Landlord & Tenant

I hope that you can join me for my next Landlord Boot Camp on Saturday, October 10, 2026.Since 2008, I have taught more than 2,500 landlords statewide how to do things the right way.I would like you to be one of the next Landlord Boot Camp attendees.Pettit Law Group S.C., my law firm, will be hosting Tristan’s Landlord Boot Camp going forward. Note the new location.Please see below for more information about the seminar.Seating will be limited to only…
Continue Reading Only 14 spots left for Tristan’s Landlord Boot Camp on October 10th

I recently completed drafting several new and improved rental forms for Wisconsin Legal Blank (WLB). Specifically, I revised the Rental Agreement, Rules + Regulations, and Nonstandard Rental Provisions (NSRP) rental forms.The changes to the Rental Agreement and Rules + Regulations were pretty extensive. The changes include, but are not limited to, the following:

  • Adding a “Definitions” section to streamline the text of the forms.
  • Highlighting “Joint and Several Liability” within the forms.
  • Adding a new “Fair Housing” disclosure

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Continue Reading New and Improved Rental Agreement, Rules + Regulations, and NSRP Forms Now Available

 
One of the biggest mistakes I see landlords and property management companies make is focusing only on whether a fee can legally be charged while ignoring whether the fee is disclosed and, if so, whether it is disclosed accurately.
Under Wisconsin law, disclosure matters . . . a lot.
In fact, many DATCP investigations into rental housing fees charged by landlords focus on allegations that the landlord failed to adequately disclose the true cost of renting the property.
Continue Reading Wisconsin Landlords Need To Be Careful About Rental Fee Disclosures

HelloI hope that you can join me for my next Landlord Boot Camp on Saturday, October 10, 2026. Since 2008, I have taught more than 2,500 landlords throughout the state how to do things the right way.I would like you to be one of the next Landlord Boot Camp attendees.Pettit Law Group S.C., my law firm, will be hosting Tristan’s Landlord Boot Camp going forward. Note the new location.Please see below for more information about the seminar.Seating will be…
Continue Reading Tristan’s Landlord Boot Camp – October 10, 2026

Over the past few years, we’ve seen an increase in hospitals and health care systems using credit tenant lease (“CTL”) financing for new outpatient projects. Below is an overview of CTL financing.

  • Overview – CTL financing has been around for many years. In some circles, it’s referred to as lease financing or synthetic lease financing. Regardless of the name, it’s a unique way for hospitals to tap into long-term, low-cost financing based on the hospital’s credit profile. This type
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    Continue Reading Weekly Hospital Real Estate Briefing: What Hospitals Need to Know About Credit Tenant Lease Financing

    In 2001, the Wisconsin Supreme Court noted that courts have long acknowledged the inequality of bargaining power between landlords and tenants. In the case Baierl v. McTaggart, the Supreme Court held that a residential rental agreement was void if it contained provisions prohibited by the Wisconsin Department of Agriculture, Trade and Consumer Protection’s administrative code rules (ATCP).

    Then in 2007, the Wisconsin Legislature codified this ruling at Wis. Stat. § 704.44. This history – and precedent – were seemingly…
    Continue Reading  Wisconsin Supreme Court Restores the Imbalance of Power in Koble Housing Case

    “The law does not allow a tenant to occupy premises rent-free simply because the lease is void and unenforceable.”

    (Justice Rebecca Bradley, writing for the majority in  Koble Investments v. Marquardt, 2026 WI 19, ¶ 28.)

    On Friday, June 5, 2026, the Wisconsin Supreme Court (hereinafter “Court”) issued its opinion in the case of Koble Investments v. Elicia Marquardt, et al.[i]. The case had been pending before the Court since May 2024, after the District III Court…
    Continue Reading Wisconsin Supreme Court Hands Landlords a Win in Koble Investments v. Marquardt

    On June 5, 2026, the Wisconsin Supreme Court issued its decision in Koble Investments v. Marquardt, 2026 WI 19, reversing a court of appeals ruling that had unsettled residential landlord-tenant law across the state. The Court of Appeals originally held that a residential lease is a “consumer transaction” subject to the Wisconsin Consumer Act (“WCA”) debt-collection prohibitions and that the lease was void and unenforceable under Wis. Stat. § 704.44(10) and Wis. Admin Code § ATCP 134.08(10), exposing landlords…
    Continue Reading Wisconsin Supreme Court Confirms the Consumer Act Does Not Govern Residential Leases

