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Tristan’s Landlord-Tenant Law Blog
Archive of: Short-Term Rentals
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New Milwaukee Smoke Alarm Ordinance To Require Sealed Lithium Battery Units In Residential Rental Housing
Posted by Tristan R. Pettit, Esq. in Legislation, Smoke Detectors / Comments
The City of Milwaukee has introduced a change to the residential smoke alarm ordinance. If passed, the revised ordinance will require the use of sealed smoke alarm units with 10 year lithium batteries in all city residential rental housing. The proposed ordinance would require landlords to install the sealed unit when replacing a current removable-battery unit or by October 1, 2022, whichever occurs sooner.In is unknown what the impetus behind ...
Read MoreAttend AASEW's Landlord Boot Camp on October 20th and Learn All About Wisconsin Residential Landlord-Tenant Law
Posted by Tristan R. Pettit, Esq. in AASEW, Seminars / Comments
Due to popular demand, the Apartment Association of Southeastern Wisconsin will be holding a second Landlord Boot Camp this year on Saturday October 20, 2012. Our last Boot Camp in February had more than 80 attendees and it was necessary to turn a few away. Additionally with the passage of the new Landlord Omnibus Law (Act 143), which took effect on March 31, 2012, we felt ...
Read MoreAre Wisconsin Residential Leases Worth The Paper They Are Written On?
Posted by Tristan R. Pettit, Esq. in Rental Agreements, Mitigation of Damages / Re-Renting / Comments
In my personal opinion the answer is often "no." The reason being is due to Wisconsin's requirement that a landlord make reasonable efforts to re-rent the unit if a tenant is evicted or decides to vacate early, and if this is not done, the landlord is not entitled to further rent from the breaching tenant.Now don't get me wrong, I am not saying that leases in Wisconsin are worthless and ...
Read MoreAASEW Annual Landlord Trade Show - Wednesday September 19, 2012
Posted by Tristan R. Pettit, Esq. in AASEW, Legislation, Seminars / Comments
It is that time of year again . . . time for the leaves to start falling and the Apartment Association of Southeastern Wisconsin to host its Annual Trade Show. The AASEW Trade Show is the place to be on Wednesday, September 19, 2012 from 11 am - 5 pm. The Trade Show will be held at American Serb Hall at 5101 W. Oklahoma Avenue in Milwaukee, WI.Entrance to the event is ...
Read MoreAASEW's Next Meeting: How To Buy Rental Property In The New Economy Featuring Joe Dahl - Monday, August 20th
Posted by Tristan R. Pettit, Esq. in AASEW, Investing In Rental Property / Comments
I hope that you all can make it to the next AASEW membership meeting on Monday, August 20th, 2012 starting at 7 PM. Joe Dahl, a young and dynamic local landlord and property manager (and the newest member of the AASEW Board of Directors) will discuss how to successfully invest in real estate in this new economy.Joe has successfully bought rental property using his own money, bank ...
Read MoreLandlord Sues the Dish Network For The Costs To Remove Satellite Dishes from His Rental Property -- and Wins
Posted by Tristan R. Pettit, Esq. in Satellite Dishes / Comments
Most landlords have at one time been frustrated by a tenant who contacts a satellite television provider to install a satellite dish on the roof of a rental property without first obtaining the landlord's permission. In fact this unfortunately happens quite often.The tenant ignores the lease provision which states that they can make no modifications to the unit, the building or grounds without the ...
Read MoreAccepting Past Due Rent After Termination of Tenancy: The New Law and Traps To Avoid
Posted by Tristan R. Pettit, Esq. in Legislation, Evictions, Notices, Act 143 (Landlord's Omnibus Law) / Comments
The Landlord's Omnibus Law (Act 143) introduced a new statutory section to Chapter 799 regarding situations when a landlord accepts past due rent from a tenant after the tenant's tenancy has been terminated. Newly created sec. 799.40(1m) states as follows:If a landlord commences an action under this section against a tenant whose tenancy has been terminated for failure to pay rent, the action under this section may NOT be dismissed solely because ...
Read MoreJudge Mary Kuhnmuench Will Be New Small Claims/Eviction Judge in Milwaukee County
Posted by Tristan R. Pettit, Esq. in Evictions, Milwaukee County, Small Claims Court / Comments
In Milwaukee County we get a new small claims/eviction judge each year around August 1st or so. Most judicial rotations are three years long but for some reason --- possibly the high volume, tediousness, pro se litigants, stress level --- the small claims judge rotates every year.Milwaukee County's new small claims/eviction judge effective July 27, 2012, will be Mary M. Kuhnmuench. Judge Kuhnmuench is currently completing her rotation ...
Read MoreLearn About Wisconsin's New Landlord-Tenant Law At AASEW's Next Meeting on June 18th.
Posted by Tristan R. Pettit, Esq. in AASEW, Legislation, Act 143 (Landlord's Omnibus Law) / Comments
You will not want to miss the Apartment Association of Southeastern Wisconsin's next membership meeting on June 18, 2012. The focus of the meeting will be on Wisconsin's new Landlord Omnibus law (Act 143).The passage of this new law in late March made a lot of changes to landlord tenant law in Wisconsin - both residential and commercial. Landlords and management companies will need to make modifications 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 ...
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