Tristan’s Landlord-Tenant Law Blog
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Tristan’s Landlord-Tenant Law Blog
Archive of: State of Wisconsin
Beware of Clauses Requiring More than 28-Days’ Notice to Terminate Month-to-Month Tenancies
Posted by Tristan R. Pettit, Esq. in Rental Documents, State of Wisconsin / Comments
By Atty. Gary D. Koch Clauses requiring tenants to provide 60-Day Notice to terminate a month-to-month tenancy are popular – we see them a lot in rental agreements. Recently, though, we have seen the Wisconsin Department of Agriculture, Trade and Consumer Protection take issue with such clauses in rental agreements in month-to-month tenancies that require the tenant to give anything more than a 28-Day Notice to terminate the tenancy. These DATCP challenges ...
Read MoreGovernor Walker Signed 2013 Wisconsin Act 76 (SB 179) Into Law Today
Posted by Tristan R. Pettit, Esq. in Legislation, State of Wisconsin, Act 76 (SB 179) / Comments
2013 Wisconsin Act 76 (SB 179) was signed into law today, December 12, 2013, by Governor Scott Walker in his office at the Capital building.Many people attended the signing, including myself. It was the first law signing that I have ever attended and was very intersting. I was able to get a ...
Read MoreGovernor Walker To Sign Wisconsin's New Landlord-Tenant Law Next Week
Posted by Tristan R. Pettit, Esq. in Legislation, State of Wisconsin, Act 76 (SB 179) / Comments
I have recently learned that Governor Scott Walker will be signing Senate Bill 179 into law next week Thursday, December 12, 2013 at 8 AM in the Governor's Conference Room in Madison.Senate Bill 179 will be signed along with a group of other bills starting at 8 AM that morning.Those of us involved in the drafting of this bill are happy to see all of the hard work come to ...
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 MoreAttorney General States That A Tenant Can Be Required To Pay For Carpet Cleaning Upon Vacating
Posted by Tristan R. Pettit, Esq. in ATCP 134, State of Wisconsin, Carpet Cleaning / Comments
It is not often that I get to report good news for landlords, so when the opportunity arises I am especially happy to do so. Today is one of those times. Earlier today the Wisconsin Attorney General issued a formal legal opinion that states that it is legal for a residential landlord in Wisconsin to require an outgoing tenant to pay to have the carpet in the unit professionally cleaned ...
Read MoreSo Let's Talk About . . . Companion/Comfort Animals In Rental Properties
Posted by Tristan R. Pettit, Esq. in Fair Housing / Discrimination, State of Wisconsin, Reasonable Accommodations, Assistance Animals, Companion/Comfort Animals / Comments
I have been promising that I would blog about this topic for months (could it possibly be over a year even) and the time has finally come. So let's talk about companion/comfort animals in rental properties.Background:I will use the terms comfort animals and companion animals interchangeably throughout this post.So we are all on the “same page" a companion animal is an animal ...
Read MoreNew Landlord Omnibus Law: Odds and Ends
Posted by Tristan R. Pettit, Esq. in Legislation, State of Wisconsin, Act 143 (Landlord's Omnibus Law), Commercial L-T Law / Comments
There has been a lot of discussion about the new Landlord Tenant law in Wisconisn (2011 Wisconsin Act 143) since it became law on March 31, 2012. Some people's views seem similar to mine while others have interpreted the law completely differently than I do. Here is a link to one law firm's summary that in my opinion is completely off base, but then again they are Minnesota lawyers ...
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 MoreLandlord's Omnibus Bill Signed Into Law - Read It Now
Posted by Tristan R. Pettit, Esq. in ATCP 134, AASEW, Legislation, Rental Agreements, Rental Documents, State of Wisconsin, Act 143 (Landlord's Omnibus Law) / Comments
Governor Walker did sign the Landlord's Omnibus Bill into law.I appreciate the effort of everyone that called the Governor's office asking him to veto the bill due to its deficiencies.Here is a link to the new law. Much easier to read than having to go back and forth between the orginal bill, the Substitute bill and the two amendments.The two main concerns that I have with the law and which caused ...
Read MoreLandlord's Omnibus Bill -- with Amendments -- To Be Signed Into Law Today
Posted by Tristan R. Pettit, Esq. in ATCP 134, Legislation, Rental Agreements, Rental Documents, State of Wisconsin, Act 143 (Landlord's Omnibus Law) / Comments
One of the biggest pieces of pro-Landlord legislation in quite some time was passed by the Wisconsin Senate and adopted by the Assembly recently and will be signed into law by Governor Walker today. Unfortunately some of the pro-Landlord provisions were amended, diluted, or removed.I am certainly not denouncing this new law. Many aspects of it will be very helpful to landlords. I just wish that more time had been allowed -- ...
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