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Tristan’s Landlord-Tenant Law Blog

Archive of: Evictions

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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 ...

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EXECUTION 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 ...

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EXECUTION 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 ...

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UPCOMING SEMINAR - How Evictions Work: Rules for Landlords and Property Managers

Posted by Tristan R. Pettit, Esq. in Seminars / Comments

I will be presenting a seminar for the Institute of Real Estate Management (IREM Milwaukee Chapter #13) on several landlord - tenant law related topics in the near futureTopics to be covered:1.   Causes for Eviction2.   Notices To Terminate Tenancy3.   The Judicial Eviction ProcessThis seminar will be held on Thursday, June 17, 2010 from 9am - 10:30 am.  Registration will start at 8:30 am.The seminar will be held at The Wisconsin ...

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Finally, Some Legislation That Actually Assists Landlords - Senate Bill 607

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

Senators Plale, Hansen, and Lasee introduced Senante Bill (SB) 607 yesterday.  What a breath of fresh air it is to read this bill.  Rather then making landlords jump through more and more hoops to protect our tenants and rental property, this bill actually assists us in doing our jobs.  I am so used to blogging about proposed legislation that hurts (or at the very least hinders) landlords that this ...

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How To Legally Serve A 5-Day Notice To Pay Rent or Vacate

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

There are basically 4 ways in which you can legally serve a tenant with a 5-Day Notice To Pay Rent or Vacate.  First, you can personally serve the tenant with the notice.  Second, you can serve them by what I refer to as a "substituted" service.  Third, you can "post and mail" the notice to the tenant.  Fourth, you can serve the tenant via certified or registered mail.Landlords in Wisconsin are legally allowed ...

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Update On Who May Represent A LLC in Eviction Court: New Rules To Start September 1st

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

Those of you that have been following my blog are aware that Milwaukee County Small Claims Court has indicated that it will not allow non-attorneys to represent LLC's in court in the near future.My earlier posts on this topic can be read here and here.A fellow board member from the AASEW informed me today that one of the owner's of a property he manages was handed the notice that ...

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Milwaukee's Chronic Nuisance Ordinance and It's Improper Use Against Landlords

Posted by Tristan R. Pettit, Esq. in AASEW, Evictions, City of Milwaukee, Nuisance Properties / Comments

 The City of Milwaukee's Chronic Nuisance Ordinance (80-10) is a thorn in the side of many landlords.  Essentially the ordinance says that if your property generates more than 3 calls for police service for "nuisance activities" within a 30 day period  that the city will charge you  for the costs associated with abating the alleged nuisance.   Nuisance activities include the following: harassment, disorderly conduct, battery, indecent exposure, prostitution, ...

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State's Budget Bill Amends Tenant Protection Act

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

On June 29, 2009 Governor Jim Doyle signed the 2009-11 state biennial budget bill into law.  This law in part made modifications to the Tenant Protection Act (starts on page 108) which offers tenants certain protections during the foreclosure process.  My earlier post on the Tenant Protection Act can be read here.Specifically, the state budget bill modified the current law related to tenant protections in foreclosure actions as follows:1.      ADDED - ...

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Milwaukee County to Post Notice on Who Can File and Appear in Court on Eviction Actions

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

A friend of mine who is an employee at the courthouse and does much work in small claims court, and more specifically eviction court, forwarded to my attention earlier today a copy of a notice that will soon be posted in Room 400 (Eviction Court) and Room 104 (Clerk of Courts) of the Milwaukee County Courthouse.The notice addresses the issues of who may sign an eviction summons and complaint and ...

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