Tristan’s Landlord-Tenant Law Blog
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Tristan’s Landlord-Tenant Law Blog
Archive of: Security Deposit
Court of Appeals Upholds Ability to Charge Landlords with a Misdemeanor for Failure to Return or Account for Security Deposit
Posted by Tristan R. Pettit, Esq. in Security Deposit / Comments
Blog post written by Atty. Jennifer M. Hayden of Petrie + Pettit S.C. In State v. Troy R. Lasecki, the Court of Appeals upheld the ability of the District Attorney’s office to charge a Landlord with a misdemeanor for unfair trade practices for the failure to return or account for a tenant’s security deposit as required by law. In response to arguments that a Landlord doesn’t have notice he or she ...
Read MoreWisconsin Landlords Cannot Require a Tenant to Pay A Non-Refundable Pet Deposit
Posted by Tristan R. Pettit, Esq. in Pets, Security Deposit / Comments
Wisconsin law does not allow a landlord to charge a tenant a non-refundable pet deposit. I know of some landlords that require tenants with a pet to post both a non-refundable pet deposit (to cover the cost of cleaning the carpets to remove dander) and a refundable pet deposit (to cover any damage caused by the pet). Unfortunately, non-refundable pet deposits are not allowed in Wisconsin because they meet the definition ...
Read MoreCourt of Appeals Decision Reminds Landlords To Review Their Nonstandard Rental Provisions Before Making Deductions from A Tenant's Security Deposit
Posted by Tristan R. Pettit, Esq. in Caselaw, Rental Documents, Security Deposit, Nonstandard Rental Provisions / Comments
The Wisconsin Court of Appeals, in an unpublished decision dated May 9, 2013, held that a landlord wrongfully withheld a portion of his tenants' security deposit for costs incurred when attempting to re-rent the rental unit.As I have mentioned in a prior post, Wisconsin law essentially allows a landlord to deduct only three things from a tenant's security deposit: (1) damage, waste, or neglect, (2) rent, (3) utilities. Any other items ...
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 MoreYou Will Not Want To Miss AASEW's Fourth Annual Landlord Boot Camp on Saturday Feb. 25th
Posted by Tristan R. Pettit, Esq. in Tenant Damage, Credit Checks, AASEW, Lead-Based Paint, Fair Housing / Discrimination, Protected Classes, Evictions, Late Fees, Notices, Collections, Emergency Assistance, City of Milwaukee, Screening Tenants, Rental Agreements, Rental Documents, Seminars, Pets, Security Deposit, Milwaukee County, Property Management, Mitigation of Damages / Re-Renting, Untenantability, Execution of Writ, State of Wisconsin, Self-Help Evictions, Right of Entry, Reasonable Modifications, Reasonable Accommodations, Rejecting Rental Applicants, Walkthroughs, De Novo Hearings, Earnest Money, Landlord Liability, Small Claims Court, Holdover Damages, Roommates, Smoke Detectors / Comments
Landlording can be pretty complex, with a seemingly never ending myriad of paperwork, rules, landlord-tenant laws and simple mistakes that can cost you thousands of dollars.The Apartment Association of Southeastern Wisconsin's Fourth Annual “Landlord Boot Camp” can help you navigate these treacherous waters and teach you how to run your properties with greater profit and less hassles.I have given similar landlord-tenant law seminars to fellow attorneys, landlords, and property manager ...
Read MoreLandlords Should Treat Tenant Roommates As One Person To Better Understand Joint and Several Liability and Resolve Tenant Disputes
Posted by Tristan R. Pettit, Esq. in Collections, Rental Agreements, Security Deposit, Joint & Several Liability, Roommates / Comments
I receive many calls from landlords who have questions and concerns involving issues involving their tenant roommates. While the problems are often factually different the proper way to analyze the situation and arrive at a resolution to the problem, often depends on the same thing -- something called "joint and several liability."Joint and several liability is a legal concept that, according to Black's Law Dictionary, is defined as "the liability of co-promisors of ...
Read MoreMust A Landlord Actually Repair Tenant-Caused Damage Before The Landlord Can Deduct The Cost From A Tenant's Security Deposit?
Posted by Tristan R. Pettit, Esq. in Tenant Damage, Security Deposit / Comments
This issue keeps raising its head over and over and over . . . so I feel compelled to address it. The question: Must a landlord have completed the repair of tenant-caused damages to a rental unit before being legally able to deduct the repair costs from the tenant's security deposit?I personally believe the answer to that question is "No" -- the repair work does not need to be completed prior to a landlord being able ...
Read MoreThe Ever Important Security Deposit Transmittal Letter (or "21 Day Letter")
Posted by admin in Seminars, Security Deposit / Comments
Aside from evictions, issues regarding the failure to properly return a tenant's security deposit are, in my opinion, the single most litigated area in landlord-tenant law.In Wisconsin, if a tenant has deposited a security deposit to his/her landlord as part of a residential tenancy, the landlord must comply with one of two options within 21 days after the tenant "surrenders" the landlord's rental unit:1. Return the tenant's security deposit, or2. Send ...
Read MoreSECURITY DEPOSIT TRANSMITTAL LETTERS: How To Draft A Legal 21-Day Letter
Posted by Tristan R. Pettit, Esq. in ATCP 134, Security Deposit / Comments
Security deposit withholding issues are the second most litigated area in landlord tenant law after evictions. If a landlord makes improper deduction from a tenant’s security deposit, pursuant to ATCP 134 and §100.20, Wis. Stats., the tenant may sue the landlord for double damages and attorney’s fees. There are numerous published Court of Appeals decisions in Wisconsin dealing with this exact issue. I would like to offer a ...
Read MoreWhat May A Wisconsin Landlord Legally Deduct From A Tenant’s Security Deposit?
Posted by Tristan R. Pettit, Esq. in ATCP 134, Security Deposit / Comments
I have received many calls from both landlords and managers over the years asking me if they are legally allowed to deduct X, Y, or Z from a tenant’s security deposit. I fielded such a question just last week – sounds like a good topic for a blog post.Wisconsin Administrative Code, ATCP 134.06(3) states that a landlord may deduct from a tenant’s security deposit for the following:1. Damage, waste, ...
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