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Tristan’s Landlord-Tenant Law Blog
Archive of: Short-Term Rentals
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Update On Who May Represent A LLC in Eviction Court: New Rules To Start September 1st
Posted by Tristan R. Pettit, Esq. in Evictions, LLC's / Comments
Those of you that have been following my blog are aware that Milwaukee County Small Claims Court has indicated that it will not allow non-attorneys to represent LLC's in court in the near future.My earlier posts on this topic can be read here and here.A fellow board member from the AASEW informed me today that one of the owner's of a property he manages was handed the notice that ...
Read MoreMilwaukee's Chronic Nuisance Ordinance and It's Improper Use Against Landlords
Posted by Tristan R. Pettit, Esq. in AASEW, Evictions, City of Milwaukee, Nuisance Properties / Comments
The City of Milwaukee's Chronic Nuisance Ordinance (80-10) is a thorn in the side of many landlords. Essentially the ordinance says that if your property generates more than 3 calls for police service for "nuisance activities" within a 30 day period that the city will charge you for the costs associated with abating the alleged nuisance. Nuisance activities include the following: harassment, disorderly conduct, battery, indecent exposure, prostitution, ...
Read MoreState's Budget Bill Amends Tenant Protection Act
Posted by Tristan R. Pettit, Esq. in Legislation, Evictions, Foreclosures / Comments
On June 29, 2009 Governor Jim Doyle signed the 2009-11 state biennial budget bill into law. This law in part made modifications to the Tenant Protection Act (starts on page 108) which offers tenants certain protections during the foreclosure process. My earlier post on the Tenant Protection Act can be read here.Specifically, the state budget bill modified the current law related to tenant protections in foreclosure actions as follows:1. ADDED - ...
Read MoreMilwaukee County to Post Notice on Who Can File and Appear in Court on Eviction Actions
Posted by Tristan R. Pettit, Esq. in Evictions, LLC's / Comments
A friend of mine who is an employee at the courthouse and does much work in small claims court, and more specifically eviction court, forwarded to my attention earlier today a copy of a notice that will soon be posted in Room 400 (Eviction Court) and Room 104 (Clerk of Courts) of the Milwaukee County Courthouse.The notice addresses the issues of who may sign an eviction summons and complaint and ...
Read MoreAASEW's Response to Rep. Schneider's CCAP Legislation Can Be Found at www.DefeatAB340.org
Posted by Tristan R. Pettit, Esq. in AASEW, Screening Tenants, CCAP, Rep. Marlin Schneider / Comments
For those of you that have been following my blog, you are well aware that State Rep. Marlin Schneider (D-Wisconsin Rapids) has introduced yet another bill attempting to restrict the public's access to CCAP. This new bill also will remove certain information from even being included on CCAP. My prior blogs on this topic can be read here, here and here.The Apartment Association of Southeastern Wisconsin (AASEW), a collection of landlords ...
Read MoreFAIR HOUSING - PART 2: Interesting Statistics from HUD's 2008 Annual Report
Posted by Tristan R. Pettit, Esq. in Fair Housing / Discrimination, Protected Classes / Comments
I was recently reviewing the U.S. Department of Housing and Urban Development’s (HUD) Fiscal Year 2008 Annual Report on Fair Housing. Not exactly beach reading but then the weather here in Milwaukee isn’t exactly conducive to going to the beach.HUD and its various Fair Housing Assistance Programs (FHAP) agencies handle all complaints regarding discrimination related to the federal protected classes. To see a list if the 7 federal protected classes ...
Read MoreFAIR HOUSING - PART 1: What Are The Protected Classes?
Posted by Tristan R. Pettit, Esq. in Fair Housing / Discrimination, Protected Classes, Screening Tenants / Comments
A large part of my law practice is meeting with and consulting with landlords and management companies with regard to how to avoid trouble. This would include assisting them with the drafting of rental documents and guiding them on the proper notice to use when terminating a tenancy. It also includes consulting with clients with regard to fair housing / discrimination issues.I enjoy this consulting work as it typically occurs ...
Read MoreCCAP LEGISLATION INTRODUCED YESTERDAY
Posted by Tristan R. Pettit, Esq. in Screening Tenants, CCAP, Rep. Marlin Schneider / Comments
State Rep. Marlin Schneider has introduced his newest piece of legislation yesterday - Assembly Bill 340. Schneider's newest bill will once again interfere with a landlord's ability to properly screen his/her applicants through CCAP.First, AB-340 will require most users of CCAP to register and pay an annual fee. Second, It will also require you to inform an applicant if you denied them rental as a result of information you obtained from CCAP ...
Read MoreArticle and Video Regarding Recent Seminar On Advising and Defending Property Owners in Nuisance Actions
Posted by Tristan R. Pettit, Esq. in ATCP 134, Screening Tenants, Nuisance Properties, Seminars / Comments
On May 7, 2009 I spoke at the State Bar of Wisconsin Annual Convention. I was asked to speak at the Government Lawyer Division's seminar that focused on the topic of neighborhoods and nuisance properties. Specifically I was asked to speak on advising and defending property owners that have nuisance properties.The State Bar recently published a nice article summarizing my seminar presentation which was published through its online Inside Track newsletter. ...
Read MoreCCAP: SCREENING TOOL UNDER ATTACK, AGAIN!
Posted by Tristan R. Pettit, Esq. in Screening Tenants, CCAP, Rep. Marlin Schneider / Comments
I have had the opportunity to review the newly proposed legislation, authored by State. Representative Marlin Schneider (Wisconsin Rapids), that will affect landlords' use of CCAP when screening rental applicants. This legislation has not yet been officially introduced so there is no link to it available on the web. Currently Rep. Schneider is sending it around attempting to find others who are willing to co-sponsor it with him.First, the bill ...
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