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Tristan’s Landlord-Tenant Law Blog

Archive of: Evictions

The Nuts and Bolts of Emergency Assistance Stays

Posted by Tristan R. Pettit, Esq. in Evictions, Emergency Assistance / Comments

I recently had a client call me and advise that they received an Emergency Assistance letter and other documents from UMOS (one of the agencies that administer E.A. funds) for a client that they were in the process of evicting. Unfortunately, I had to advise the client that merely by the tenant having applied for Emergency Assistance, the eviction action would have to be "stayed" (i.e. delayed) per Wisconsin ...

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Milwaukee County Issues New Local Rule Regarding Stipulated Dismissals In Eviction Lawsuits

Posted by Tristan R. Pettit, Esq. in Evictions, Milwaukee County, Small Claims Court / Comments

Milwaukee County has created a new local rule regarding stipulated dismissals in eviction actions. The new rule is a big change from past practices and contains many details that if not followed correctly will prevent a landlord from obtaining an eviction judgment and writ of restitution if and when a tenant defaults under a stipulated dismissal.

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GUEST POST: An Important Eviction Case Heard By Wisconsin Supreme Court

Posted by Tristan R. Pettit, Esq. in Caselaw, AASEW, Evictions, Notices / Comments

An important eviction case heard by the WI Supreme Court Attorney Heiner Giese on behalf of the Apartment Association filed an Amicus brief with the WI Supreme Court supporting the City of Milwaukee Housing Authority in their case against Cobbs. This case was heard by the Supreme Court yesterday. Basically the case revolves around the federal “one strike and you're out" rule for Section 8 housing and the state of ...

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Act 76 - Wisconsin's New Landlord Tenant Law - Part 6: Alternative Disposition of Property During Eviction

Posted by Tristan R. Pettit, Esq. in Legislation, Evictions, Abandoned Property, Act 76 (SB 179) / Comments

Act 76, has amended sec. 799.45 Wis. Stats., and created new options for a landlord to dispose of a tenant's abandoned personal property after the writ has been executed by the Sheriff and the rental unit has been returned to the landlord's possession.Under the old law, if the rental property was located in a county with a population greater than 500,000 people, a landlord was required to hire a ...

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Act 76 - Wisconsin's New Landlord-Tenant Law - Part 4: Who May File An Eviction and Who May Appear In Court

Posted by Tristan R. Pettit, Esq. in Legislation, Evictions, LLC's, Small Claims Court, Act 76 (SB 179) / Comments

Act 76 which will become effective on March 1, 2014 has changed Wisconsin law with regard to who may file an eviction action and who can appear in court to prosecute an eviction.Current law only allows the person or entity "entitled to the possession of the property" to file an eviction action. Typically this would be the owner of the rental property. As such, a management company or ...

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ACT 76 - Wisconsin's New Landlord-Tenant Law - Part 3: Speeding Up the Eviction Process

Posted by Tristan R. Pettit, Esq. in Legislation, Evictions, City of Milwaukee, City of Madison, Act 76 (SB 179) / Comments

Several of the provisions of Wisconsin's New Landlord-Tenant law, Act 76 (SB 179), were created or amended to speed up the eviction process.  Evictions are supposed to be summary proceedings and per the Wisconsin Supreme Court (Scalzo v. Anderson, 87 Wis. 2d 834 (1979)) there are very limited number of issues permissible in an evictions action.  Nonetheless, tenants were finding ways to delay the process.  Hopefully Act 76 will resolve much of ...

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SB 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 ...

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AASEW MEETING: Eviction Court Essentials -- Monday, August 19, 2013

Posted by Tristan R. Pettit, Esq. in AASEW, Evictions, Milwaukee County / Comments

The AASEW's next meeting will be this coming Monday, August 19, 2013 at 7 pm at the Best Western in Brookkfield.The Apartment Association of Southeastern WI welcomes Milwaukee County Circuit Court Commissioner Cedric Cornwall as our main speaker at our August meeting.  With all of the recent law changes in the landlord-tenant law arena, Commissioner Cornwall will speak to the group on the preferred procedures to follow in eviction court ...

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CCAP Is Under Attack Again

Posted by Tristan R. Pettit, Esq. in Legislation, Evictions, Screening Tenants, CCAP / Comments

When Senator Marlin Schneider lost re-election a few years ago, I thought that the attacks against Wisconsin's Consolidated Court Automation Programs (CCAP) would disappear.  Well they did -- for a while.  But Senator Lena Taylor along with Representatives Goyke, Sargent, Kessler, Hebl and Pope haven taken up the torch and are trying to prevent the public from accessing CCAP once again via Senate Bill 234/Assembly Bill 253.These two bills were ...

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Next AASEW Meeting: Dr. Rent's Top Ten Landlording Pitfalls To Avoid - April 15th

Posted by Tristan R. Pettit, Esq. in AASEW, Evictions, Seminars, Property Management / Comments

The AASEW's next meeting will feature Dr. Rent's TOP TEN Landlording Pitfalls to AvoidWhen: Monday April 15th, 2013 at 7:00 p.m.Where: The Best Western, 1005 S. Moorland Road, Brookfield 53005Who: John "Dr. Rent" FisherCost: This meeting is free for current AASEW members, $25 for guests or expired membersBad things happen to good people.  When a good landlord falls victim to a bad tenant, we all know the results. Dealing with bad ...

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