Tristan’s Landlord-Tenant Law Blog
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Court 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 ...
Read MoreWisconsin's Eviction Moratorium Is Over. Now What?
Posted by Tristan R. Pettit, Esq. in Seminars, COVID-19 / Comments
Atty. Jennifer Hayden and I presented a webinar for the Wisconsin Realtor's Association (WRA) yesterday, May 28, 202, entitled "Wisconsin's Eviction Moratorium is Over. Now What?" In the webinar Jen and I provide an update on the following: Wisconsin rental Assistance Program (WRAP)DATCP's emergency order on charging late fees and penaltiesThe CARES ActBest Practices that Landlord and property managers may want to consider implementingEviction Court Challenges If you are interested in ...
Read MoreWhen Are Landlords Able to Serve Notices Again and What is the Status of The Other COVID-19 Emergency Orders?
Posted by Tristan R. Pettit, Esq. in COVID-19 / Comments
UPDATED 5-27-20 Trying to keep track and make sense of the numerous state, county, and municipal orders not to mention the federal laws related to Coivd-19 is difficult at best. So, I thought I would put together this update so that everyone is on the same page.1 Governor Evers’ Emergency Order # 15 – Temporary Ban on Notices, Evictions and the filing of Writs – ends on Tuesday, May 26, 2020. To ...
Read MoreW.R.A.P it up with a Bow? The Wisconsin Rental Assistance Program
Posted by Tristan R. Pettit, Esq. in COVID-19 / Comments
By Attorney Jennifer Hayden of Petrie + Pettit S.C. The Division of Energy, Housing, and Community Resources has partnered with the Wisconsin Community Action Program Association to provide “direct assistance” for struggling Wisconsin tenants by way of 25 million dollars allocated to agencies across the state. Tenants who meet certain income and need eligibility can apply for the funds through the Wisconsin Community Action Program Association which will then issue payment ...
Read MoreThe Wisconsin Supreme Court Struck Down Governor Evers’ Stay-At-Home Order, So I Can Now Serve Notices Terminating Tenancy and File Evictions, Right?
Posted by Tristan R. Pettit, Esq. in Evictions, COVID-19 / Comments
Written by Attorney Jennifer Hayden of Petrie + Pettit The Wisconsin Supreme Court struck down Governor Evers’ Stay-At-Home Order, so I can send notices terminating tenancy and file evictions, right? Ahhh, no. The Wisconsin Supreme Court’s decision is narrowly tailored to state that it is finding Emergency Order 28 to be unenforceable and focused much of its ire on “the assertion of power by one unelected official, Andrea Palm.” Conversely, it ...
Read MoreWEBINAR: Landlording In The Time of Coronavirus
Posted by Tristan R. Pettit, Esq. in Seminars, COVID-19 / Comments
I hope that everyone is staying healthy, safe and sane. Attorney Jennifer Hayden (also of Petrie + Pettit) and I presented a 1 hour webinar for the Apartment Association of Southeastern Wisconsin (AASEW) on April 29, 2020 entitled "Landlording In The Time of Coronavirus." In the webinar, Jen and I spoke about the various Emergency Orders and Laws that impact Landlords, some "best practices" related to issues caused by the ...
Read MoreDATCP's Temporary Emergency Rule Prohibiting the Charging of Late Fees Is In Effect
Posted by Tristan R. Pettit, Esq. in Late Fees, COVID-19 / Comments
UPDATED on July 9, 2020 On, April 25, 2020, with little publicity, the Department of Agriculture, Trade and Consumer Protection (DATCP) published a temporary emergency rule (20-R-02) modifying Wis. Admin Code ch ATCP 134 (“Residential Rental Practices”) creating a temporary prohibition on the charging of late fees or late rent penalties for any missed rent payments during the COVID-19 health emergency and during the 90 days following the health ...
Read MoreCARES Act Eviction Restrictions Apply to More Landlords Than You Think
Posted by Tristan R. Pettit, Esq. in COVID-19 / Comments
The following is a guest post written by Atty. Jennifer Hayden of Petrie + Pettit S.C. We’ve previously discussed the impact of the recent extension of the Stay at Home Order by Governor Evers. However, under Section 4024 of the CARES Act, Landlords who have residential tenants in a “covered dwelling” that participates in a “covered housing program” (as defined in section 41411(a) of the Violence Against Women Act of 1994 ...
Read MoreAn Update on Milwaukee County Small Claims Court
Posted by Tristan R. Pettit, Esq. in COVID-19 / Comments
I know that everyone is anxious to learn when and how Milwaukee County will be proceeding with evictions in the future. I have attended several virtual Small Claims Bench/Bar Committee Meetings, which include attorneys representing both landlords and tenants as well as Milwaukee County Judges and Court Commissioners, and those issues are being discussed. Please understand that the courts do not have all of the answers at this point. This is ...
Read MoreA Deep Dive Into Governor Evers’ Emergency Order #15 – Temporary Ban on Evictions and Foreclosures
Posted by Tristan R. Pettit, Esq. in COVID-19 / Comments
My office has received a lot of questions about Governor Evers’ Emergency Order regarding a temporary ban on evictions and foreclosures in the last few days. There appears to be a lot of misunderstanding or confusion over the Order so I will attempt to clarify the Order and answer many of the questions that I have received. First off, it is important to keep in mind that all we know ...
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