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Tristan’s Landlord-Tenant Law Blog
Archive of: Short-Term Rentals
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Don't Miss AASEW's Next Meeting Featuring Steve Smullin on Real Estate Trading
Posted by Tristan R. Pettit, Esq. in AASEW, Investing In Rental Property / Comments
Come join us at the next AASEW monthly membership meeting next week.When: Monday May 21st at 7 PMWhere: The Best Western, 1005 S. Moorland Road, in BrookfieldWho: Steven J. Smullin - Real Estate Problem Solving Since 1988.Topic: Real Estate Trading - It's All About the Benes . . . That's the Benefits, not the Benjamins.Cost: Free to current AASEW members, $25 to others. Note: Starting at our May meeting we will be ...
Read MoreWhat Can A Landlord Do With A Tenant's Abandoned Personal Property Under Wisconsin's New Law?
Posted by Tristan R. Pettit, Esq. in Act 143 (Landlord's Omnibus Law), Abandoned Property / Comments
With the signing into law of 2011 Wisconsin Act 143, a landlord's obligations with regard to a tenant's abandoned property has just gotten much easier.Prior to Act 143 a landlord had three options with respect to a tenant's abandoned property. The landlord could:1. Store the tenant's abandoned property on or off the premises and take a lien on the property for the actual and reasonable cost of removal and ...
Read MoreJoint Legislative Council Gives Clarification To Wisconsin's New Landlord's Omnibus Law
Posted by Tristan R. Pettit, Esq. in ATCP 134, AASEW, Legislation, Act 143 (Landlord's Omnibus Law) / Comments
You will recall from my earlier post that I had some concerns about the new Landlord's Omnibus Law (Act 134). One of my main concerns was that it was unclear from the wording of Act 143 whether or not a violation of chapter 704 would give rise to a claim by a tenant that would entitle the tenant to double damages and attorney's fees if successful.The portion of ...
Read MoreNew Landlord Omnibus Law: Odds and Ends
Posted by Tristan R. Pettit, Esq. in Legislation, State of Wisconsin, Act 143 (Landlord's Omnibus Law), Commercial L-T Law / Comments
There has been a lot of discussion about the new Landlord Tenant law in Wisconisn (2011 Wisconsin Act 143) since it became law on March 31, 2012. Some people's views seem similar to mine while others have interpreted the law completely differently than I do. Here is a link to one law firm's summary that in my opinion is completely off base, but then again they are Minnesota lawyers ...
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 ...
Read MoreLandlord's Omnibus Bill -- with Amendments -- To Be Signed Into Law Today
Posted by Tristan R. Pettit, Esq. in ATCP 134, Legislation, Rental Agreements, Rental Documents, State of Wisconsin, Act 143 (Landlord's Omnibus Law) / Comments
One of the biggest pieces of pro-Landlord legislation in quite some time was passed by the Wisconsin Senate and adopted by the Assembly recently and will be signed into law by Governor Walker today. Unfortunately some of the pro-Landlord provisions were amended, diluted, or removed.I am certainly not denouncing this new law. Many aspects of it will be very helpful to landlords. I just wish that more time had been allowed -- ...
Read MoreMilwaukee County Releases Dates That Eviction Court Will Be Closed in 2012
Posted by Tristan R. Pettit, Esq. in Evictions, Milwaukee County / Comments
Milwaukee County recently released all dates that Eviction Court will be closed in 2012. Most of them are obvious closings for holidays but there are a few that are not holiday-related.So make sure you don't schedule a return date in eviction court for any of these days:May 4, 2012May 28, 2012July 4, 2012September 3, 2012November 2, 2012November 23, 2012December 24, 2012December 25, 2012December 31, 2012
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