Tristan’s Landlord-Tenant Law Blog
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DNS COMMISSIONER TO SPEAK AT JUNE AASEW MEETING
Posted by Tristan R. Pettit, Esq. in AASEW, DNS / Comments
I hope that AASEW members and non-members will all come out in force to attend the AASEW's June membership meeting on June 15, 2009. Our main speaker will be the Department of Neighborhood Services new Commissioner Mr. Art Dahlberg. We are not yet certain what Mr. Dahlberg's speaking topic will be at this time but check back to this Blog for updates. Mr. Dahlberg has been more than willing to ...
Read MoreMILWAUKEE CO. TO REQUIRE LLCs TO BE REPRESENTED BY AN ATTORNEY
Posted by Tristan R. Pettit, Esq. in Evictions, LLC's / Comments
It has recently come to my attention that Milwaukee County small claims court will in the very near future prohibit any individual other than a lawyer to represent a LLC's in court. This would mean that a landlord that owns his rental property in an LLC would no longer be able to appear in court to pursue his/her eviction case against a tenant. This is a change from how things ...
Read MoreAASEW MEETING ON HOW TO BUY FORECLOSED PROPERTIES - MAY 18th
Posted by Tristan R. Pettit, Esq. in Foreclosures, Investing In Rental Property / Comments
Anyone interested in purchasing foreclosed properties will not want to miss the Apartment Association of Southeastern Wisconsin's upcoming monthly meeting on Monday, May 18, 2009 at 7 pm at the Best Western Midway Hotel located at 1005 S. Moorland Rd. in Brookfield.Attorney James Mulligan, an expert in the area of foreclosures, will be the key note speaker and will discuss how to purchase foreclosed properties as well as provide us ...
Read MoreWHO MAY BRING AN EVICTION LAWSUIT
Posted by Tristan R. Pettit, Esq. in Evictions / Comments
§799.40 of the Wisconsin Statutes states that an eviction action may be commenced by a "person entitled to possession of the property." This law has often been ignored and many eviction lawsuits have been brought in the name of someone other than the owner of the property. Oftentimes a management company is named as the plaintiff rather than the actual owner of the property.Milwaukee County is paying close attention ...
Read More5 DAY NOTICES AND LATE FEES IN MILWAUKEE COUNTY
Posted by Tristan R. Pettit, Esq. in Late Fees, Notices / Comments
Around March 1, 2009 or so, Milwaukee County court commissioners began dismissing eviction lawsuits that were based on 5 day notices that included any amounts other than "rent."The statute regarding 5 day notices, §704.17, Wis. Stats., states that if a tenant "fails to pay any installment of rent when due" the landlord may issue them a 5 day notice to pay rent or vacate the unit.In the ...
Read MoreA NEW COLLECTIONS TOOL FOR LANDLORDS IS AVAILABLE
Posted by Tristan R. Pettit, Esq. in Collections / Comments
The Apartment Association of Southeastern Wisconsin has recently entered into a contract with Rent Recovery Service so that AASEW members can receive a discount on this new collection tool for landlords.You can access Rent Recovery Services from the AASEW website. After providing Rent Recovery Service with the necessary information about your ex-tenant, RRS will send a letter to the debtor advising them of the debt. If the ex-tenant has ...
Read MoreNEW PUBLISHED CASE ON EMERGENCY ASSISTANCE STAYS
Posted by Tristan R. Pettit, Esq. in Caselaw, Emergency Assistance / Comments
We will soon have a published Wisconsin Court of Appeals decision on the issue of emergency assistance stays in eviction actions that will assist us as landlords in removing the non-paying tenant.Sec. 799.40(4) of the Wisconsin Statutes states that a court must stay an eviction action brought against a tenant that has applied for emergency assistance. The stay remains in effect until it is determined if the ...
Read MoreTENANT PROTECTION ACT PASSED
Posted by Tristan R. Pettit, Esq. in Legislation, Evictions, Foreclosures / Comments
A new law has recently been passed that will affect rental property owners that may be in the unfortunate position of having their properties foreclosed upon as well as those individuals that may be purchasing a property that has been foreclosed. Sen. Lena Taylor's bill referred to as the "Tenant Protection Act" (SB 78) was incorporated into the budget repair bill that was recently passed. The new law requires that ...
Read MorePASSING OF WORTHLESS CHECKS WILL NOT BE PROSECTED IN CITY OF MILWAUKEE
Posted by Tristan R. Pettit, Esq. in Bad/Bounced Checks, City of Milwaukee / Comments
Issuing a worthless check is a crime in Wisconsin. Accordingly, when a tenant pays his/her rent or security deposit with a worthless check I typically advise my landlord clients to do two things: (1) serve the tenant with the proper notice terminating tenancy for failure to pay rent so that an eviction action can be commenced against the tenant, and (2) report the crime to the local police so that a ...
Read MoreTIME TO REVIEW YOUR RENTAL DOCUMENTS
Posted by Tristan R. Pettit, Esq. in Rental Agreements, Rental Documents / Comments
With the new year already upon us, I encourage all property owners and managers to spend some time reviewing their current rental documents so that any needed changes can be made before accepting new applicants. Below are some questions and ideas that may assist you in your review.Is the rent amount that you are charging your current tenants in line with the what other similar properties are being rented for ...
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