Tristan’s Landlord-Tenant Law Blog
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Tristan’s Landlord-Tenant Law Blog
Archive of: Rental Agreements
How Long Should A Landlord Save A Tenant's Lease and Other Rental Documents?
Posted by Tristan R. Pettit, Esq. in Rental Agreements, Rental Documents, Statute of Limitations / Comments
A while ago I wrote a post in which I recommended that landlords retain a denied rental applicant's application and related paperwork for at least 2 years from the date of denial. This post will focus on the situation where the landlord has accepted the applicant, the applicant was your tenant, and now their tenancy has ended for whatever reason. Under this scenario, how long should a landlord hold on ...
Read MoreNew and Improved Residential Rental Agreement Form Available Now
Posted by Tristan R. Pettit, Esq. in Rental Agreements, Wisconsin Legal Blank / Comments
As many of you know, there was a large Landlord-Tenant law that was enacted last month. If you were not aware of this you should take a look at my earlier post on Act 317. As a result of that new law, it was necessary for me to add a new section to the Residential Rental Agreement forms (Forms 19 and 19L) that I draft and which are sold ...
Read MoreWhat 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). ...
Read MoreNew & 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 ...
Read MoreThe 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 ...
Read MoreAct 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, ...
Read MoreRevised 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 ...
Read MoreTop 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 ...
Read MoreAre 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 ...
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 ...
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