Landlord & Tenant

Even though the increase in vaccinations and other public health initiatives have resulted in a dramatic reduction in new COVID-19 cases hinting at a possible “return to normal,” recent industry publications are starting to report on an anticipated long-term result in what was once thought to be only a short-term trend for commercial leasing:  the permanent stay-at-home work force. One of the results of the sweeping changes to workplace utilization over the past year has been the perpetuation of work-from-home (or work-from-anywhere) professional staff.  This trend has resulted in many companies rethinking their commitments to brick and mortar office requirements.…
On March 29, 2021, the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) issued a joint statement saying that Landlords that evict or threaten to evict Tenants without advising the Tenants of their rights under the various eviction moratoria may be engaging in deceptive and unfair practices and will be monitored and investigated. The FTC and CFPB added that there have been “reports that major multistate landlords are forcing people out of their homes despite the government prohibitions or before tenants are aware of their rights.” The joint statement goes on to say that “both agencies will…
In welcome news for renters across the country, the Centers for Disease Control have extended the current Eviction Moratorium, which was set to expire on Wednesday, until June 30th. Under the extended order, residential tenants cannot be evicted from their homes solely for non-payment of rent, provided they give their Landlords (or Landlord’s agent) a signed copy of the CDC Eviction Moratorium Declaration Form (link below). (Note also that tenants who previously provided their Landlords with the Declaration do not need to provide a second copy of the Declaration to take advantage of the “extended” Moratorium). According to some estimates…
March 31, 2021, brings the end of the Centers for Disease Control and Prevention’s eviction moratorium – which means that rental assistance will be more important than ever to keeping tenant housing secure from eviction.1 Here’s how you can help your clients who need rental assistance. Tips on Rental Assistance Tenants should be prepared to provide details about themselves and their situation. It can be jarring for those new to assistance programs to have to provide personal information, such as household and income details, as well as documentation to prove those details. Frequently, the state or federal government is…
Have you noticed that landlords tend to be portrayed as evil and uncaring?  I’m reading lots of so-called news articles (that really are nothing but opinion pieces) with such sentiments.  The media also tend to treat all landlords as large companies making lots of money at the expense of tenants.  Did you know that the vast majority of landlords throughout the U.S. are small “mom & pop” landlords that own rental property in addition to working a full-time job? Our own Milwaukee Journal-Sentinel likes to push this false narrative.  Despite myself and other landlords having spent literally hours on the…
On April 18, 2018, Governor Walker signed 2017 WI Act 317 which contains several provisions pertaining to the rights of landlords and tenants. In general, the changes are landlord-friendly. The breadth of the act is too large in scope for this blog article. But, check back with KEW Tips for more laws affecting landlords. This article will focus on one aspect of the law: Emotional Support Animals, because who doesn’t love our furry (and not so furry) friends? Emotional Support Animals Emotional Support Animals (“ESAs”) are defined as follows: an animal that provides emotional support, well-being, comfort, or companionship to…
By Tim Ballering (justalandlord.com) Yesterday’s news contained many articles on Milwaukee’s Rental Housing Resource Center which is a collaboration to help both renters and housing providers. This was project was envisioned and started a couple of years ago. It became more relevant with the COVID economic crisis that has impacted the ability of folks to pay rent and avoid eviction. The partners are a very diverse group: Community Advocates, Legal Aid, Legal Action, IMPACT, Mediate Milwaukee, Hope House, the City of Milwaukee, County of Milwaukee, and the Apartment Association of Southeastern Wisconsin. The inclusion of the housing…
Under the CARES Act, passed in spring, the federal government imposed a 120-day moratorium on evictions for failure to pay rent for properties supported by federally-backed mortgages. This moratorium expired on July 24, 2020.  With the pandemic continuing, the President issued an executive order on August 8, 2020, directing various executive branches to consider solutions to evictions, in light of the ongoing pandemic environment. Following up on the guidance of the executive order, the Centers for Disease Control and Prevention (CDC) has issued a new temporary eviction moratorium. On September 4, 2020, the CDC invoked its powers under Section 361…
On September 1, 2020 the Centers for Disease Control implemented a nationwide moratorium on residential evictions until December 31, 2020 (“CDC Eviction Moratorium“). Under the Moratorium, Landlords are prohibited from taking any action to evict a residential tenant for non-payment of rent. While the order does not extinguish a tenant’s responsibility to pay rent, it does provide tenants with the ability to avoid eviction while arranging payment. Additionally, the moratorium does not stop eviction for other reasons besides non-payment. If you are a residential landlord or tenant, information about the CDC Eviction Moratorium is a must know! More…
Yesterday, the Trump administration announced an order temporarily halting certain residential evictions until the end of the year. The eviction moratorium, which is being enacted by the Centers for Disease Control and Prevention pursuant to its authority under Section 361 of the Public Health Service Act (42 U.S.C. § 264 et seq.), seeks to prevent the further spread of COVID-19. The nationwide moratorium could apply to as many as 40 million residential tenants. Despite its reach, the moratorium is not a blanket protection for all residential tenants. To qualify for protection under the moratorium, a tenant must expect to earn…
On September 1, 2020, the Centers for Disease Control and Prevention released a yet-to-be published Emergency Order (Order) prohibiting residential evictions.  The Order will take effect on its legal publication date (expected to be Friday, September 4, 2020) through December 31, 2020.  Specifically, the Order prohibits any action by a landlord or similar owner of residential property or other person with a legal right to pursue the remedy of eviction or possessory action, or to remove or cause to be removed a “covered person” from residential property. The basis given as to why the CDC has authority to implement this…
At the outset of the pandemic, the CARES Act imposed a 120-day moratorium on certain residential evictions.  When that moratorium lapsed on July 24, 2020, and while the pandemic continued in full swing, many looked to the federal government to enact further protections against evictions. On August 8, 2020, President Trump issued an executive order concerning residential evictions. Unlike the CARES Act, the executive order does not extend or impose a federal moratorium on evictions. Instead, the order directs several executive branches to consider solutions to evictions in light of the current environment. For example, the order directs the Health…
In late March, the federal government enacted the CARES Act (“Coronavirus Aid, Relief, and Economic Security Act”), which imposed a temporary moratorium on evictions for non-payment of rent for certain types of properties. The properties affected are those that participate in a covered housing program (as defined by section 41411(a) of the Violence Against Women Act of 1994 or the rural housing voucher program under section 542 of the Housing Act of 1949) or have a federally backed mortgage loan or a federally backed multifamily mortgage loan.  This moratorium expires on July 25, 2020.  Please note, however, the end of…
We have all heard reports that say residential rental evictions surged due to the Wisconsin eviction moratorium expiration in May.  When you look at a small time period (like the number of evictions that were filed after a 2+ month moratorium) you can always find numbers that will support your narrative. However, the real numbers show a 30% decline for the first six months of 2020 versus 2019. How can this be true, you ask? Listen to this podcast as WRA chief lobbyist Tom Larson and residential rental expert Tim Ballering from the Apartment Association of Southeastern Wisconsin (AASEW) break