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Tristan’s Landlord-Tenant Law Blog
Archive of: ATCP 134
The Consequences of A Landlord Violating Wisconsin's Residential Rental Practices (ATCP 134)
Posted by admin in ATCP 134 / Comments
The Residential Landlord Tenant relationship is controlled by two main areas of law: (1) Chapter 704 of the Wisconsin Statutes, and (2) the Wisconsin Administrative Code, Chapter ATCP 134 entitled "Residential Rental Practices."ATCP 134 sets forth 21 regulations that a landlord must follow in a residential landlord tenant context. ATCP 134, under its orginal name "Agriculture 134," was first introduced in ...
Read MoreSelf-Help Evictions (or Why You Should Not Remove The Roof In An Attempt To Evict Your Tenant)
Posted by Tristan R. Pettit, Esq. in ATCP 134, Evictions, Self-Help Evictions / Comments
I apologize for the delay in drafting a new post but this has been a crazy week with two trials in the early part of the week and another one tomorrow (all tenants fighting evictions and none of these trials have been or will be easy). But enough with the excuses . . .I saw a recent article about a landlord in Lusaka, Zambia (Africa) that actually attempted ...
Read MoreSECURITY DEPOSIT TRANSMITTAL LETTERS: How To Draft A Legal 21-Day Letter
Posted by Tristan R. Pettit, Esq. in ATCP 134, Security Deposit / Comments
Security deposit withholding issues are the second most litigated area in landlord tenant law after evictions. If a landlord makes improper deduction from a tenant’s security deposit, pursuant to ATCP 134 and §100.20, Wis. Stats., the tenant may sue the landlord for double damages and attorney’s fees. There are numerous published Court of Appeals decisions in Wisconsin dealing with this exact issue. I would like to offer a ...
Read MoreLandlords Should Not Play Games With Tenants' Security Deposits
Posted by Tristan R. Pettit, Esq. in Caselaw, Tenant Damage, ATCP 134, Security Deposit / Comments
A new landlord-tenant decision has been reccomended for publication. The case of Boelter v. Tschantz involves a tenant suing her past landlord for double damages and attorney’s fees for making improper deductions from her security deposit. The essential facts are as follows:1. Tschantz (the landlord) withheld money from the tenant's security deposit.2. The key deductions that were made were: (1) $323.84 for the tenant's water bill and (2) $85 to repair ...
Read MoreArticle and Video Regarding Recent Seminar On Advising and Defending Property Owners in Nuisance Actions
Posted by Tristan R. Pettit, Esq. in ATCP 134, Screening Tenants, Nuisance Properties, Seminars / Comments
On May 7, 2009 I spoke at the State Bar of Wisconsin Annual Convention. I was asked to speak at the Government Lawyer Division's seminar that focused on the topic of neighborhoods and nuisance properties. Specifically I was asked to speak on advising and defending property owners that have nuisance properties.The State Bar recently published a nice article summarizing my seminar presentation which was published through its online Inside Track newsletter. ...
Read MoreLATE FEES - PART 2: ATCP 134 REQUIREMENTS
Posted by Tristan R. Pettit, Esq. in ATCP 134, Late Fees / Comments
Late fees are a necessary evil for landlords aw we often need some type of "hammer" to hold over the heads of tenants who pay rent late. With this post I want to provide you with some additional information on the requirements that must be met with regard to late fees as specified in ATCP 134 of the Wisconsin Administrative Code.A Bit of History:In the past - prior to ATCP ...
Read MoreLATE FEES - PART 1: WHAT AMOUNT CAN YOU CHARGE?
Posted by Tristan R. Pettit, Esq. in Caselaw, ATCP 134, Late Fees / Comments
Many of my clients ask me what amount they should charge a tenant who is late in paying rent. Many also wonder if there is a maximum amount beyond which they would not be allowed to charge as a late fee.The only legal guidance we have as to what amount is acceptable as a late fee is the case of Three & One Co. v. Geilfuss, 178 Wis.2d 400, 504 N.W. ...
Read MoreATCP 134 RULES ON CREDIT CHECK/REPORT FEES
Posted by Tristan R. Pettit, Esq. in ATCP 134, Credit Checks / Comments
ATCP 134 contains specific rules regarding when and how a landlord can charge a rental applicant for the cost of their credit report. As background, ATCP 134 is the chapter of the Administrative Code of Wisconsin that sets forth 21 requirements that Landlords must follow or else risk getting sued for double damages and attorney's fees by the applicant or tenant.The applicable portion of the rules regarding credit checks is ...
Read MoreATCP 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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