Tristan’s Landlord-Tenant Law Blog
Call us: (414) 276-2850
Tristan’s Landlord-Tenant Law Blog
Archive of: Evictions
Wisconsin Supreme Court Adopts Landlords' position on Eviction Record Retention
Posted by Tristan R. Pettit, Esq. in Evictions, CCAP / Comments
NOTE: The below blog post which was posted on June 18, 2024, is reproduced from the Rental Property Association of Wisconsin's blog and was written by Atty. Heiner Giese, attorney for the RPA. Since the Journal Sentinel and the other local news agencies won't report on this, I thought it was important for people to know. T The Wisconsin Supreme Court today [06.18.24] issued it’s long-awaited ruling (Rule Petition 22-03) on how long eviction ...
Read MoreWisconsin Supreme Court Rules on CCAP Eviction Records
Posted by Tristan R. Pettit, Esq. in Evictions, CCAP / Comments
Breaking News from the Rental Property Association of Wisconsin's website and Blog: Wisconsin Supreme Court rules on CCAP eviction records 04/16/2024 11:30 AM The Wisconsin Supreme Court rejected Legal Action’s bid to make eviction judgments disappear in one year instead of the statutory 10-year retention period. The industry and good renters owe a large thank you to Attorney Heiner Giese, Rick Van Der Leest of the Green Bay and Appleton Associations, and Chris Mokler ...
Read MoreMatt Desmond, Author of "Evicted" Has Some Detractors, Including Myself.
Posted by Tristan R. Pettit, Esq. in Evictions / Comments
I apologize for getting on my soapbox here, but most of you are either landlords or spend more than 40 hours a week representing landlords or working with them. If you don't fall into one of the above categories, you probably will not want to read this blog post. I recommend that you read this recent article about Matt Desmond, the author of Evicted and now the author of ...
Read MoreHow Does A Tenant's Bankruptcy Interfere with Your Eviction?
Posted by Tristan R. Pettit, Esq. in Evictions, Bankruptcy / Comments
By Atty. Gary D. Koch of Petrie + Pettit S.C. A tenant's filing of a bankruptcy, whether it is a Chapter 7 or a Chapter 13, stops your eviction cold under most circumstances! Evictions are typically matters handled exclusively through the state court system, in whichever county the property is located. Every now and then, though, we have to make a trip to federal court to assist a landlord. This most frequently ...
Read MoreFAQ Regarding The Recent Decision on the Sealing of Eviction Records by the Wisconsin Supreme Court
Posted by Tristan R. Pettit, Esq. in Evictions, Sealing of Evictions / Comments
This FAQ blog post was written by Atty. Heiner Giese who is the attorney for the Rental Property Association of Wisconsin, Inc. (RPA) formally known as the Apartment Association of Southeastern Wisconsin (AASEW) The Wisconsin Supreme Court held an open administrative conference on October 9, 2023, to consider a petition (No. 22-03) filed by Legal Action of Wisconsin (LAW) concerning the retention of court records in eviction cases. Evictions are heard ...
Read MoreI Think That My Tenant Has Vacated the Rental Unit, What Do I Do Now? PART 1: Surrender of the Rental Unit
Posted by Tristan R. Pettit, Esq. in Evictions, Self-Help Evictions, Landlord Liability / Comments
In an ideal world, the tenant would return their keys, remove all personal property (including trash), and leave the rental unit spotless. Then it would be clear that the tenant has surrendered the rental unit and, as there wouldn’t be any personal property remaining, there would be nothing to debate its abandonment. Unfortunately, that rarely happens. In this situation, there are generally two main issues: (1) Has ...
Read MoreBack To Basics - Notices Terminating Tenancy
Posted by Tristan R. Pettit, Esq. in Evictions, Notices, CARES Act / Comments
By Atty. Gary D. Koch A previous post discussed methods of service of notices terminating tenancy, leaving a discussion on the various notices that can be utilized for a later post. Welcome to that post! When a landlord is in a situation where a tenancy needs to be terminated, the landlord must provide the tenant with a notice terminating the tenancy. This termination can be for a variety of reasons, or ...
Read MoreFTC States That Landlords That Evict or Threaten to Evict Tenants Without Advising Them of Their Rights Under Eviction Moratoria May Be Engaging in Deceptive and Unfair Practices
Posted by Tristan R. Pettit, Esq. in Evictions, CDC Eviction Moratorium / Comments
On March 29, 2021, the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) issued a joint statement saying that Landlords that evict or threaten to evict Tenants without advising the Tenants of their rights under the various eviction moratoria may be engaging in deceptive and unfair practices and will be monitored and investigated. The FTC and CFPB added that there have been "reports that major multistate landlords ...
Read MoreCDC Extends Eviction Moratorium Until June 30, 2021
Posted by Tristan R. Pettit, Esq. in Evictions, COVID-19, CDC Eviction Moratorium / Comments
On Monday, May 30, 2021, the CDC Issued an Order extending the Eviction Moratorium until at least June 30, 2021. The "guts" of the Order remain the same from the November 2020 Order which I have previously discussed in an earlier blog post. Some of the modifications that were made in this most recent Order include the following: 1. Moratorium is extended until June 30, 2021 2. A signed Declaration by a ...
Read MoreTHE MONEY IS FINALLY HERE . . . Learn How To Access Wisconsin's Emergency Rent Assistance Payments
Posted by Tristan R. Pettit, Esq. in Evictions, COVID-19, CDC Eviction Moratorium / Comments
As I am sure many of you have heard, back in December the Federal government agreed to set aside $25 Billion dollars for Rent Assistance as a result of Covid. Of that large amount, Wisconsin was allocated a total of $386,777,591.50 to be divvied up as follows: 1. Brown County - $7,907,949.30 2. Dane County - $8,579, 734.30 3. City of Madison - $7,762,609.60 4. Milwaukee County - $10,629,017.80 -- (to be distributed by Community Advocates) 5. City ...
Read More
