<!–

ID Value
sectionSlug landlord-tenant
baseURL http://petriepettit.com
perch_page_path /blog-post.php
0
image
excerpt
categories
Array
(
    [0] => 108
)
author_image /admin/resources/tpcandid8828.jpg
1
og_title When Are Landlords Able to Serve Notices Again and What is the Status of The Other COVID-19{…}
og_description
og_image
og_type
2
3
4
5
6
7
8
9
itemID 498
postID 498
blogID 1
postTitle When Are Landlords Able to Serve Notices Again and What is the Status of The Other COVID-19{…}
postSlug when-are-landlords-able-to-serve-notices-again-and-what-is-the-status-of-the-other-covid-19-emergenc{…}
postDateTime 2020-05-26 00:00:00
postDescRaw Trying to keep track and make sense of the numerous state, county, and municipal orders not to{…}
postDescHTML Trying to keep track and make sense of the numerous state, county, and municipal orders not to{…}
postDynamicFields {“0″:null,”image”:null,”excerpt”:{“_flang”:”plain”,”raw”:””,”processed”:””},”categories”:[“108”],”au{…}
postTags
postStatus Published
authorID 2
sectionID 3
postCommentCount 0
postImportID
postLegacyURL
postAllowComments 0
postTemplate post.html
postMetaTemplate post_meta.html
postIsPublished 1
sortval 498
paging false
total 1
number_of_pages 1
total_pages 1
per_page 1
current_page 1
lower_bound 1
upper_bound 1
prev_url
next_url
prev_page_number
next_page_number
first_page_url /blog-post.php?section=landlord-tenant&s=when-are-landlords-able-to-serve-notices-again-and-what{…}
last_page_url /blog-post.php?section=landlord-tenant&s=when-are-landlords-able-to-serve-notices-again-and-what{…}
first_page true
last_page true
perch_0
perch_image
perch_excerpt
perch_categories
Array
(
    [0] => 108
)
perch_author_image
perch_1
perch_og_title When Are Landlords Able to Serve Notices Again and What is the Status of The Other COVID-19{…}
perch_og_description
perch_og_image
perch_og_type
perch_2
perch_3
perch_4
author_biog

Tristan is the Executive Vice President and shareholder with the law firm of Petrie+Pettit and focuses his practice in the area of landlord-tenant law representing landlords and property management companies throughout Wisconsin.

author_link /people/tristan-r-pettit
authorGivenName Tristan R.
authorFamilyName Pettit, Esq.
authorEmail tpettit@petriepettit.com
authorPostCount 363
authorSlug tristan-r-pettit-esq
authorImportRef tristan
authorDynamicFields {“author_image”:{“assetID”:”232″,”title”:”TP Candid{…}
perch_author_biog

Tristan is the Executive Vice President and shareholder with the law firm of Petrie+Pettit and focuses his practice in the area of landlord-tenant law representing landlords and property management companies throughout Wisconsin.

perch_author_link /people/tristan-r-pettit
postURL /blog/landlord-tenant/when-are-landlords-able-to-serve-notices-again-and-what-is-the-status-of-the-o{…}
postURLFull http://petriepettit.com/blog/landlord-tenant/when-are-landlords-able-to-serve-notices-again-and-what{…}
perch_item_first true
perch_item_last true
perch_item_zero_index 0
perch_item_index 1
perch_item_rev_index 1
perch_item_rev_zero_index 0
perch_item_odd
perch_item_count 1
perch_index_in_set 1
perch_zero_index_in_set 0
perch_first_in_set true
perch_last_in_set true
perch_namespace perch:blog

–>

Posted by Tristan R. Pettit, Esq.
in
COVID-19
/ Comments

Trying to keep track and make sense of the numerous state, county, and municipal orders not to mention the federal laws related to Coivd-19 is difficult at best. So, I thought I would put together this update so that everyone is on the same page.1

  • Governor Evers’ Emergency Order # 15 – Temporary Ban on Notices, Evictions and the filing of Writs – ends on Tuesday, May 26, 2020. To be safe I am encouraging clients to wait until Wednesday, May 27th to serve any notices, file any eviction actions, or file any writs with the Sheriff’s Department. After waiting all of this time, plus the additional wait time for the case to get heard in court, why risk the chance that a Court might dismiss your eviction stating that you served the notice too early or filed the eviction too early. You have had to be patient this long, what is one more day for peace of mind. So on May 27th, you are able to serve failure to pay rent notices, non-rent breach notices, and send notices of non-renewal.
  • BUT, if your rental property is covered by the CARES Act, which includes those properties with mortgages backed by Freddie Mac or Fannie Mae, or properties that receive Low Income Housing Tax Credits (LIHTC), accept Section 8 vouchers (only applies to the unit with the voucher not the entire building), or are site-based Sec 8 housing and various other programs, you are prohibited from serving a notice for failure to pay rent or filing an eviction for failure to pay rent until after July 25th. It is important to note that the CARES Act does not prohibit the service of notices for non-rent breaches or filing an eviction based on same.
  • Per DATCP’s Order 20-R-02, Landlord is prohibited from charging any late fees or late rent penalties for any missed rent payments during the current Public Health Emergency, which started on March 12th (Executive Order #72), and runs for an additional 90 days after the end of the Public Health Emergency. So we will not know when this prohibition for charging late fees will end until we learn when the Public Health Emergency has ended.
  • Per the City of Milwaukee’s “Stay at Home” Order, a Landlord or rental property manager is still prohibited from entering a leased residential rental premises unless a maintenance emergency exists. This Order does not have a termination date. Other counties or local municipalities have issued versions of this Order as well, so please check for any local ordinances where you rental property is located before proceeding.

Tristan is the Executive Vice President and shareholder with the law firm of Petrie+Pettit and focuses his practice in the area of landlord-tenant law representing landlords and property management companies throughout Wisconsin.