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Tristan’s Landlord-Tenant Law Blog

Archive of: Evictions

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5 Day Notice Terminating Tenancy for Drug or Gang Nuisance In Wisconsin

Posted by admin in Evictions, Notices, Drug / Gang Nuisance / Comments

I thought I would try something new with this blog post.  I've imbedded a video clip from a seminar that I have given in the past.  Let me know what you think.This clip focuses on a very specific -- and often misunderstood --  type of 5 day notice in Wisconsin called a 5 Day Notice  for gang and/or drug ...

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SMALL CLAIMS BENCH/BAR MEETING: Milwaukee County Gives Clarification Regarding Including Late Fees In 5 Day Notices and Other Issues

Posted by Tristan R. Pettit, Esq. in Evictions, Late Fees, Notices, Milwaukee County / Comments

The Milwaukee County Small Claims court has reinstituted its monthly Bench/Bar meetings.  These meetings allow the Milwaukee County Small Claims Court, including Judge Jane Carroll (presiding small claims judge) and the court commissioners, to come together with attorneys that appear regularly in small claims court, to discuss issues and concerns.The most recent small claims bench/bar meeting was held on Monday, December 6, 2010.  I was able to attend the meeting ...

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Milwaukee County Eviction Court Schedule For The Holidays

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

For those of you scheduling evictions in Milwaukee County, eviction court will be closed on the following days:- Thursday, December 23, 2010- Friday, December 24, 2010- Thursday, December 30, 2010- Friday, December 31, 2010

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Self-Help Evictions (or Why You Should Not Remove The Roof In An Attempt To Evict Your Tenant)

Posted by Tristan R. Pettit, Esq. in ATCP 134, Evictions, Self-Help Evictions / Comments

I apologize for the delay in drafting a new post but this has been a crazy week with two trials in the early part of the week and another one tomorrow  (all tenants fighting evictions and none of these trials have been or will be easy).  But enough with the excuses . . .I saw a recent article about a landlord in Lusaka, Zambia (Africa) that actually attempted ...

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What Is The Effect On The Eviction Process If A Tenant Files Bankruptcy?

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

I have had a number of people ask me over the last several months to address what effect a tenant filing bankruptcy has on the eviction of that tenant.  I have been delaying writing that blog post and I apologize for that.  Bankruptcy is a tricky area of the law, and I am by no means an expert in bankruptcy law, but I will attempt to provide you with a general summary ...

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EXECUTION OF WRIT: Part 2 - The Details

Posted by Tristan R. Pettit, Esq. in Evictions, Milwaukee County, Execution of Writ / Comments

Last week I provided some basic information about what is involved in the execution of a writ of restitution (eviction) and how the process works.  With this week's post I wanted to provide everyone with some additional -- more detailed -- information about the execution process.  I attempted to group these tidbits of info by category.  Much of the information below is specific to Milwaukee County and the Milwaukee County ...

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EXECUTION OF WRIT: Part 1 - The Basics

Posted by Tristan R. Pettit, Esq. in Evictions, Milwaukee County, Execution of Writ / Comments

I have noticed a trend in the last several months of more and more tenants refusing to leave a landlord's rental property even after the landlord has obtained a judgment of eviction against the tenant and been issued a Writ of Restitution ("writ").  As a result of this trend more and more landlords are being forced to go through the process of having the writ executed.  The execution of the writ ...

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Judge Siefert to Rotate Out of Small Claims Division in August; Judge Carroll to Replace

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

Walking into the courthouse today I ran into an acquaintance of mine who works within the court system.  During our chat I learned that Judge John Siefert, who is currently presiding over the Small Claims Division (which includes all eviction actions) in Milwaukee County, will be rotating to a different calandar come August 1st. Judge Jane Carroll will be replacing Judge Siefert as the Small Claims judge.  Judge Carroll is currently presiding ...

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Finally, Some Legislation That Actually Assists Landlords - Senate Bill 607

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

Senators Plale, Hansen, and Lasee introduced Senante Bill (SB) 607 yesterday.  What a breath of fresh air it is to read this bill.  Rather then making landlords jump through more and more hoops to protect our tenants and rental property, this bill actually assists us in doing our jobs.  I am so used to blogging about proposed legislation that hurts (or at the very least hinders) landlords that this ...

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Milwaukee County Eviction Court to Alter Court Times During Flu Season

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

A friend of mine who works in the courthouse sent me an email today which she asked that I pass along to my clients and friends in the rental industry.  Apparently in an attempt to reduce crowding during the flu season Milwaukee Co. Eviction Court has decided to have certain plaintiffs, based on the spellling of their last name or company name, to appear on intial appearances at 3 pm rather ...

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