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Wis. Stat. chapter 704 and Wis. Admin. Code chapter ATCP 134 govern landlord tenant law in Wisconsin. However, municipalities throughout Wisconsin have enacted their own ordinances that create variations in the Wisconsin statutes and administrative code.

It is important to understand local ordinances when practicing landlord tenant law in Wisconsin. These variances may provide additional protections to tenants or require specific procedures for landlords or tenants in relation to disputes regarding the rented premises.
An Example: Repairs
Repairs at…
Continue Reading Variations in the Legal Rights of Residential Landlords and Tenants

This blog post is authored by Atty. Gary D. Koch of Pettit Law Group S.C.The Consumer Financial Protection Bureau (CFPB) was created in 2011 primarily in response to the 2008 financial crisis and recession. It has been tasked with protecting consumers from unfair financial practices from banks, lenders, other financial companies, and, yes, even landlords. The CFPB was one of the agencies charged with enforcing the CARES Act, and has been active in regulating tenant screening processes.Earlier this February,…
Continue Reading How Are Landlords Affected Now That The Consumer Financial Protection Bureau Has Been Told to “stand down from performing any work task” by the President?

By statute, there are several types of notices that a landlord can serve on a tenant if the tenant commits a breach of their Residential Rental Agreement or when the landlord wishes to terminate the tenancy. If your Residential Rental Agreement with the tenant specifies something different, you would want to use the longer notice period.
Most of these notices can be used in periodic tenancies (such as a month-to-month tenancy) as well as a lease for the term…
Continue Reading Update On Notices Available To Wisconsin Landlords In Residential Tenancies

A recent Wisconsin Court of Appeals case complicates residential leases by applying the Wisconsin Consumer Act (WCA) to residential leases and uniquely calculating pecuniary loss under Wis. Stat. section 100.20(5) for a violation of Wis. Admin. Code § ATCP 134.08(10).

The case is Koble Investments v. Marquardt.1 A petition to review the decision is currently pending before the Wisconsin Supreme Court.

Landlords and tenants alike should be aware of its holding, as it has the potential to significantly…
Continue Reading Koble Investments, the Wisconsin Consumer Act, and Residential Leases

While some effects of the COVID-19 Pandemic may continue to linger, the Public Health Emergency officially ended in May 2023. Does that mean the CARES Act (Coronavirus Aid, Relief and Economic Security Act) is no longer relevant?
Unfortunately, the CARES Act is still relevant for landlords, specifically the 30-day notice period required for “Covered Dwelling Units.”
For a brief recap on the history and some potential issues for not complying with the Act, please see this prior blog post…
Continue Reading With the COVID-19 Pandemic Over, Is the CARES Act Still In Effect?

Do you want to learn everything there is to know about residential landlord-tenant law in Wisconsin? If so, then you must attend my next Landlord Boot Camp, which will be held on Saturday, November 16th, from 8:30 am – 6 pm at the Sonesta Hotel in WauwatosaI will cover everything a landlord needs to know about residential landlord-tenant law in Wisconsin.  We will be covering the all-important topics like:

  • Screening and Qualifying the Prospective Applicant and Fair Housing

…
Continue Reading Do you want to know everything about Residential Landlord-Tenant Law in Wisconsin? Then Attend My Landlord Boot Camp on November 16, 2024

Italian Greyhound, staring at something in the background

I recently received a question from a client asking whether she could legally charge a nonrefundable pet fee of $150 or a more significant pet rent of $150 for the first month (with all subsequent pet rent being $50). It was an interesting question. Below is the thought process I used to analyze and provide my client with an answer.
We already know that a landlord cannot charge a nonrefundable pet deposit. My previous blog post explains why.
Continue Reading Can Landlords Charge A Nonrefundable Pet Fee? Or What About Charging a Higher Pet Rent for the First Month?

