Tristan’s Landlord-Tenant Law Blog
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AASEW's Next Meeting Focuses On The Topic of Credit Reports - Monday, July 18th
Posted by Tristan R. Pettit, Esq. in Credit Checks, AASEW / Comments
Would you like to know if your prospective tenant is a good credit risk?Then join the Apartment Association of Southeastern Wisconsin (AASEW) at our General Membership meeting on Monday, July 18th, 7:00 p.m, at the Best Western, 1005 South Moorland Road in Brookfield. Kathy Haines, of Landlord Services, LLC will present "Credit Reports 101: How To Determine If Your Prospective Tenant is a Good Credit Risk" At 6:30 p.m. right before our meeting, ...
Read MoreSmall Claims Jurisdictional Limit Increased To $10,000
Posted by Tristan R. Pettit, Esq. in Tenant Damage, Legislation, Evictions, Small Claims Court / Comments
Wisconsin's small claims jurisdictional limit was increased from $5,000 to $10,000 effective July 1, 2011. This increase was included in Governor Walker's 2011-2013 Budget Bill.The jurisidictional limit for small claims in Wisconsin was set at $5,000 back in 1995 and has remained the same for 16 years.I see this as a positive change for debt collectors and potentially landlords. All eviction actions -- regardless of the amount of rent owed -- ...
Read MoreBedbugs . . . Coming Soon To A Rental Property Near You
Posted by Tristan R. Pettit, Esq. in Bedbugs / Comments
No longer are bedbugs just a problem in foreign countries, New York City or Las Vegas. Bedbugs are alive and crawling in Wisconsin rental housing units. They have been found in single family rental homes and duplexes in addition to large multi-unit facilities. Unlike many other insects, bedbugs are not attracted to dirty living conditions or spilled food. So you may have a perfectly clean tenant with a spotless apartment ...
Read MoreNew Case Further Solidifies That A Landlord Is Not Liable For Injuries Caused By A Tenant's Dog
Posted by Tristan R. Pettit, Esq. in Dog Bites, Landlord Liability / Comments
A recent Wisconsin Court of Appeals decision has been recommended for publication that will assist landlords in defending against any claims filed by a third party that was bitten by a tenant’s dog.The case of Ladewig v. Tremmel, (2010AP1925) involved a claim for negligence against two landlords by a neighborhood boy that was bitten by the landlords’ tenant’s pit bull.The Court of Appeals was reviewing the trial court decision ...
Read MoreA Landlord Has Every Right To Enter His Rental Property . . . In Certain Situations.
Posted by Tristan R. Pettit, Esq. in Right of Entry / Comments
Unbeknownst to many tenants, a landlord has a legal right to enter his tenant’s rental unit in certain circumstances. The rental unit is still the landlord’s property and the law provides a landlord with the right to access that property.Implied in all residential rental contracts is what is referred to as the "covenant of quiet use and enjoyment." This covenant basically means two things:1. That the landlord guarantees that ...
Read MoreDon't Miss Bed Bug Boot Camp on June 28th, 2011
Posted by Tristan R. Pettit, Esq. in Seminars, Bedbugs / Comments
In response to the unprecedented spike in the resurgence of of bed bugs in the past year, Wil-Kil Pest Control is offerring a Bed Bug Boot Camp. From pest identification to the legal ramifications of bed bugs, both sessions offer property owners and managers the tools they need to effectively respond to the threat of bed bugs and includes a Bed Bug Canine Scent Detection Demonstration.Click here to see the Bed ...
Read MoreAvoid Homemade Rental Agreements . . . Regardless of What the Tenant Resource Center Tells You
Posted by Tristan R. Pettit, Esq. in Rental Agreements, Rental Documents / Comments
I received a troubling call from a landlord last week. This landlord had some questions regarding management of her rental properties and told me that she had previosuly called the Landlord-Tenant Resource Center for assistance. I informed the caller that there is no such animal as the Landlord-Tenant Resource Center and that she had actually spoken with the Tenant Resource Center, a very pro-tenant organization.The landlord continued to tell me that she ...
Read MoreHappy Belated 2nd Birthday to Tristan's Landlord-Tenant Law Blog
Posted by Tristan R. Pettit, Esq. / Comments
I apologize for the recent scarcity of blog posts. I plan on changing that in the near future. Things have been a bit hectic lately -- so hectic in fact that I failed to notice that this blog that you are reading has now turned two years old. I have a toddler on my hands -- look out terrible twos.I made a big to-do with my post last year celebrating ...
Read MoreEarnest Money Deposits . . . A Trap for the Uneducated Landlord
Posted by admin in Earnest Money / Comments
An earnest money deposit is defined as "the total of any payments or deposits . . . given by a prospective tenant to a landlord in return for the option of entering into a rental agreement in the future, or for having a rental agreement considered by a landlord." The applicable section of the Administrative Code that deals with earnest money is ATCP 134.05 (1) ...
Read MoreTwo Pro-Landlord Bills Are Proposed
Posted by Tristan R. Pettit, Esq. in Legislation / Comments
Two new bills have been proposed in Madison and both of them are pro-landlord.Landlord Pre-Emption BillRep. Robin Voss has proposed what is being referred to as the Landlord Pre-Emption Bill (LRB 1296/3). This bill prohibits any municipality from enacting an ordinance that does any of the following to a residential landlord:1. Prohibits or limits a landlord from obtaining or using various types of information about a tenant or ...
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