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The 2023-24 Wisconsin legislative session concluded months ago. It began like the 2021 -22 session ended, with a Democratic governor, large Republican majorities in both houses, and a $4 billion state budget surplus. Over 2,000 bills were introduced, with less than 12% becoming law, and Gov. Tony Evers continued his record-setting veto pace.

Despite that, some construction-related ideas became law.
2023-25 State Budget
The state budget deliberations take up most of the first half of odd-numbered years,…
Continue Reading More Heat than Light: New Laws Affecting the Construction Industry

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

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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

As of February 13, 2024, the American Society for Testing and Materials (ASTM) E1527–21 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process” is now required when Phase I Environmental Site Assessments (ESAs) are conducted by environmental consultants to qualify for the innocent landowner defense, or the bona fide prospective purchaser or contiguous property owner liability protections, under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (see: 42 U.S.C. 9601 et seq.).

The goal of…
Continue Reading Use of the ASTM E1527-21 Phase I Environmental Site Assessment Standard Practice is Now Required to Meet CERCLA Liability Protections

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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

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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

When it reviews a wetland individual permit application, the DNR must consider the impacts of the entire project proposing wetland fill, and not only the physical footprint of the proposed fill itself. DNR’s purview of secondary impacts extends to otherwise unregulated activities of the permitted project where they result in significant adverse environmental consequences.

In its December 5 decision, Kohler Co. v. Wisconsin DNR and Claudia Bricks and Friends of the Black River Forest (2021AP1187), the Wisconsin Court of…
Continue Reading Wisconsin Appeals Court Upholds Rejection of Wetland Fill Permit in Kohler Golf Course Project

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

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.

Unless told otherwise, a contractor who works on a project expects that, if a dispute arises out of its compliance with the contract or payment thereunder, the dispute will be heard locally and will be governed by local law. Laws exist to help reinforce this expectation. In Wisconsin, the Construction Lien Law – Wis. Stat. section 779.135(2) – renders void any provision in a contract for construction in the state calling for the application of another jurisdiction’s laws or…
Continue Reading Think Wisconsin Construction Disputes Use a Local Venue? Maybe Not

My next Landlord Boot Camp for the Rental Property Association of Wisconsin, Inc. (formerly known as the AASEW) will be held on Saturday, April 13, 2024. This Boot Camp will be an in-person event.  There will not be a virtual option.  
There have been so many changes in how evictions and other Landlord-Tenant law matters are handled post COVID that I strongly recommend that you attend this Boot Camp to get caught up on all the changes, even…
Continue Reading The Next LANDLORD BOOT CAMP Seminar Will Be Held on Saturday, April 13, 2024.

Earlier today a client emailed me and asked whether or not his property management company could charge a rental applicant an application fee, over and above the cost of a consumer credit report, to cover the company’s time and energy reviewing and vetting the rental applicant.
Based on my review of Wisconsin law, a landlord may charge an application fee but it must be refundable.  So while a landlord can charge an application fee, its probably not the kind…
Continue Reading Can A Landlord Charge an Application Fee To A Prospective Tenant In Wisconsin?

Landlord tenant law book on the lawyer desk.

Below is a summary of the many Landlord-Tenant law bills that were drafted in late 2023 and are hoping to move forward in 2024.  You will note that many of these bills are trying to undue the many laws that were passed between 2012-2018 (i.e., Act 143, Act 76, Act 176, and Act 317).  Whether or not these bills have any real possibility to become law now, it is clear that there has been a lot of work behind…
Continue Reading A Summary of Landlord-Tenant Bills That Some In Madison Are Hoping to Get Passed in 2024

There are only a few days left to sign up for Landlord Boot Camp which will take place this Saturday, November 4th from 8:30 am – 6 pm
I will be covering everything that you need to know about residential landlord-tenant law in Wisconsin.  We will be covering the all important basics like:

  • Screening and Qualifying the Prospective Applicant and Fair Housing Issues
  • Rental Documents
  • ATCP 134: Residential Rental Practice Rules and Security Deposits
  • Causes for Evictions
  • Notices Terminating

…
Continue Reading Just A Few Days Left to Sign Up for Landlord Boot Camp this Saturday