Tristan’s Landlord-Tenant Law Blog
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Tristan’s Landlord-Tenant Law Blog
Archive of: Small Claims Court
Milwaukee County Issues New Local Rule Regarding Stipulated Dismissals In Eviction Lawsuits
Posted by Tristan R. Pettit, Esq. in Evictions, Milwaukee County, Small Claims Court / Comments
Milwaukee County has created a new local rule regarding stipulated dismissals in eviction actions. The new rule is a big change from past practices and contains many details that if not followed correctly will prevent a landlord from obtaining an eviction judgment and writ of restitution if and when a tenant defaults under a stipulated dismissal.
Read MoreAct 76 - Wisconsin's New Landlord-Tenant Law - Part 4: Who May File An Eviction and Who May Appear In Court
Posted by Tristan R. Pettit, Esq. in Legislation, Evictions, LLC's, Small Claims Court, Act 76 (SB 179) / Comments
Act 76 which will become effective on March 1, 2014 has changed Wisconsin law with regard to who may file an eviction action and who can appear in court to prosecute an eviction.Current law only allows the person or entity "entitled to the possession of the property" to file an eviction action. Typically this would be the owner of the rental property. As such, a management company or ...
Read MoreSB 179 ("Landlord-Tenant Bill") Is On It's Way To Governor Walker To Be Signed Into Law
Posted by Tristan R. Pettit, Esq. in AASEW, Legislation, Evictions, State of Wisconsin, Small Claims Court, Act 143 (Landlord's Omnibus Law) / Comments
At about 6:40 pm on October 16, 2013, SB 179 (commonly referred to as the Landlord-Tenant Bill) was concurred by the state Senate after a minor amendment was made in the state Assembly earlier. The bill passed 18-15 despite attempts to delay the bill via a motion to non-concur. The bill now goes to the Governor who has 30 days to "call" for the bill and sign it.If you would like to ...
Read More5 Things This Landlords' Attorney Wants For Christmas
Posted by Tristan R. Pettit, Esq. in AASEW, Fair Housing / Discrimination, Legislation, Milwaukee County, Reasonable Accommodations, Small Claims Court / Comments
With the coming of the holidays, comes list of gifts that people want for Christmas. So I thought I would put together one of my own. So here is a list of the top 5 things that this landlords' lawyer would like for Christmas. 5. That Tenants' Requests For Reasonable Accommodations To Allow for the Keeping of Companion/Comfort Animals Would Actually Be "Reasonable"The past few years -- and especially this past ...
Read MoreJudge Mary Kuhnmuench Will Be New Small Claims/Eviction Judge in Milwaukee County
Posted by Tristan R. Pettit, Esq. in Evictions, Milwaukee County, Small Claims Court / Comments
In Milwaukee County we get a new small claims/eviction judge each year around August 1st or so. Most judicial rotations are three years long but for some reason --- possibly the high volume, tediousness, pro se litigants, stress level --- the small claims judge rotates every year.Milwaukee County's new small claims/eviction judge effective July 27, 2012, will be Mary M. Kuhnmuench. Judge Kuhnmuench is currently completing her rotation ...
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 MoreRevised Small Claims Summons Required To Be Used As of November 1, 2011
Posted by Tristan R. Pettit, Esq. in Evictions, Milwaukee County, Small Claims Court / Comments
In a prior post I explained that the small claims jurisdictional limit was increased from $5,000 to $10,000 as of July 1, 2011. This change has necessitated a revision to the mandatory small claims summons form that is required to be used when filing an eviction, replevin, and collection actions under $10,000 (as well as arbitrations confirmations and personal injury claims less than $5,000).So far, the Clerk of Courts has been accepting ...
Read MoreSmall 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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