Tristan’s Landlord-Tenant Law Blog
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What Is The Effect On The Eviction Process If A Tenant Files Bankruptcy?
Posted by Tristan R. Pettit, Esq. in Evictions, Bankruptcy / Comments
I have had a number of people ask me over the last several months to address what effect a tenant filing bankruptcy has on the eviction of that tenant. I have been delaying writing that blog post and I apologize for that. Bankruptcy is a tricky area of the law, and I am by no means an expert in bankruptcy law, but I will attempt to provide you with a general summary ...
Read MoreDo Not Miss the 11th Annual AASEW Tradeshow on Sept. 22, 2010
Posted by Tristan R. Pettit, Esq. in AASEW, Seminars / Comments
Do you know what you can legally deduct from a tenant's security deposit? Looking for ways to improve your cash flow? Need a few sales tips to fill your vacancies? Are you in Compliance with State and Federal Fair Housing Laws? You will get the answers and more at the Apartment Association of Southeastern Wisconsin (AASEW) Annual Landlord Tradeshow! Free seminars.Free entrance to ...
Read MoreFair Housing Update: Review of 2010 Fair Housing Trends Report
Posted by Tristan R. Pettit, Esq. in Fair Housing / Discrimination / Comments
A large segment of my work involves advising landlords and property managers about fair housing laws and counseling them what they can and cannot do in the rental industry with regard to the federal and state fair housing laws and discrimination in general. As such, I recently took the time to read the National Fair Housing Alliance's (NFHA) 2010 Fair Housing Trends Report which was published May 26, 2010. To provide you ...
Read MoreAudits In Milwaukee by HUD Regarding Compliance with Lead-Based Paint Disclosure Laws
Posted by Tristan R. Pettit, Esq. in Lead-Based Paint / Comments
A fellow board member on the Apartment Association of SE Wisconsin forwarded the email below to me and other landlord-tenant attorneys and others in the industry. It concerns the recent audits of landlords and management companies in the city of Miwlaukee with regard to complying with the federal lead-based paint disclosure laws. I spoke with a potential client yesterday who was also ...
Read MoreEXECUTION OF WRIT: Part 2 - The Details
Posted by Tristan R. Pettit, Esq. in Evictions, Milwaukee County, Execution of Writ / Comments
Last week I provided some basic information about what is involved in the execution of a writ of restitution (eviction) and how the process works. With this week's post I wanted to provide everyone with some additional -- more detailed -- information about the execution process. I attempted to group these tidbits of info by category. Much of the information below is specific to Milwaukee County and the Milwaukee County ...
Read MoreEXECUTION OF WRIT: Part 1 - The Basics
Posted by Tristan R. Pettit, Esq. in Evictions, Milwaukee County, Execution of Writ / Comments
I have noticed a trend in the last several months of more and more tenants refusing to leave a landlord's rental property even after the landlord has obtained a judgment of eviction against the tenant and been issued a Writ of Restitution ("writ"). As a result of this trend more and more landlords are being forced to go through the process of having the writ executed. The execution of the writ ...
Read MoreFREE Seminar on Evictions - Saturday, August 14th
Posted by Tristan R. Pettit, Esq. in AASEW, City of Milwaukee, Seminars / Comments
I will be presenting a free seminar on the topic of evictions for the City of Milwaukee's Landlord Training Program on Saturday, August 14th. I am presenting this seminar on behalf of the Apartment Association of Southeastern Wisconsin (AASEW). The Seminar will run from 9 am - 12 noon and will be held at Alverno College's Wehr Theater which is located at 3441 S. 39th Street. I was informed that there ...
Read MoreWith All of This Flood Damage Lately . . . Let's Talk About Untenantability
Posted by Tristan R. Pettit, Esq. in Abatement, Untenantability / Comments
With all of the flood damage from the July 22, 2010 storms throughout SE Wisconsin, I have been receiving lots of questions asking what will cause a rental unit to become "untenantable" and if that happens what are a landlord's duties and a tenant's rights."Untenantable" basically means that a property is not fit for an occupant, is not in proper repair, and/or is not liveable. A rental property can become untenantable as a ...
Read MoreWhat Is This Mitigation of Damages Requirement That I Keep Hearing About?
Posted by Tristan R. Pettit, Esq. in Mitigation of Damages / Re-Renting / Comments
Whether a tenant breaches his or her lease and is evicted, leaves after receiving the 5 day or 14 day notice, or skips out in the middle of the night with months remaining on the lease, a landlord has the responsibility to make reasonable efforts to mitigate the tenant's damage under Wisconsin law.Put quite simply - a landlord cannot just sit back and do nothing and expect to collect rent from the ...
Read MoreDon't Miss Next AASEW Town Hall Meeting on Monday, July 19th
Posted by Tristan R. Pettit, Esq. in AASEW / Comments
Have a question about landlord tenant law? Property management? Real estate investing/short sales? Then come to the AASEW General Membership meeting on Monday, July 19th, 7:00 p.m. at the Best Western Hotel, 1005 South Moorland Road in Brookfield. Attorney and AASEW President, Tristan Pettit, AASEW Director and Portfolio Director at StuartCo, Susan Ipsarides, and owner of Plan B Homebuyers & Tailwind Funding, Brian Meidam, will all be on hand to answer your questions and give ...
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