Tristan’s Landlord-Tenant Law Blog
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Tristan’s Landlord-Tenant Law Blog
Archive of: Evictions
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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 ...
Read MoreNewly Revised 5-Day Notice To Pay Rent or Vacate Now Available at Wisconsin Legal Blank
Posted by Tristan R. Pettit, Esq. in Evictions, Notices, Rental Documents / Comments
As many of you know I am the author of the set of Landlord-Tenant forms that are sold at Wisconsin Legal Blank Co., Inc. I am currently in the process of reviewing and updating all of the L-T forms as well as creating a few new ones. At this time however, I wanted to alert you that the revised 5-Day Notice to Pay Rent or Vacate is now available for sale at ...
Read MoreMILWAUKEE CO. SMALL CLAIMS COURT'S NEW POLICY REGARDING WHO MAY APPEAR IN COURT ON BEHALF OF A LLC WENT INTO EFFECT SEPTEMBER 1st.
Posted by Tristan R. Pettit, Esq. in Evictions, LLC's / Comments
I was attending the regular monthly meeting of Milwauke RING (Real Estate Investors Networking Group) last night and during the "open mic" portion of the meeting I reminded everyone that Milwaukee County Small Claims Court's new policy regarding who may appear in court (i.e. sign court documents and appear in court) went into effect yesterday, September 1, 2009. As I was walking back to my seat two people asked me ...
Read MoreHow To Legally Serve A 5-Day Notice To Pay Rent or Vacate
Posted by Tristan R. Pettit, Esq. in Evictions, Notices / Comments
There are basically 4 ways in which you can legally serve a tenant with a 5-Day Notice To Pay Rent or Vacate. First, you can personally serve the tenant with the notice. Second, you can serve them by what I refer to as a "substituted" service. Third, you can "post and mail" the notice to the tenant. Fourth, you can serve the tenant via certified or registered mail.Landlords in Wisconsin are legally allowed ...
Read MoreUpdate On Who May Represent A LLC in Eviction Court: New Rules To Start September 1st
Posted by Tristan R. Pettit, Esq. in Evictions, LLC's / Comments
Those of you that have been following my blog are aware that Milwaukee County Small Claims Court has indicated that it will not allow non-attorneys to represent LLC's in court in the near future.My earlier posts on this topic can be read here and here.A fellow board member from the AASEW informed me today that one of the owner's of a property he manages was handed the notice that ...
Read MoreMilwaukee's Chronic Nuisance Ordinance and It's Improper Use Against Landlords
Posted by Tristan R. Pettit, Esq. in AASEW, Evictions, City of Milwaukee, Nuisance Properties / Comments
The City of Milwaukee's Chronic Nuisance Ordinance (80-10) is a thorn in the side of many landlords. Essentially the ordinance says that if your property generates more than 3 calls for police service for "nuisance activities" within a 30 day period that the city will charge you for the costs associated with abating the alleged nuisance. Nuisance activities include the following: harassment, disorderly conduct, battery, indecent exposure, prostitution, ...
Read MoreState's Budget Bill Amends Tenant Protection Act
Posted by Tristan R. Pettit, Esq. in Legislation, Evictions, Foreclosures / Comments
On June 29, 2009 Governor Jim Doyle signed the 2009-11 state biennial budget bill into law. This law in part made modifications to the Tenant Protection Act (starts on page 108) which offers tenants certain protections during the foreclosure process. My earlier post on the Tenant Protection Act can be read here.Specifically, the state budget bill modified the current law related to tenant protections in foreclosure actions as follows:1. ADDED - ...
Read MoreMilwaukee County to Post Notice on Who Can File and Appear in Court on Eviction Actions
Posted by Tristan R. Pettit, Esq. in Evictions, LLC's / Comments
A friend of mine who is an employee at the courthouse and does much work in small claims court, and more specifically eviction court, forwarded to my attention earlier today a copy of a notice that will soon be posted in Room 400 (Eviction Court) and Room 104 (Clerk of Courts) of the Milwaukee County Courthouse.The notice addresses the issues of who may sign an eviction summons and complaint and ...
Read MoreMILWAUKEE CO. TO REQUIRE LLCs TO BE REPRESENTED BY AN ATTORNEY
Posted by Tristan R. Pettit, Esq. in Evictions, LLC's / Comments
It has recently come to my attention that Milwaukee County small claims court will in the very near future prohibit any individual other than a lawyer to represent a LLC's in court. This would mean that a landlord that owns his rental property in an LLC would no longer be able to appear in court to pursue his/her eviction case against a tenant. This is a change from how things ...
Read MoreWHO MAY BRING AN EVICTION LAWSUIT
Posted by Tristan R. Pettit, Esq. in Evictions / Comments
§799.40 of the Wisconsin Statutes states that an eviction action may be commenced by a "person entitled to possession of the property." This law has often been ignored and many eviction lawsuits have been brought in the name of someone other than the owner of the property. Oftentimes a management company is named as the plaintiff rather than the actual owner of the property.Milwaukee County is paying close attention ...
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