Tristan’s Landlord-Tenant Law Blog
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ATCP 134: THE 7 DEADLY SINS - 7 PROHIBITED RENTAL PROVISIONS
Posted by Tristan R. Pettit, Esq. in ATCP 134, Rental Agreements, Rental Documents / Comments
04/16/15 - UPDATE - This blog post has been updated by a new blog post dated 04/16/15 and entitled THE 10 DEADLY SINS: 10 PROVISIONS THAT LANDLORDS ANNOT INCLUD IN THEIR WISCONSIN RESIDENTIAL RENTAL AGREEMENT Did you know that if you have an illegal provision in your rental agreement that the entire agreement may be unenforceable? Unfortunately this is true. In the case of Baierl v. McTaggart the Wisconsin ...
Read MoreLEAD-BASED PAINT DISCLOSURE FORM: YOU MUST USE THIS DOCUMENT!
Posted by Tristan R. Pettit, Esq. in Lead-Based Paint, Rental Documents / Comments
Just last week I read yet another article about an owner and its management company in California being threatened with a $330,000 fine for failure to give it's tenants a lead-based paint and lead-based paint hazard disclosure notice as required under federal law. Yes, that number is correct - $330,000 - I did not mistakenly add an extra 0 or two. That is $11,000 per violation for the 30 ...
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 MoreCOURT OF APPEALS SAYS TENANT NOT LIABLE FOR FIRE DAMAGE
Posted by Tristan R. Pettit, Esq. in Caselaw, Tenant Damage / Comments
The court of appeals recently released its decision in the case of Maryland Arms Limited Partnership v. Connell. This decision has been reccomended for publication. The issue in this lawsuit was whether the landlord or the tenant should be liable for damage to an apartment unit when the damage was not caused by the negligence of either the landlord or tenant. The Court of Appeals held that it is ...
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 MoreNEW RULES FOR LEAD-SAFE REMODELING GO INTO EFFECT IN 2010
Posted by Tristan R. Pettit, Esq. in AASEW, Lead-Based Paint, Remodeling / Renovation / Comments
New rules for remodeling of houses built before 1978 go into effect in April of 2010. As of April 22, 2010 any person or business that disturbs more than 6 square feet of interior surface that may contain lead-based paint or more than 20 square feet of exterior surface that may contain lead-based paint will be subject to the EPA's 2008 Lead Renovation, Repair and Painting Rule.In the past a ...
Read MoreNEW LEGISLATION TO MAKE VICTIMS OF ABUSE A NEW PROTECTED CLASS
Posted by Tristan R. Pettit, Esq. in Fair Housing / Discrimination, Legislation, Protected Classes / Comments
On May 14, 2009, Wisconsin Senator Spencer Coggs along with 7 other state senators introduced 2009 Senate Bill 204 entitled the "Victim Fair Housing Act."This bill will prohibit discrimination in housing on the basis of a person's status as a victim of domestic abuse, sexual assault, or stalking. The bill also prohibits the owner of housing from requiring that a rental applicant supply information concerning the person's status as ...
Read MoreDNS COMMISSIONER TO SPEAK AT JUNE AASEW MEETING
Posted by Tristan R. Pettit, Esq. in AASEW, DNS / Comments
I hope that AASEW members and non-members will all come out in force to attend the AASEW's June membership meeting on June 15, 2009. Our main speaker will be the Department of Neighborhood Services new Commissioner Mr. Art Dahlberg. We are not yet certain what Mr. Dahlberg's speaking topic will be at this time but check back to this Blog for updates. Mr. Dahlberg has been more than willing to ...
Read MoreMILWAUKEE CO. TO REQUIRE LLCs TO BE REPRESENTED BY AN ATTORNEY
Posted by Tristan R. Pettit, Esq. in Evictions, LLC's / Comments
It has recently come to my attention that Milwaukee County small claims court will in the very near future prohibit any individual other than a lawyer to represent a LLC's in court. This would mean that a landlord that owns his rental property in an LLC would no longer be able to appear in court to pursue his/her eviction case against a tenant. This is a change from how things ...
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