Tristan’s Landlord-Tenant Law Blog
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Tristan’s Landlord-Tenant Law Blog
Archive of: Evictions
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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 ...
Read MoreGUEST POST: Milwaukee Rental Housing Resource Center - A Collaboration
Posted by Tristan R. Pettit, Esq. in AASEW, Evictions / Comments
By Tim Ballering (justalandlord.com) Yesterday's new contained many articles on Milwaukee’s Rental Housing Resource Center which is a collaboration to help both renters and housing providers. This was project was envisioned and started a couple of years ago. It became more relevant with the COVID economic crisis that has impacted the ability of folks to pay rent and avoid eviction. The partners are a very diverse group: Community Advocates, Legal Aid, ...
Read MoreGUEST POST: CDC Attorneys State That Landlords Can Challenge Tenants' Declarations In State Eviction Court
Posted by Tristan R. Pettit, Esq. in Evictions, COVID-19, CDC Eviction Moratorium / Comments
This is guest post written by Tim Ballering (JustALandlord.com) The CDC attorneys have stated in federal court that owners are permitted to file evictions as well as challenge the veracity of a tenant's CDC Declaration. The CDC argues that owners can even obtain an eviction judgment, as long as the physical move is stayed until the end of the moratorium. Most importantly, the Order does not prevent a landlord from filing an ...
Read MoreCDC and HHS Issue Order for Temporary Halt In Residential Evictions to Stop The Spread of COVID-19
Posted by Tristan R. Pettit, Esq. in Evictions, COVID-19, CDC Eviction Moratorium / Comments
On September 1, 2020, the Centers for Disease Control and Prevention (CDC) and Department of Health and Human Services (HHS) published an Agency Order temporarily stopping all residential evictions in the United States, in order to prevent the spread of COVID-19. What Are the Effective Dates of this Order? This order became effective immediately upon publication (presumed to be Sept 4, 2020) and continues through December 31, 2020. What Is Prohibited under ...
Read MoreResidential Rental Evictions Down 30% Statewide
Posted by Tristan R. Pettit, Esq. in Evictions / Comments
We have all heard reports that say residential rental evictions surged due to the Wisconsin eviction moratorium expiration in May. When you look at a small time period (like the number of evictions that were filed after a 2+ month moratorium) you can always find numbers that will support your narrative. However, the real numbers show a 30% decline for the first six months of 2020 versus 2019. How can ...
Read MoreThe Wisconsin Supreme Court Struck Down Governor Evers’ Stay-At-Home Order, So I Can Now Serve Notices Terminating Tenancy and File Evictions, Right?
Posted by Tristan R. Pettit, Esq. in Evictions, COVID-19 / Comments
Written by Attorney Jennifer Hayden of Petrie + Pettit The Wisconsin Supreme Court struck down Governor Evers’ Stay-At-Home Order, so I can send notices terminating tenancy and file evictions, right? Ahhh, no. The Wisconsin Supreme Court’s decision is narrowly tailored to state that it is finding Emergency Order 28 to be unenforceable and focused much of its ire on “the assertion of power by one unelected official, Andrea Palm.” Conversely, it ...
Read MoreUpdate On Court Closures and Related Issues Pertaining to COVID-19 - UPDATED 3-19-20
Posted by Tristan R. Pettit, Esq. in Evictions, COVID-19 / Comments
UPDATED ON 3-19-20 Here is the latest on the court closures - Milwaukee County Most of my firm’s pending eviction cases in Milwaukee County have been rescheduled for mid to late April. The Milwaukee County Sheriff is no longer executing any writs that were previously filed and they are no longer accepting the filing of any new writs. So, if your tenant is still living in the unit they will be allowed to do ...
Read MoreMilwaukee County Orders Emergency Temporary Orders Closing Eviction Court Due to COVID-19 Pandemic.
Posted by Tristan R. Pettit, Esq. in Evictions, COVID-19 / Comments
Well this has certainly been an “interesting” few days . . . and I assume that it will continue for the unknown future. I know that I have seen more empty store shelves devoid of toilet tissue, Kleenex, and paper towels than I ever have before. I’m sure that you have all been inundated with emails from your bank, vet, accountant, favorite restaurant and more, about COVID-19 and what changes ...
Read MoreThe 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 ...
Read MoreMilwaukee 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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