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Tristan’s Landlord-Tenant Law Blog

Archive of: Evictions

Matt Desmond, Author of "Evicted" Has Some Detractors, Including Myself.

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

I apologize for getting on my soapbox here, but most of you are either landlords or spend more than 40 hours a week representing landlords or working with them. If you don't fall into one of the above categories, you probably will not want to read this blog post. I recommend that you read this recent article about Matt Desmond, the author of Evicted and now the author of ...

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How Does A Tenant's Bankruptcy Interfere with Your Eviction?

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

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 ...

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FAQ Regarding The Recent Decision on the Sealing of Eviction Records by the Wisconsin Supreme Court

Posted by Tristan R. Pettit, Esq. in Evictions, Sealing of Evictions / Comments

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 ...

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I Think That My Tenant Has Vacated the Rental Unit, What Do I Do Now? PART 1: Surrender of the Rental Unit

Posted by Tristan R. Pettit, Esq. in Evictions, Self-Help Evictions, Landlord Liability / Comments

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 ...

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Back To Basics - Notices Terminating Tenancy

Posted by Tristan R. Pettit, Esq. in Evictions, Notices, CARES Act / Comments

By Atty. Gary D. Koch A 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 ...

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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

Posted by Tristan R. Pettit, Esq. in Evictions, CDC Eviction Moratorium / Comments

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 ...

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CDC Extends Eviction Moratorium Until June 30, 2021

Posted by Tristan R. Pettit, Esq. in Evictions, COVID-19, CDC Eviction Moratorium / Comments

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, 2021 2. A signed Declaration by a ...

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THE MONEY IS FINALLY HERE . . . Learn How To Access Wisconsin's Emergency Rent Assistance Payments

Posted by Tristan R. Pettit, Esq. in Evictions, COVID-19, CDC Eviction Moratorium / Comments

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 - $7,907,949.30 2. Dane County - $8,579, 734.30 3. City of Madison - $7,762,609.60 4. Milwaukee County - $10,629,017.80 -- (to be distributed by Community Advocates) 5. City ...

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A Nicely Done News Report Explaining How the Eviction Moratorium is Negatively Affecting Both Tenants AND Landlords

Posted by Tristan R. Pettit, Esq. in Evictions, COVID-19, CDC Eviction Moratorium / Comments

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.

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The Landlords' Side of the Story

Posted by Tristan R. Pettit, Esq. in Evictions, COVID-19, CDC Eviction Moratorium / Comments

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 ...

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