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Tristan’s Landlord-Tenant Law Blog

Archive of: Legislation

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CCAP Is Under Attack Again

Posted by Tristan R. Pettit, Esq. in Legislation, Evictions, Screening Tenants, CCAP / Comments

When Senator Marlin Schneider lost re-election a few years ago, I thought that the attacks against Wisconsin's Consolidated Court Automation Programs (CCAP) would disappear.  Well they did -- for a while.  But Senator Lena Taylor along with Representatives Goyke, Sargent, Kessler, Hebl and Pope haven taken up the torch and are trying to prevent the public from accessing CCAP once again via Senate Bill 234/Assembly Bill 253.These two bills were ...

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5 Things This Landlords' Attorney Wants For Christmas

Posted by Tristan R. Pettit, Esq. in AASEW, Fair Housing / Discrimination, Legislation, Milwaukee County, Reasonable Accommodations, Small Claims Court / Comments

With the coming of the holidays, comes list of gifts that people want for Christmas.  So I thought I would put together one of my own.  So here is a list of the top 5 things that this landlords' lawyer would like for Christmas. 5.   That Tenants' Requests For Reasonable Accommodations To Allow for the Keeping of  Companion/Comfort Animals Would Actually Be "Reasonable"The past few years -- and especially this past ...

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Article on Landlord-Tenant Law Topped the List of WisBar InsideTrack's Most Read Articles of 2012

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

Milwaukee lawyer Tristan Pettit's article on landlord-tenant law topped the list of most-read articles from WisBar InsideTrack in 2012.In the past year, WisBar InsideTrack received a number of timely and relevant article submissions from lawyers discussing legislative actions and judicial decisions, substantive legal issues, practice management, ethics, human interest and other developments.On April 4, 2012, Attorney Tristan Pettit of Petrie & Stocking S.C. wrote an article entitled "Landlord-Tenant Law: Rights, ...

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Milwaukee's Amended Smoke Alarm Ordinance To Take Effect June 1, 2013.

Posted by Tristan R. Pettit, Esq. in AASEW, Legislation, Smoke Detectors / Comments

On November 8, 2012, Milwaukee's Common Council passed a revised smoke alarm ordinance by a vote of 13 to 2.Effective June 1, 2013, all battery-operated smoke alarm must be powered by 10-year or more non-removable (sealed) batteries.  Compliance with this requirement must be met when replacing any current battery operated smoke alarm after June 1st next year or by October 1, 2017 -- whichever is sooner.  ...

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The Effects of "Obamacare" On The Small Landlord

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

There are so many questions regarding how the Patient Protection and Affordable Care Act, more commonly referred to as "Obamacare," will effect small businesses such as us in the rental housing industry.  What is the truth?AASEW Attorney Heiner Giese, a fellow landlord, has researched the law in depth and will be one of the speakers at the AASEW's upcoming monthly membership meeting on Monday, October 15th, where this issue ...

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New Milwaukee Smoke Alarm Ordinance To Require Sealed Lithium Battery Units In Residential Rental Housing

Posted by Tristan R. Pettit, Esq. in Legislation, Smoke Detectors / Comments

The City of Milwaukee has introduced a change to the residential smoke alarm ordinance.  If passed, the revised ordinance will require the use of sealed smoke alarm units with 10 year lithium batteries in all city residential rental housing.  The proposed ordinance would require landlords to install the sealed unit when replacing a current removable-battery unit or by October 1, 2022, whichever occurs sooner.In is unknown what the impetus behind ...

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AASEW Annual Landlord Trade Show - Wednesday September 19, 2012

Posted by Tristan R. Pettit, Esq. in AASEW, Legislation, Seminars / Comments

It is that time of year again . . . time for the leaves to start falling and the Apartment Association of Southeastern Wisconsin to host its Annual Trade Show.  The AASEW Trade Show is the place to be on Wednesday, September 19, 2012 from 11 am - 5 pm.  The Trade Show will be held at American Serb Hall at 5101 W. Oklahoma Avenue in Milwaukee, WI.Entrance to the event is ...

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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 ...

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Learn About Wisconsin's New Landlord-Tenant Law At AASEW's Next Meeting on June 18th.

Posted by Tristan R. Pettit, Esq. in AASEW, Legislation, Act 143 (Landlord's Omnibus Law) / Comments

You will not want to miss the Apartment Association of Southeastern Wisconsin's next membership meeting on June 18, 2012.  The focus of the meeting will be on Wisconsin's new Landlord Omnibus law (Act 143).The passage of this new law in late March made a lot of changes to landlord tenant law in Wisconsin - both residential and commercial.  Landlords and management companies will need to make modifications to ...

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So Are Illegal Provisions In Wisconsin Residential Rental Agreements Severable Or Not?

Posted by Tristan R. Pettit, Esq. in Legislation, Rental Agreements, Rental Documents, Act 143 (Landlord's Omnibus Law) / Comments

  SHORT ANSWER:  Yes . . . and No.LONG ANSWER:   The newly passed law referred to as the Landlord's Omnibus Law (Act 143) adresses this issue but provides contradictory answers.In newly created sec. 704.02 of the Wisconsin Statutes, the law states quite clearly that the provisions of a rental agreement or lease are severable.  Specifically, it states that if any ...

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