Tristan’s Landlord-Tenant Law Blog
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Tristan’s Landlord-Tenant Law Blog
Archive of: Legislation
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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 ...
Read MoreAASEW 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 ...
Read MoreAccepting 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 MoreLearn 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 ...
Read MoreSo 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 ...
Read MoreJoint Legislative Council Gives Clarification To Wisconsin's New Landlord's Omnibus Law
Posted by Tristan R. Pettit, Esq. in ATCP 134, AASEW, Legislation, Act 143 (Landlord's Omnibus Law) / Comments
You will recall from my earlier post that I had some concerns about the new Landlord's Omnibus Law (Act 134). One of my main concerns was that it was unclear from the wording of Act 143 whether or not a violation of chapter 704 would give rise to a claim by a tenant that would entitle the tenant to double damages and attorney's fees if successful.The portion of ...
Read MoreNew Landlord Omnibus Law: Odds and Ends
Posted by Tristan R. Pettit, Esq. in Legislation, State of Wisconsin, Act 143 (Landlord's Omnibus Law), Commercial L-T Law / Comments
There has been a lot of discussion about the new Landlord Tenant law in Wisconisn (2011 Wisconsin Act 143) since it became law on March 31, 2012. Some people's views seem similar to mine while others have interpreted the law completely differently than I do. Here is a link to one law firm's summary that in my opinion is completely off base, but then again they are Minnesota lawyers ...
Read More2011 Wisconsin Act 143 (Landlord Omnibus Law) Also Applies To Commercial Landlord-Tenant Law
Posted by Tristan R. Pettit, Esq. in ATCP 134, Legislation, Rental Agreements, Rental Documents, Security Deposit, Property Management, State of Wisconsin, Landlord Liability, Holdover Damages, Attorney's Fees, Act 143 (Landlord's Omnibus Law), Commercial L-T Law / Comments
While this blog primarily focuses on residential landlord-tenant law, on occasion I also touch on issues applicable to commercial landlord-tenant law. This is one such instance.Commercial landlord-tenant is more straightforward than residential in my opinion because commercial tenancies are less regulated than residential. Typically what a commercial landlord and tenant agreed to and placed into their lease agreement is what governs. The Wisconsin Administrative Code's ATCP 134 does not ...
Read MoreLandlord's Omnibus Bill Signed Into Law - Read It Now
Posted by Tristan R. Pettit, Esq. in ATCP 134, AASEW, Legislation, Rental Agreements, Rental Documents, State of Wisconsin, Act 143 (Landlord's Omnibus Law) / Comments
Governor Walker did sign the Landlord's Omnibus Bill into law.I appreciate the effort of everyone that called the Governor's office asking him to veto the bill due to its deficiencies.Here is a link to the new law. Much easier to read than having to go back and forth between the orginal bill, the Substitute bill and the two amendments.The two main concerns that I have with the law and which caused ...
Read MoreUpon Further Reflection, I Think The Governor Should Veto The Landlord's Omnibus Bill
Posted by Tristan R. Pettit, Esq. in Legislation, Notices, Rental Agreements, Rental Documents, Act 143 (Landlord's Omnibus Law) / Comments
I spent several hours yesterday reviewing and thinking about the new Landlord's Omnibus Bill that is to be signed into law today by Governor Walker at 4 pm.I then spent hours of time trying to summarize the new law in yesterday's blog post in an easy to read and understand format.Since publishing the blog post yesterday I have a few more thoughts and concerns:1. AASEW Board member and friend Tim Ballering ...
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