    This blog post was drafted by Atty. Tristan Pettit and Atty. Gary Koch, and edited by Atty. Jennifer Hayden, all of Pettit Law Group S.C.At long last (oral arguments were held back in September of 2025!), the Wisconsin Supreme Court has issued its decision in the Koble Investments vs. Elicia Marquardt case. The wait has been worth it! The Landlord prevailed on all issues, and the Wisconsin Supreme Court reversed the prior decision by the Court of Appeals.Just…
    Continue Reading Wisconsin Supreme Court Issues Koble Investments vs. Elicia Marquardt Decision

    For a brief period in Wisconsin, owning rental housing carried significant legal risk. After the Court of Appeals decision in Koble Investments v. Marquardt, litigation spread across the state. In more than 60 cases, tenants invoked Koble, and class actions followed. What began as a single appellate decision quickly became a statewide liability issue for landlords.

    The Wisconsin Supreme Court’s reversal did more than correct an error. It halted a cascade that was already affecting the housing market.
    Continue Reading Wisconsin Supreme Court Restores Balance in Landmark Koble Housing Case

    On Friday, May 22, 2026, HUD’s Office of Fair Housing and Equal Opportunity (FHEO) issued an enforcement guidance memo announcing that HUD will no longer recognize emotional support animals (ESA’s) as “assistance animals” under the federal Fair Housing Act. Instead, moving forward, HUD will follow the ADA’s standard, that the animal must be individually trained to perform a task related to the person’s disability. Comfort, companionship, and emotional support alone are not enough. HUD diverged from the ADA, which…
    Continue Reading HUD Just Stopped Recognizing Emotional Support Animals! Landlords Should Not Celebrate Yet.

    This blog post was written by Atty. Madeline Worgull, edited by Atty. Tristan R. PettitWhen a tenant stops paying rent, a landlord cannot simply demand the keys back or change the locks. This blog post provides a step-by-step guide to the eviction process for new landlords, focusing specifically on notice requirements and removal procedures under Wis. Stat. Ch. 704 for non-payment of rent. Our team has previously published blog posts addressing individual aspects of the eviction process; this blog…
    Continue Reading Back to Basics – A Guide to Evicting a Tenant

    Over the last several years, I have seen a substantial increase in government scrutiny, both federal and state, regarding the fees being charged by landlords and property management companies. In my opinion, this trend will only continue to grow in intensity and scope.Historically, many landlords viewed fees as a relatively minor issue. Application fees, administrative fees, amenity fees, re-rental fees, utility billing fees, convenience fees, technology fees, move-in fees, lease renewal fees, and similar charges became increasingly common throughout…
    Continue Reading Landlords Should Expect Increased Government Scrutiny of Rental Housing Fees

    This blog post was drafted by Atty. Gary Koch of Pettit Law Group S.C.Have you been considering joining your next local Landlord Association meeting? There is no better time than now to see what they are about. Attorney Pettit, Attorney Hayden, and Attorney Koch are all active in local Landlord Associations, so, if for no other reason, you could come say “hi”!Even if the only thing you’re doing is following this Blog, you’ve no doubt seen that a lot…
    Continue Reading The Importance of Your Landlord Community

    This blog post was drafted by Atty. Madeline Worgull of Pettit Law Group S.C.One of the most common mistakes we see at Pettit Law Group is assuming that all landlord–tenant relationships in Wisconsin are governed by the same rules. They are not.If you own or operate a manufactured or mobile home community, your obligations go well beyond Wis. Stat. ch. 704 and ATCP 134. You are also subject to Wis. Stat. § 710.15, which significantly restricts lease…
    Continue Reading Manufactured and Mobile Home Communities Are Different — And the Statutes Make That Clear

    UPDATE: March 12, 2026 – From the National Leased Housing Association, March 12, 2026 – HUD will publish an interim final rule tomorrow in the Federal Register, indefinitely delaying the effective date of the interim final rule, revoking the 30-day Notification Requirement Prior to Termination of Lease for Nonpayment of Rent rule. The interim final rule, published on February 26, 2026, was slated to become effective March 30, 2026. HUD will now treat the interim final rule as a proposed rule, which will only be effective after…
    Continue Reading What Does HUD’s Decision To Revoke its 30-Day Notice Requirement Mean?