Tristan’s Landlord-Tenant Law Blog
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New "Residential Lease Renewal or Notice To Vacate" Form Available at Wisconsin Legal Blank
Posted by Tristan R. Pettit, Esq. in Rental Documents / Comments
I have recently completed drafting a new landlord-tenant form that is now available at Wisconsin Legal Blank Co., Inc.The new form is entitled "Residential Lease Renewal or Notice To Vacate" and a sample can be viewed here.Essentially this is a form that a landlord could use when his tenant's lease is ending (and does not automatically renew or revert to a month to month tenancy) and the ...
Read MoreLandlord Owes $40,000 to Tenant In Baltimore Bed Bug Lawsuit
Posted by Tristan R. Pettit, Esq. in Bedbugs / Comments
I stated in one of my prior posts that with the influx of bed bug infestations around the country, that it would only be a matter of time until we saw an increase in bed bug litigation as well.While bed bug litigation is in its infancy, it has taken a large step forward recently.A jury in Baltimore recently awarded a tenant $40,000 in damages, in what is described by the ...
Read MoreFor Those of You Who Thought The Installation of A Smoke Detector Was Simple . . . READ THIS.
Posted by Tristan R. Pettit, Esq. in City of Milwaukee, Smoke Detectors / Comments
AASEW Board member Tim Ballering wrote the City of Milwaukee Department of Neighborhood Services (DNS) back in June to ask for clarification about the proper placement of smoke detectors in his residential rental units in the city of Milwaukee.Ballering was prompted to write to DNS becasue he felt there was some confusion among DNS inspectors as to where smoke detectors should be installed.Below is the entire text of Ballering's email ...
Read MoreDon't Miss the 2nd Annual East Side Landlord Think Small Conference on Wednesday November 9, 2011
Posted by Tristan R. Pettit, Esq. in Notices, City of Milwaukee, Seminars, Milwaukee County / Comments
I will be the featured speaker at the upcoming East Side Landlord Think Small Conference on Wednesday, November 9, 2011 from 3 pm - 6:30 pm at UW-Milwaukee, Chapman Hall located at 2310 E. Hartford Avenue, in the Regent's Room on the 2nd floor.This conference is FREE to any and all interested landlords, with a special focus on Milwaukee's East Side landlords.This conference is composed of 3 componants:1. Featured Speaker - I ...
Read MoreNew Federal Bill Would Add Two New Protected Classes To Federal Fair Housing Act
Posted by Tristan R. Pettit, Esq. in Fair Housing / Discrimination, Legislation / Comments
On September 26, 2011 both chambers of the U.S. Congress introduced legislation that would extend housing discrimination laws to include protections based on sexual orientation and gender identity. The HOME (Housing Opportunities Made Equal) Act was introduced by Sen. John Kerry and others. The bill would amend the Fair Housing Act to prohibit housing discrimination and intimidation on the basis of sexual orientation and gender identity.Wisconsin is one ...
Read MoreNew Bills Would Limit Tenant's Attorney's Fees When Suing Landlords
Posted by Tristan R. Pettit, Esq. in ATCP 134, Legislation, State of Wisconsin / Comments
There are two new proposed laws that if passed would limit the amount of attorney’s fees that could be awarded to a tenant that has sued his/her landlord for violation of ATCP 134 to 3 times the amount of compensatory damages in Wisconsin. The proposed legislation (Special Session Assembly Bill 12 & Special Session Senate Bill 12) was introduced by the committee on Senate Organization and the ...
Read MoreRevised Small Claims Summons Required To Be Used As of November 1, 2011
Posted by Tristan R. Pettit, Esq. in Evictions, Milwaukee County, Small Claims Court / Comments
In a prior post I explained that the small claims jurisdictional limit was increased from $5,000 to $10,000 as of July 1, 2011. This change has necessitated a revision to the mandatory small claims summons form that is required to be used when filing an eviction, replevin, and collection actions under $10,000 (as well as arbitrations confirmations and personal injury claims less than $5,000).So far, the Clerk of Courts has been accepting ...
Read MoreCrime-Free Lease Bill On The Horizon
Posted by Tristan R. Pettit, Esq. in AASEW, Legislation, Notices / Comments
On September 12, 2011, on behalf of the AASEW, I traveled to Madison to meet with the Wisconsin Rental Housing Coalition, several legislators’ aides, and an attorney from the Legislative Reference Bureau to assist in the review of and drafting of a new piece of legislation that will greatly affect residential landlords.Not yet a bill, this proposed legislation is referred to as LRB-2098/1 or informally as the “Crime-Free Lease bill.” Initiated ...
Read MoreMilwaukee County Eviction Court Commissioner To Speak At Next AASEW Meeting on Oct. 17th
Posted by Tristan R. Pettit, Esq. in AASEW, Evictions, Milwaukee County / Comments
On Monday, October 17, 2011, Milwaukee County Eviction Court Commissioner Rosa Barillas will speak at the Apartment Association of Southeastern Wisconsin's general membership meeting.The meeting will start at 7 pm and be held at the Best Western Midway Hotel located at 1005 S. Moorland Road in Brookfield, WI.Commissioner Barillas will speak to the group about mistakes that she sees landlords make in eviction court and how they can ...
Read MoreUpdate on Landlord Pre-Emption Bill
Posted by Tristan R. Pettit, Esq. in Legislation, Screening Tenants, State of Wisconsin, City of Madison / Comments
It has been awhile since I updated everyone on the pro-landlord legislation that is being addressed in Madison. Senate Bill 107 (SB 107) -- referred to as the Landlord Pre-Emption Bill -- has been passed by the Wisconsin Senate and is currently being reviewed by the House this term (AB 155).You may recall that SB 107 prohibits any municipality from enacting any ordinance that limits a ...
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