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Archive of: Rental Agreements

What Is The Difference Between a Rental Agreement, a Lease, and a Month to Month Tenancy

Posted by Tristan R. Pettit, Esq. in Rental Agreements, Rental Documents / Comments

A question that I am often asked is what is the difference between a rental agreement, a lease, and a month to month tenancy. I will do my best to explain.The "Real World" AnswerA "Rental Agreement" is the general term that is used to cover all types of rental tenancies. A rental agreement includes a lease and a periodic tenancy (such as a month to month tenancy). ...

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New & Revised Landlord-Tenant Forms Available at Wisconsin Legal Blank

Posted by Tristan R. Pettit, Esq. in Notices, Rental Agreements, Rental Documents, Wisconsin Legal Blank / Comments

As a result of 2015 Act 176 becoming law earlier this month it became necessary to draft and/or revise some of the landlord-tenant forms sold at Wisconsin Legal Blank Co., Inc.As of March 24th the following revised or new forms will be available at WLB:5 Day Notice To Vacate for Criminal Activity or Drug-Related Criminal ActivityThis new notice may be served on a tenant, under any tenancy, if ...

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The 10 Deadly Sins: 10 Provisions That Landlords Cannot Include in Their Wisconsin Residential Rental Agreements

Posted by Tristan R. Pettit, Esq. in Rental Agreements, Rental Documents, Act 143 (Landlord's Omnibus Law), Act 76 (SB 179) / Comments

With the passage of Act 143 (2012) and Act 76 (2014) the legislature has created several new provisions that a Residential Landlord cannot include in his Rental Agreement. There are currently 10 items, which I affectionately refer to as the "10 Deadly Sins" that if they are included in your Wisconsin residential rental agreement will render the agreement void and unenforceable.In my representation of landlords over the past 20 ...

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Act 76 - Wisconsin's New Landlord Tenant Law - Part 5: Domestic Violence Notice Langauge & More Prohibited Rental Agreement Provisions

Posted by Tristan R. Pettit, Esq. in Legislation, Rental Agreements, Act 76 (SB 179) / Comments

Act 76 has made many changes to Landlord-Tenant law in Wisconsin, some of which I have explained in prior blog posts. One of the biggest changes, which I have not yet blogged about, is the requirement that a landlord include language notifying tenants of certain domestic abuse protections in all rental agreements or addenda as of March 1, 2014.The required language is set forth in sec. 704.14, ...

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Revised Wisconsin Legal Blank Forms Will Be Available on Monday, February 17th

Posted by Tristan R. Pettit, Esq. in Legislation, Rental Agreements, Rental Documents, Act 76 (SB 179), Wisconsin Legal Blank / Comments

As I hope most of you are aware, Wisconsin passed a new law that will great affect landlord-tenant law - Act 76. Whenever the law is changed, there is usually a need to revise and/or update your rental documents to comply with the law. That is definitely the case with the changes from Act 76.As such, I have had to update many of the rental documents that are ...

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Top 10 Pitfalls That Landlords Should Avoid

Posted by Tristan R. Pettit, Esq. in AASEW, Notices, Screening Tenants, Rental Agreements, Rental Documents, CCAP, Seminars, Property Management, Rejecting Rental Applicants / Comments

Those of you that missed the last AASEW membership meeting on Monday, April 15, 2013, missed a great meeting and a great presentation.  The featured presenter was John "Dr. Rent" Fischer, a Wausau-area landlord and rental property manager, who spoke to a packed house that Monday.  John's presentation was dynamic, educational and at times pretty darn funny.With John's permission, I am providing you with a link to ...

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Are Wisconsin Residential Leases Worth The Paper They Are Written On?

Posted by Tristan R. Pettit, Esq. in Rental Agreements, Mitigation of Damages / Re-Renting / Comments

In my personal opinion the answer is often "no."  The reason being is due to Wisconsin's requirement that a landlord make reasonable efforts to re-rent the unit if a tenant is evicted or decides to vacate early, and if this is not done, the landlord is not entitled to further rent from the breaching tenant.Now don't get me wrong, I am not saying that leases in Wisconsin are worthless and ...

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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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Newly revised Landlord-Tenant Law Forms Available at Wisconsin Legal Blank on April 2 and April 3, 2012.

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

Wisconsin's Landlord Omnibus Law (Act 143) went into effect today - April 1, 2012.  As a result of the new law it was necessary for me to update many of the landlord-tenant law forms that are sold at Wisconisn Legal Blank. As of Monday, April 2, 2012, the following revised forms will be available:1.   Residential Rental Agreement  (Form #19)-  Added language required in order for landlord to be able ...

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2011 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 ...

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