Tristan’s Landlord-Tenant Law Blog
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Tristan’s Landlord-Tenant Law Blog
Archive of: Occupancy Standards
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DNS Has Started To Implement The New Residential Rental Certificate Program
Posted by Tristan R. Pettit, Esq. in Legislation, DNS, Residential Rental Inspection (RRI) Program / Mandatory Rental I / Comments
As many of you know the City of Milwaukee's new Residential Rental Certificate Program ordinance went into effect January 1, 2010. It is my understanding that the letter notices, along with a date for the inspection of your rental unit/s, the application, were all mailed out to affected landlords during the week of Dec. 28th -- so those of you in the two designated areas should have received your mailing by now - Merry Christmas.In anticipation ...
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 MoreOral Arguments On Important Landlord Case To Be Heard on January 6, 2010
Posted by Tristan R. Pettit, Esq. in Caselaw, Tenant Damage, AASEW / Comments
The Wisconsin Supreme Court will hear oral arguments on the case of Maryland Arms L.P. v. Connell on Wednesday, January 6, 2010. This is a very important case for landlords as the decision will affect a landlord's ability to contract with his/her tenant.You can learn what the case is about by reviewing my earlier posts from May 28, 2009 and October 15, 2009.Oral arguments will be streamed at ...
Read MoreLandlords Sue City of Milwaukee To Stop Residential Rental Certificate Ordinance
Posted by Tristan R. Pettit, Esq. in Legislation, City of Milwaukee, Residential Rental Inspection (RRI) Program / Mandatory Rental I / Comments
On December 29, 2009, three landlords filed a lawsuit against the city of Milwaukee in an attempt to stop the new Residential Rental Certificate Ordinance that was recently passed. The lawsuit includes a complaint, motion for temporary injunction, ex parte motion for temporary restraining order (TRO) and supporting affidavits. Essentially, the plaintiffs are arguing that the ordinance as written is (1) unconstitutionally vague, (2) contains fatal defects, ...
Read MoreUpcoming AASEW Meetings, Topics & Speakers
Posted by Tristan R. Pettit, Esq. in AASEW, Lead-Based Paint, Remodeling / Renovation, Seminars / Comments
The Apartment Association of Southeastern Wisconsin, Inc. (AASEW) has some very interesting speakers and topics for its upcoming monthly membership meetings in 2010. All meetings are held on the 3rd Monday of the month at 7 pm at the Best Western Midway Hotel which is located at 1005 S. Moorland Road in Brookfield. There is no cost to attend the meetings. If you are not yet a member of ...
Read MoreRep. Marlin Schneider Amends AB-340 (CCAP Bill)
Posted by Tristan R. Pettit, Esq. in AASEW, Legislation, Screening Tenants, CCAP, Rep. Marlin Schneider / Comments
On December 2, 2009, Rep. Marlin Schneider (D-Wisconsin Rapids) made an amendment to AB-340. Referred to as Assembly Substitute Amendment 1 to 2009 AB 340, this revised bill essentially would create two versions of the CCAP database. Schneider's amendment appears to be -- based on its timing at least -- a partial response to the Apartment Association of SE Wisconsin's critical response to a memo that Schneider sent to other members of the Wisconsin ...
Read MoreAASEW Holiday Party Tonight
Posted by Tristan R. Pettit, Esq. in AASEW / Comments
It is not too late to attend. You can register at the door.Cost is $25 per person.Location: Clarion Hotel at 5311 S. Howell Ave.Music and lots of Food. Cash bar.forget about all of the anti-landlord legislation being drafted and celebrate the holidays with us.
Read MoreMayor Signs Milwaukee's Residential Rental Certificate Program Ordinance
Posted by Tristan R. Pettit, Esq. in Legislation, City of Milwaukee, Residential Rental Inspection (RRI) Program / Mandatory Rental I / Comments
About 1 hour before the close of business yesterday, December 10, 2009, Mayor Tom Barrett signed the city of Milwaukee's Residential Rental Certificate Program ordinance into law. Mayor Barrett left everyone waiting and wondering if he would sign it as the deadline to do so was the close of business yesterday.The ordinance can be read in its entirety here.The Preinspection Checklist can be found here. The checklist gives a ...
Read MoreDoes Your Tenant Have A Pet? If Yes, Then You Should Be Using A Written Pet Agreement
Posted by Tristan R. Pettit, Esq. in Rental Documents, Pets / Comments
NOTE: THIS BLOG POST WAS REVISED ON AUGUST 26, 2015 In talking with my clients and potential clients over the past year, I have also noticed that more and more landlords are allowing tenants to keep pets. I am not sure if this is because of the many pet owners that were also homeowners that have since lost their homes to foreclosure and have been forced to become renters ...
Read MoreAASEW Continues To Fight Against The City of Milwaukee's Residential Rental Certificate Program
Posted by Tristan R. Pettit, Esq. in AASEW, Legislation, Residential Rental Inspection (RRI) Program / Mandatory Rental I / Comments
The Apartment Association of Southeastern Wisconsin, Inc. (AASEW) continues its attempt to defeat the recently passed ordinance creating a Residential Rental Certificate Program in two areas of the city. On December 7, 2009, the AASEW issued a Press Release urging the mayor to veto the legislation in order to avoid expensive litigation. Additonally, President of the AASEW Tristan Pettit wrote a letter to Mayor Tom Barrett pointing out ...
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