The Rental Property Association of Wisconsin’s Annual Trade Show and Speaker Event, nicknamed RPA-CON 2024, will be held this Friday and Saturday, October 25th and 26th at The Ingleside. You will not want to miss this event. Over 60+ vendors and suppliers to the Rental Industry will be present, and a slew of speakers will present on all aspects of real estate.I will provide a Landlord-Tenant Law update on Friday, October 25th, at 10 a.m. and Saturday, October 26th,…
Continue Reading Don’t Miss the RPA’s Annual Tradeshow + Speaker Event – RPA-CON 2024 – On Friday, October 25th + Saturday, October 26th

Rental Sign

This is a guest blog post written by Atty. Dave Espin of Pettit Law Group S.C.
In light of the recent Koble Investments v. Marquette decision, it is now more critical than ever for landlords who hold rental properties in their personal names to consider transferring them to limited liability companies. If a tenant files a lawsuit (or a counterclaim in an eviction action) against you, landlords who hold properties in their personal names could face large money judgments…
Continue Reading Avoid ‘Fraudulent Transfers’ When Conveying Rental Property to LLCs

NOTE: The below blog post which was posted on June 18, 2024, is reproduced from the Rental Property Association of Wisconsin’s blog and was written by Atty. Heiner Giese, attorney for the RPA.
Since the Journal Sentinel and the other local news agencies won’t report on this, I thought it was important for people to know.
T
The Wisconsin Supreme Court today [06.18.24] issued it’s long-awaited ruling (Rule Petition 22-03) on how long eviction case records should remain available to…
Continue Reading Wisconsin Supreme Court Adopts Landlords' position on Eviction Record Retention

Landlord tenant law book on the lawyer desk.

This is a long blog post, and I apologize in advance, but I sincerely hope that you take the time to read it all the way until the end as it is very important that Wisconsin landlords know what they will be facing. This may be one of the biggest, if not the biggest, issues facing landlords in the last 30 years that I have been a practicing attorney, representing many of you.

Koble Investments v. Marquardt (“Koble”) is…
Continue Reading ATTENTION LANDLORDS: Wisconsin Court of Appeals case of Koble v. Marquardt Is Now Law

It is very important that landlords that are using the landlord-tenant law rental documents/forms that I draft, and which are sold through Wisconsin Legal Blank (WLB), ensure that they are using the most current forms.  To aid you in determining if you are using the most current version, WLB just published the document below on their website, so that you know have one place to go to determine if your rental documents are up to date. 
Please be…
Continue Reading It Is Very Important That Landlords Ensure That They Are Using the Most Current Version of WLB's Landlord Tenant Rental Forms.

Breaking News from the Rental Property Association of Wisconsin’s website and Blog:

Wisconsin Supreme Court rules on CCAP eviction records
04/16/2024 11:30 AM
The Wisconsin Supreme Court rejected Legal Action’s bid to make eviction judgments disappear in one year instead of the statutory 10-year retention period.
The industry and good renters owe a large thank you to Attorney Heiner Giese, Rick Van Der Leest of the Green Bay and Appleton Associations, and Chris Mokler of the Wisconsin Apartment Association…
Continue Reading Wisconsin Supreme Court Rules on CCAP Eviction Records

Spring 2024 Landlord Boot Camp for Rental Property Association of Wisconsin (RPA)

  • When:   April 13, 2024
  • 8:30 AM – 6:00 PM
  • Location – SONESTA HOTEL WEST (10499 W. Innovation Drive, Wauwatosa WI 53226)

Registration

  • Non-Member (Early Bird) – $399.00  (Includes 1 Year General Membership to the Rental Property Assoc. of Wisconsin)
  • RPA Member (Early Bird) – $249.00
  • RPA Member Refresher (Early Bird) – $199.00Available to members who attended an RPA Landlord Boot Camp within the past 2 years

TO…
Continue Reading Spring Landlord Boot Camp Will Be Held on Saturday, April 13th

Hi Everyone – I hope that you are all well on this rainy Friday afternoon.  I just wanted to alert those of you that use the Landlord-Tenant forms that I draft for Wisconsin Legal Blank, that I recently re-wrote the Nonstandard Rental Provisions (NSRP) form for clarity and legal conformity.  I recommend that you update your NSRP form accordingly to better protect yourself and your rental property.
Thanks
T
Continue Reading Updated Nonstandard Rental Provisions form Now Available at Wisconsin Legal Blank

I apologize for getting on my soapbox here, but most of you are either landlords or spend more than 40 hours a week representing landlords or working with them. If you don’t fall into one of the above categories, you probably will not want to read this blog post.
I recommend that you read this recent article about Matt Desmond, the author of Evicted and now the author of Poverty. It is called “Princeton’s Matthew Desmond Gets Everything Wrong …
Continue Reading Matt Desmond, Author of "Evicted" Has Some Detractors, Including Myself.