Tristan’s Landlord-Tenant Law Blog
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A Nicely Done News Report Explaining How the Eviction Moratorium is Negatively Affecting Both Tenants AND Landlords
Posted by Tristan R. Pettit, Esq. in Evictions, COVID-19, CDC Eviction Moratorium / Comments
I was interviewed by Reporter Caroline Reinwald of ch. 12 WISN yesterday on the CDC eviction moratorium and how it is negatively affecting both Tenants AND Landlords. I thought Caroline did a very nice job of explaining the pains felt by both sides and was happy to be interviewed for the report.
Read MoreThe Landlords' Side of the Story
Posted by Tristan R. Pettit, Esq. in Evictions, COVID-19, CDC Eviction Moratorium / Comments
Have you noticed that landlords tend to be portrayed as evil and uncaring? I'm reading lots of so-called news articles (that really are nothing but opinion pieces) with such sentiments. The media also tend to treat all landlords as large companies making lots of money at the expense of tenants. Did you know that the vast majority of landlords throughout the U.S. are small "mom & pop" landlords that own ...
Read MoreGUEST POST: Milwaukee Rental Housing Resource Center - A Collaboration
Posted by Tristan R. Pettit, Esq. in AASEW, Evictions / Comments
By Tim Ballering (justalandlord.com) Yesterday's new contained many articles on Milwaukee’s Rental Housing Resource Center which is a collaboration to help both renters and housing providers. This was project was envisioned and started a couple of years ago. It became more relevant with the COVID economic crisis that has impacted the ability of folks to pay rent and avoid eviction. The partners are a very diverse group: Community Advocates, Legal Aid, ...
Read MoreLANDLORD BOOT CAMP 2020 - How to Navigate the CDC Eviction Moratorium and More
Posted by Tristan R. Pettit, Esq. in Seminars, Landlord Boot Camp / Comments
We are excited to announce Attorney Tristan Pettit’s Landlord Boot Camp will be held on Saturday, November 14th. Due to the CDC National Eviction Moratorium, we delayed this event so that we could include the most timely information on navigating the current CDC Moratorium and other COVID-19 related issues affecting Landlord-Tenant law. The Saturday, November 14th event will be held as a live-streamed webinar from 8:30 AM -5:00 PM with live ...
Read MoreGUEST POST: CDC Attorneys State That Landlords Can Challenge Tenants' Declarations In State Eviction Court
Posted by Tristan R. Pettit, Esq. in Evictions, COVID-19, CDC Eviction Moratorium / Comments
This is guest post written by Tim Ballering (JustALandlord.com) The CDC attorneys have stated in federal court that owners are permitted to file evictions as well as challenge the veracity of a tenant's CDC Declaration. The CDC argues that owners can even obtain an eviction judgment, as long as the physical move is stayed until the end of the moratorium. Most importantly, the Order does not prevent a landlord from filing an ...
Read MoreCDC and HHS Issue Order for Temporary Halt In Residential Evictions to Stop The Spread of COVID-19
Posted by Tristan R. Pettit, Esq. in Evictions, COVID-19, CDC Eviction Moratorium / Comments
On September 1, 2020, the Centers for Disease Control and Prevention (CDC) and Department of Health and Human Services (HHS) published an Agency Order temporarily stopping all residential evictions in the United States, in order to prevent the spread of COVID-19. What Are the Effective Dates of this Order? This order became effective immediately upon publication (presumed to be Sept 4, 2020) and continues through December 31, 2020. What Is Prohibited under ...
Read MoreResidential Rental Evictions Down 30% Statewide
Posted by Tristan R. Pettit, Esq. in Evictions / Comments
We have all heard reports that say residential rental evictions surged due to the Wisconsin eviction moratorium expiration in May. When you look at a small time period (like the number of evictions that were filed after a 2+ month moratorium) you can always find numbers that will support your narrative. However, the real numbers show a 30% decline for the first six months of 2020 versus 2019. How can ...
Read MoreMilwaukee Common Council Approves Legislation Requiring Lead-Safe Certification Before a Property can Be Rented To Public
Posted by Tristan R. Pettit, Esq. in Lead-Based Paint, Legislation, City of Milwaukee / Comments
On July 7, 2020, the full City of Milwaukee Common Council approved legislation to create a program certifying that rental properties are lead-safe before they can be rented to tenants. Authored by Alderman Ramsey, this resolution directs the Department of Administration-Intergovernmental Relations Division to seek the introduction and passage of state legislation that would permit the City of Milwaukee to create a program requiring rental property owners to certify that rental ...
Read MoreCurrent State of Affidavits of Non-Compliance in Milwaukee County
Posted by Tristan R. Pettit, Esq. in COVID-19, Affidavits of Non-Compliance / Comments
Drafted by Atty. Jennifer M. Hayden of Petrie + Pettit S.C. As you may be aware, Milwaukee County Local Rule 3.85 requires that if the tenant did not sign the Stipulation in person in front of the court, or where the tenant made the first three payments due under the Stipulation and then defaulted, the Landlord must provide the tenant with notice before the court will issue a writ of ...
Read MoreCourt 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 ...
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