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Tristan’s Landlord-Tenant Law Blog

Archive of: Legislation

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City of Madison Proposes New Legislation That Will Make A Landlord Become His Tenant's Babysitter

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

In an attempt to curtail house parties or "keggers" in the city of Madison, a new ordinance has been proposed.  Legislative File Number 23310, would create section 25.10 of the Madison General Ordinances to prohibit what is referred to as "nuisance parties."  The ordinance would require the police to provide a landlord with notice of a nuisance party that occurred at his rental property and require the landlord to take ...

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Small 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 -- ...

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Two Pro-Landlord Bills Are Proposed

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

Two new bills have been proposed in Madison and both of them are pro-landlord.Landlord Pre-Emption BillRep. Robin Voss has proposed what is being referred to as the Landlord Pre-Emption Bill (LRB 1296/3).  This bill prohibits any municipality from enacting an ordinance that does any of the following to a residential landlord:1.  Prohibits or limits a landlord from obtaining or using various types of information about a tenant or ...

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Repeal of Expanded 1099 Requirements Signed Into Law

Posted by Tristan R. Pettit, Esq. in Legislation, 1099's / Comments

President Obama has officially signed H.R. 4, the “Comprehensive 1099 Taxpayer Protection and Repayment of Exchange Subsidy Overpayments Act of 2011” into law.   This new law retroactively repeals  prior 1099 reporting rules for landlords that were added by 2010 legislation (i.e. the Small Business Jobs Act of 2010 and the Patient Protection and Affordable Care Act -- better known as Obamacare).Prior to the 2010 legislation, it was generally required that if you were ...

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CCAP Might Be Affected by Governor's Proposed Budget

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

Just when we thought CCAP would be left alone for awhile (after the dismantling of the CCAP Comittee) word comes of another potential attack on CCAP --- this time it is financial.  The Wisconsin Law Journal recently published a post by Jason Smathers of the Associated Press indicating that court officials are concerned that CCAP may be affected if the governor's proposed budget breaks up its funding.The Governor's proposed budget apparently would ...

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U.S. Senate Votes to Repeal New 1099 Reporting Requirements for Businesses and Landlords

Posted by Tristan R. Pettit, Esq. in Legislation, 1099's / Comments

The U.S. Senate has passed H.R. 4 which repeals the new 1099 reporting laws for businesses and rental property owners.  The vote was 87-12.  Since the House had already passed this bill -- and no modifications were made by the Senate -- the bill will now go to the President for his signature.  While the President has indicated that he did not care for the "pay for" (offset) provisions that were included in ...

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CCAP Committee Disbands Without Any Major Changes Negatively Affecting Landlords

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

On March 9, 2011, State Rep. Ed Brooks, the newly appointed Chair of the State of Wisconsin's, Joint Legislative Council's Special Committee on Review of Records Access of Circuit Court Documents (CCAP Committee) sent a memo to all members of the committee indicating that he had decided not to reconvene the committee for any additional meetings.For the most part, landlords came out unscathed by the reccomendations of the CCAP ...

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U.S. Senate Repeals A Second New 1099 Reporting Law That Would Have Greatly Affected Landlords

Posted by Tristan R. Pettit, Esq. in Legislation, 1099's / Comments

About a week ago I blogged about a new federal law that will require landlords to issue 1099's to any individual or business that provides the landlord with more than $600 in services in any 12 month period.  While this new law isn't going away anytime soon, another new federal 1099 reporting law has fortunately been repealed.Included in the new health care reform law known as the Patient Protection and Affordable ...

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New 1099 Law Will Greatly Affect Landlords In 2011

Posted by Tristan R. Pettit, Esq. in Legislation, 1099's, Employee vs. Independent Contractor, Taxes / Comments

A new federal will greatly affect how landlords do business in 2011.In September 2010, a small provision affecting landlord was tucked into the Small Business Jobs Act of 2010, which has now become a subject of concern to many of us.  Not only will this new law create a lot of additional paperwork for landlords, but it may open up Pandora’s Box should you be audited.The new law requires all ...

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Imagine If Every Tenant Received A Free Lawyer In Eviction Actions . . . It Could Become A Reality

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

If Legal Action of Wisconsin, Inc, 274 lawyers, 7 judges and 2 court commissioners,have it their way, all indigent persons that are involved in civil lawsuits involving  issues of  "basic human needs" will be given a free lawyer.According to a recent Milwaukee Journal Sentinel article and ABA Journal article the Wisconsin Supreme Court has been petitioned and asked to require that all indigent persons involved in civil lawsuits that involve issues impacting ...

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