Tristan’s Landlord-Tenant Law Blog
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Tristan’s Landlord-Tenant Law Blog
Archive of: Evictions
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Accepting 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 MoreJudge Mary Kuhnmuench Will Be New Small Claims/Eviction Judge in Milwaukee County
Posted by Tristan R. Pettit, Esq. in Evictions, Milwaukee County, Small Claims Court / Comments
In Milwaukee County we get a new small claims/eviction judge each year around August 1st or so. Most judicial rotations are three years long but for some reason --- possibly the high volume, tediousness, pro se litigants, stress level --- the small claims judge rotates every year.Milwaukee County's new small claims/eviction judge effective July 27, 2012, will be Mary M. Kuhnmuench. Judge Kuhnmuench is currently completing her rotation ...
Read MoreMilwaukee County Releases Dates That Eviction Court Will Be Closed in 2012
Posted by Tristan R. Pettit, Esq. in Evictions, Milwaukee County / Comments
Milwaukee County recently released all dates that Eviction Court will be closed in 2012. Most of them are obvious closings for holidays but there are a few that are not holiday-related.So make sure you don't schedule a return date in eviction court for any of these days:May 4, 2012May 28, 2012July 4, 2012September 3, 2012November 2, 2012November 23, 2012December 24, 2012December 25, 2012December 31, 2012
Read MoreYou Will Not Want To Miss AASEW's Fourth Annual Landlord Boot Camp on Saturday Feb. 25th
Posted by Tristan R. Pettit, Esq. in Tenant Damage, Credit Checks, AASEW, Lead-Based Paint, Fair Housing / Discrimination, Protected Classes, Evictions, Late Fees, Notices, Collections, Emergency Assistance, City of Milwaukee, Screening Tenants, Rental Agreements, Rental Documents, Seminars, Pets, Security Deposit, Milwaukee County, Property Management, Mitigation of Damages / Re-Renting, Untenantability, Execution of Writ, State of Wisconsin, Self-Help Evictions, Right of Entry, Reasonable Modifications, Reasonable Accommodations, Rejecting Rental Applicants, Walkthroughs, De Novo Hearings, Earnest Money, Landlord Liability, Small Claims Court, Holdover Damages, Roommates, Smoke Detectors / 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 of dollars.The Apartment Association of Southeastern Wisconsin's Fourth Annual “Landlord Boot Camp” can help you navigate these treacherous waters and teach you how to run your properties with greater profit and less hassles.I have given similar landlord-tenant law seminars to fellow attorneys, landlords, and property manager ...
Read MoreRevised Small Claims Summons Required To Be Used As of November 1, 2011
Posted by Tristan R. Pettit, Esq. in Evictions, Milwaukee County, Small Claims Court / Comments
In a prior post I explained that the small claims jurisdictional limit was increased from $5,000 to $10,000 as of July 1, 2011. This change has necessitated a revision to the mandatory small claims summons form that is required to be used when filing an eviction, replevin, and collection actions under $10,000 (as well as arbitrations confirmations and personal injury claims less than $5,000).So far, the Clerk of Courts has been accepting ...
Read MoreMilwaukee County Eviction Court Commissioner To Speak At Next AASEW Meeting on Oct. 17th
Posted by Tristan R. Pettit, Esq. in AASEW, Evictions, Milwaukee County / Comments
On Monday, October 17, 2011, Milwaukee County Eviction Court Commissioner Rosa Barillas will speak at the Apartment Association of Southeastern Wisconsin's general membership meeting.The meeting will start at 7 pm and be held at the Best Western Midway Hotel located at 1005 S. Moorland Road in Brookfield, WI.Commissioner Barillas will speak to the group about mistakes that she sees landlords make in eviction court and how they can ...
Read MoreFREE Landlord-Tenant Law Seminar - September 24th, 2011
Posted by Tristan R. Pettit, Esq. in Evictions, Notices, Seminars / Comments
I wanted to let you know about a FREE landlord-tenant law seminar that I will be presenting for the City of Milwaukee on Saturday, September 24, 2011.The seminar will start at 9am and run through 11:30 am or so. It will be held at the Anderson Building which is located at 4001 S. 6th Street – 3rd floor in Milwaukee.I will be covering three main topics:Causes for Eviction (including the ...
Read MoreSmall Claims Jurisdictional Limit Increased To $10,000
Posted by Tristan R. Pettit, Esq. in Tenant Damage, Legislation, Evictions, Small Claims Court / Comments
Wisconsin's small claims jurisdictional limit was increased from $5,000 to $10,000 effective July 1, 2011. This increase was included in Governor Walker's 2011-2013 Budget Bill.The jurisidictional limit for small claims in Wisconsin was set at $5,000 back in 1995 and has remained the same for 16 years.I see this as a positive change for debt collectors and potentially landlords. All eviction actions -- regardless of the amount of rent owed -- ...
Read MoreMilwaukee County Eviction Court "Odds & Ends"
Posted by Tristan R. Pettit, Esq. in Evictions, Milwaukee County / Comments
I wanted to update everyone about some recent news in Milwaukee County Eviction Court. Each of the items are too small for there own blog post, so I thought I would combine them as "Odds & Ends." This might be a regular blog post column in the future : )1. Out with the old and in with the new -- commissioners, that is.Most of the court commissioners that had been serving in small ...
Read MoreA Legal Explanation To Landlords About Who Can Appear In Eviction Court on Behalf of a LLC and Why
Posted by Tristan R. Pettit, Esq. in Evictions, LLC's / Comments
In the last few months I have been asked by many landlords why Milwaukee County will not allow members of an LLC to represent the LLC in eviction court. I would like to address this issue with the hope that I can shed some light on this subject.First, let’s deal with the elephant in the room which happens to be wearing a suit and carrying a briefcase (and writing this blog ...
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