Tristan’s Landlord-Tenant Law Blog
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Tristan’s Landlord-Tenant Law Blog
Archive of: Rental Documents
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The 10 Deadly Sins: 10 Provisions That Landlords Cannot Include in Their Wisconsin Residential Rental Agreements
Posted by Tristan R. Pettit, Esq. in Rental Agreements, Rental Documents, Act 143 (Landlord's Omnibus Law), Act 76 (SB 179) / Comments
With the passage of Act 143 (2012) and Act 76 (2014) the legislature has created several new provisions that a Residential Landlord cannot include in his Rental Agreement. There are currently 10 items, which I affectionately refer to as the "10 Deadly Sins" that if they are included in your Wisconsin residential rental agreement will render the agreement void and unenforceable.In my representation of landlords over the past 20 ...
Read MoreRevised Wisconsin Legal Blank Forms Will Be Available on Monday, February 17th
Posted by Tristan R. Pettit, Esq. in Legislation, Rental Agreements, Rental Documents, Act 76 (SB 179), Wisconsin Legal Blank / Comments
As I hope most of you are aware, Wisconsin passed a new law that will great affect landlord-tenant law - Act 76. Whenever the law is changed, there is usually a need to revise and/or update your rental documents to comply with the law. That is definitely the case with the changes from Act 76.As such, I have had to update many of the rental documents that are ...
Read MoreNew & Improved Nonstandard Rental Provisions Form Available at Wisconsin Legal Blank
Posted by Tristan R. Pettit, Esq. in Caselaw, Rental Documents, Nonstandard Rental Provisions, Wisconsin Legal Blank / Comments
As many of you know, I draft the various landlord-tenant law forms that are sold at Wisconsin Legal Blank Co., Inc. In light of the recent court of appeals decision (Keyes & Gruner v. Waldbillig et. al) that I referenced in an earlier ...
Read MoreCourt of Appeals Decision Reminds Landlords To Review Their Nonstandard Rental Provisions Before Making Deductions from A Tenant's Security Deposit
Posted by Tristan R. Pettit, Esq. in Caselaw, Rental Documents, Security Deposit, Nonstandard Rental Provisions / Comments
The Wisconsin Court of Appeals, in an unpublished decision dated May 9, 2013, held that a landlord wrongfully withheld a portion of his tenants' security deposit for costs incurred when attempting to re-rent the rental unit.As I have mentioned in a prior post, Wisconsin law essentially allows a landlord to deduct only three things from a tenant's security deposit: (1) damage, waste, or neglect, (2) rent, (3) utilities. Any other items ...
Read MoreTop 10 Pitfalls That Landlords Should Avoid
Posted by Tristan R. Pettit, Esq. in AASEW, Notices, Screening Tenants, Rental Agreements, Rental Documents, CCAP, Seminars, Property Management, Rejecting Rental Applicants / Comments
Those of you that missed the last AASEW membership meeting on Monday, April 15, 2013, missed a great meeting and a great presentation. The featured presenter was John "Dr. Rent" Fischer, a Wausau-area landlord and rental property manager, who spoke to a packed house that Monday. John's presentation was dynamic, educational and at times pretty darn funny.With John's permission, I am providing you with a link to ...
Read MoreSo Are Illegal Provisions In Wisconsin Residential Rental Agreements Severable Or Not?
Posted by Tristan R. Pettit, Esq. in Legislation, Rental Agreements, Rental Documents, Act 143 (Landlord's Omnibus Law) / Comments
SHORT ANSWER: Yes . . . and No.LONG ANSWER: The newly passed law referred to as the Landlord's Omnibus Law (Act 143) adresses this issue but provides contradictory answers.In newly created sec. 704.02 of the Wisconsin Statutes, the law states quite clearly that the provisions of a rental agreement or lease are severable. Specifically, it states that if any ...
Read MoreNewly revised Landlord-Tenant Law Forms Available at Wisconsin Legal Blank on April 2 and April 3, 2012.
Posted by Tristan R. Pettit, Esq. in Notices, Rental Agreements, Rental Documents, Act 143 (Landlord's Omnibus Law) / Comments
Wisconsin's Landlord Omnibus Law (Act 143) went into effect today - April 1, 2012. As a result of the new law it was necessary for me to update many of the landlord-tenant law forms that are sold at Wisconisn Legal Blank. As of Monday, April 2, 2012, the following revised forms will be available:1. Residential Rental Agreement (Form #19)- Added language required in order for landlord to be able ...
Read More2011 Wisconsin Act 143 (Landlord Omnibus Law) Also Applies To Commercial Landlord-Tenant Law
Posted by Tristan R. Pettit, Esq. in ATCP 134, Legislation, Rental Agreements, Rental Documents, Security Deposit, Property Management, State of Wisconsin, Landlord Liability, Holdover Damages, Attorney's Fees, Act 143 (Landlord's Omnibus Law), Commercial L-T Law / Comments
While this blog primarily focuses on residential landlord-tenant law, on occasion I also touch on issues applicable to commercial landlord-tenant law. This is one such instance.Commercial landlord-tenant is more straightforward than residential in my opinion because commercial tenancies are less regulated than residential. Typically what a commercial landlord and tenant agreed to and placed into their lease agreement is what governs. The Wisconsin Administrative Code's ATCP 134 does not ...
Read MoreLandlord's Omnibus Bill Signed Into Law - Read It Now
Posted by Tristan R. Pettit, Esq. in ATCP 134, AASEW, Legislation, Rental Agreements, Rental Documents, State of Wisconsin, Act 143 (Landlord's Omnibus Law) / Comments
Governor Walker did sign the Landlord's Omnibus Bill into law.I appreciate the effort of everyone that called the Governor's office asking him to veto the bill due to its deficiencies.Here is a link to the new law. Much easier to read than having to go back and forth between the orginal bill, the Substitute bill and the two amendments.The two main concerns that I have with the law and which caused ...
Read MoreUpon Further Reflection, I Think The Governor Should Veto The Landlord's Omnibus Bill
Posted by Tristan R. Pettit, Esq. in Legislation, Notices, Rental Agreements, Rental Documents, Act 143 (Landlord's Omnibus Law) / Comments
I spent several hours yesterday reviewing and thinking about the new Landlord's Omnibus Bill that is to be signed into law today by Governor Walker at 4 pm.I then spent hours of time trying to summarize the new law in yesterday's blog post in an easy to read and understand format.Since publishing the blog post yesterday I have a few more thoughts and concerns:1. AASEW Board member and friend Tim Ballering ...
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