Tristan’s Landlord-Tenant Law Blog
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What Is The Life Expectancy of the Carpet (or Refrigerator or Stove or Hardwood Flooring) In My Rental Unit?
Posted by Tristan R. Pettit, Esq. in Tenant Damage, Collections / Comments
Those of you that have appeared in eviction court in an attempt to obtain a money judgment against a tenant that has damaged your rental unit know that oftentimes the court will not allow you to recover the total cost to replace the damaged item. Even when the court agrees that the tenant caused the damage there will be times when a landlord cannot obtain the full replacement value.Often when this occurs it ...
Read MoreJudge Siefert to Rotate Out of Small Claims Division in August; Judge Carroll to Replace
Posted by Tristan R. Pettit, Esq. in Evictions, Milwaukee County / Comments
Walking into the courthouse today I ran into an acquaintance of mine who works within the court system. During our chat I learned that Judge John Siefert, who is currently presiding over the Small Claims Division (which includes all eviction actions) in Milwaukee County, will be rotating to a different calandar come August 1st. Judge Jane Carroll will be replacing Judge Siefert as the Small Claims judge. Judge Carroll is currently presiding ...
Read MoreNEW LANDLORD FORM NOW AVAILABLE REGARDING TENANT'S RESPONSIBILITY FOR LAWN CUTTING AND SNOW REMOVAL
Posted by Tristan R. Pettit, Esq. in Rental Agreements, Rental Documents / Comments
I have recently completed drafting a new form for landlords to use that is now being sold at Wisconsin Legal Blank Co., Inc.Addendum To Residential Rental Agreement: Responsibility for Yard Care and Exterior UpkeepForm #985 is entitled Addendum To Residential Rental Agreement. This document sets forth a tenant's responsibility for yard care and exterior upkeep of the rental property. This form should only be used if the landlord is renting out ...
Read MoreState Supreme Court To Jump Into The Debate Over Restricting Information on CCAP
Posted by Tristan R. Pettit, Esq. in Screening Tenants, CCAP, Rep. Marlin Schneider / Comments
The Journal Sentinel published an article on Saturday, March 13, 2010 entitled "Supreme Court Considers Limits To Online Court Records." It appears that while landlords have pretty much quashed Rep. Schneiders attempts to pass legislation on the restriction of infromation posted on CCAP, that the State Supreme Court will be reviewing the issue in the near future.Patrick Marley's article states that Rep. Schneider did not believe his CCAP ...
Read MoreAASEW Trader's Corner To Be Held Prior to Monthly Meeting on Monday, March 15th
Posted by Tristan R. Pettit, Esq. in AASEW, Investing In Rental Property / Comments
Are you thinking about buying or selling or trading? Or, maybe you're just wondering where the RE market is currently at. Or, maybe you know a non-member (future member?) who is. No matter, because all are welcome to join us at the new AASEW Traders' Corner.If that isn't enough, check this out. The Traders' Corner is also a great place to find a buyer for that truck you no longer ...
Read MoreFinally, Some Legislation That Actually Assists Landlords - Senate Bill 607
Posted by Tristan R. Pettit, Esq. in Legislation, Evictions, Notices / Comments
Senators Plale, Hansen, and Lasee introduced Senante Bill (SB) 607 yesterday. What a breath of fresh air it is to read this bill. Rather then making landlords jump through more and more hoops to protect our tenants and rental property, this bill actually assists us in doing our jobs. I am so used to blogging about proposed legislation that hurts (or at the very least hinders) landlords that this ...
Read MoreI Discovered A Really Informative Blog Devoted To Fair Housing Issues
Posted by Tristan R. Pettit, Esq. in Fair Housing / Discrimination, Protected Classes / Comments
This past weekend I was trying to think of some ways to add some variety and fun to Tristan's Landlord-Tenant Law Blog. While I feel that my blog is informative and helpful I wish that I could make it more fun. Toward that end I decided that I would spend some time trying some new types of blog posts in the future -- a list post (i.e. Top Ten Reasons ...
Read MoreSECURITY DEPOSIT TRANSMITTAL LETTERS: How To Draft A Legal 21-Day Letter
Posted by Tristan R. Pettit, Esq. in ATCP 134, Security Deposit / Comments
Security deposit withholding issues are the second most litigated area in landlord tenant law after evictions. If a landlord makes improper deduction from a tenant’s security deposit, pursuant to ATCP 134 and §100.20, Wis. Stats., the tenant may sue the landlord for double damages and attorney’s fees. There are numerous published Court of Appeals decisions in Wisconsin dealing with this exact issue. I would like to offer a ...
Read MoreWisconsin's New Lead-Safe Renovation Rule is Upon Us - April 22, 2010 - Get Trained
Posted by Tristan R. Pettit, Esq. in Lead-Based Paint, Remodeling / Renovation / Comments
From a March 1, 2010 post by Tim Ballering on the AASEW Advisors listserv:Beginning April 22nd you will be required to be trained and have WIDHFS or EPA certification even to work on your own pre 1978 rentalhousing.Yes the rule will be very expensive to comply with (See the articlesbelow). Yes it is another -- to put it in terms the government uses --unfunded mandate. But it is now the ...
Read MoreLandlords Will Be Required To Install Carbon Monoxide Detectors In Single Family and Duplex Rentals
Posted by Tristan R. Pettit, Esq. in Legislation, Carbon Monoxide Detectors / Comments
A new bill was recently passed by the Wisconsin Senate that will require landlords that rent out single-family homes and duplexes to install carbon monoxide detectors on all floors of these dwellings by Febraury 1, 2011.Senate Bill 415 was passed 69-27 via voice vote after the Assembly previously passed the bill by a 2/3's margin. You can read the entire history of the bill here. It is anticipated ...
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