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TENANT PROTECTION ACT PASSED

Posted by Tristan R. Pettit, Esq. in Legislation, Evictions, Foreclosures / Comments

A new law has recently been passed that will affect rental property owners that may be in the unfortunate position of having their properties foreclosed upon as well as those individuals that may be purchasing a property that has been foreclosed.  Sen. Lena Taylor's bill referred to as the "Tenant Protection Act" (SB 78) was incorporated into the budget repair bill that was recently passed. The new law requires that ...

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PASSING OF WORTHLESS CHECKS WILL NOT BE PROSECTED IN CITY OF MILWAUKEE

Posted by Tristan R. Pettit, Esq. in Bad/Bounced Checks, City of Milwaukee / Comments

Issuing a worthless check is a crime in Wisconsin.  Accordingly, when a tenant pays his/her rent or security deposit with a worthless check I typically advise my landlord clients to do two things: (1) serve the tenant with the proper notice terminating tenancy for failure to pay rent so that an eviction action can be commenced against the tenant, and (2) report the crime to the local police so that a ...

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TIME TO REVIEW YOUR RENTAL DOCUMENTS

Posted by Tristan R. Pettit, Esq. in Rental Agreements, Rental Documents / Comments

With the new year already upon us, I encourage all property owners and managers to spend some time reviewing their current rental documents so that any needed changes can be made before accepting new applicants.  Below are some questions and ideas that may assist you in your review.Is the rent amount that you are charging your current tenants in line with the what other similar properties are being rented for ...

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LLC'S MUST FILE ANNUAL REPORT WITH DFI

Posted by Tristan R. Pettit, Esq. in LLC's / Comments

Effective January 1, 2004, all domestic Limited Liability Companies are required to file an Annual Report with the Department of Financial Institutions (DFI).The report is due during the anniversary quarter of the LLC's effective date of organization on record with DFI. The report will be sent to the registered agent of each LLC to the registered office of record. The Annual Report is fairly simple to complete and there is ...

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IMPORTANT WEBSITES TO ASSIST WITH SCREENING TENANTS

Posted by Tristan R. Pettit, Esq. in Screening Tenants / Comments

As I have mentioned before, the screening process is in my opinion the single most important aspect of the rental process.  Sufficient time should be spent by the landlord to attempt to ensure that the chosen tenant will be able to live up to and abide by the rental agreement.Below are some websites that I find very helpful during the screening of my tenants.CCAP - Wisconsin's Consolidated Court ...

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SCREENING PROSPECTIVE TENANTS

Posted by Tristan R. Pettit, Esq. in Screening Tenants / Comments

UPDATE - APRIL 15, 2016 ---- Please review my April 15, 2016 blog post on HUD's new guidance regarding the consideration of a rental applicant's criminal history in the screening process as it may impact or alter the information in this blog post.Screening prospective tenants is the single most important aspect of the rental process regardless of whether you are renting residential or commercial property. If done properly, ...

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ATCP 134 - RESIDENTIAL RENTAL PRACTICES

Posted by Tristan R. Pettit, Esq. in ATCP 134 / Comments

If you are a landlord are you familiar with ATCP 134?  If not, you definitely need to be.  ATCP 134 is a chapter of the Wisconsin Administrative Code that applies to residential rental practices.  While these rules were updated in 1998 many well-intentioned landlords are still unfamiliar with their provisions and the rather extreme consequences that may result if you fail to abide by them.The most overlooked - and ...

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Welcome to Tristan's Landlord Tenant Law Blog

Posted by Tristan R. Pettit, Esq. / Comments

Welcome. My name is Tristan Pettit and I am an attorney with the law firm of Petrie & Stocking S.C. One of my specialties is the area of landlord tenant law. I am also the current President of the Apartment Association of Southeastern Wisconsin (AASEW). I have been practicing in the area of landlord tenant law for over 13 years. I appear in eviction ...

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