Welcome to Tristan's Landlord Tenant Law Blog

Posted by Tristan R. Pettit, Esq. / Comments

Welcome. My name is Tristan Pettit and I am an attorney with the law firm of Petrie & Stocking S.C. One of my specialties is the area of landlord tenant law. I am also the current President of the Apartment Association of Southeastern Wisconsin (AASEW). I have been practicing in the area of landlord tenant law for over 13 years. I appear in eviction court several times per month in various counties. I also give seminars on all aspects of landlord tenant law to landlords, property managers, and others affiliated with the rental housing industry including other lawyers. Needless to say I enjoy the exciting (and often frustrating) area of landlord tenant law.

One day I was searching the internet to see if I could find a landlord tenant law website or blog in Wisconsin to connect with others in the industry. I was surprised to find only one blog in Wisconsin that even touched on the topic (Dr. Rent Chronicles from the Wausau area). I expanded my search a bit hoping to locate some L-T law blogs outside of Wisconsin - I found less than a handful and none of them seemed to discuss the nuts and bolts of landlord tenant law. While there are tons of blogs and websites devoted to real estate law, it is my opinion that landlord tenant law is a very specific sub-category of general real estate law and one that deserves it own voice. This lack of a forum for landlords and others related to the rental housing industry gave birth to Tristan's Landlord Tenant Law Blog.

It is amazing to learn how many landlords there are just in the Milwaukee area alone. You have the reluctant landlords - those who bought a new home and due to the poor economy were unable to sell their existing home and therefore were forced to rent it out. You have the rehabbers who bought a property that needed some work who hoped to fix it up and then sell it off only to find that in this poor real estate economy that there was a glut of properties and not enough buyers. Then you have the intentional landlords - those crazy individuals who enjoy chasing down rent money at all hours of the night and taking calls on weekends and holidays for clogged toilets and broken water heaters. It is my hope that this blog will offer something to both the intentional landlords and the reluctant landlords as well as others involved in the rental housing industry.

The area of landlord tenant law can be confusing at best and down right contradictory at worst. There are statutes, administrative code provisions, and case law out there all of which must be read and digested and applied to the specific facts of your situation. Add to that the fact that every county in Wisconsin has their own local rules for their respective court systems which often differ from the other counties. Further complicating matters is that even within the same county you have judges and court commissioners that interpret the law differently often resulting in very different outcomes.

It is my opinion that Wisconsin is a very tenant-friendly state. One need only look to the Wisconsin Administrative Code chapter entitled "Residential Rental Practices" (ATCP 134) to see that. ATCP 134 contains twenty-one rules that landlords must follow. Failure to abide by these rules opens the landlord up to being sued for double damages by their tenant and being required to pay the tenant's own attorney fees. Needless to say there are no such rules setting forth similar requirements for tenants.

I plan to discuss all aspects of landlord tenant law in this blog including: screening tenants, rental documents, Notices for Breach and/or Terminating Tenancy, ATCP 134, evictions, collections of money owed, security deposits, Fair Housing laws (discrimination), rent abatement, abandoned property, late fees and much more.

Because of Wisconsin being such a tenant-friendly state, landlords, owners, and managers need to have a firm grasp of landlord tenant law. It is my sincere hope that this blog will serve as a forum for those involved in the rental industry to learn, discuss, argue (politely), and interact with each other. In order to accomplish this I will need your support, readership, comments, and involvement. I hope that TRISTAN'S Landlord Tenant Law Blog will become a place where we can exchange ideas, answer questions, blow off some steam, make connections, and generally have fun.

Thanks

T