CREDIT CHECK/REPORT FEES
Posted by Tristan R. Pettit, Esq. in ATCP 134, Credit Checks / Comments
ATCP 134 contains specific rules regarding when and how a landlord can charge a rental applicant for the cost of their credit report. As background, ATCP 134 is the chapter of the Administrative Code of Wisconsin that sets forth 21 requirements that Landlords must follow or else risk getting sued for double damages and attorney's fees by the applicant or tenant.The applicable portion of the rules regarding credit checks is ...
Read MoreATCP 134 - RESIDENTIAL RENTAL PRACTICES
Posted by Tristan R. Pettit, Esq. in ATCP 134 / Comments
If you are a landlord are you familiar with ATCP 134? If not, you definitely need to be. ATCP 134 is a chapter of the Wisconsin Administrative Code that applies to residential rental practices. While these rules were updated in 1998 many well-intentioned landlords are still unfamiliar with their provisions and the rather extreme consequences that may result if you fail to abide by them.The most overlooked - and ...
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