By Atty. Gary D. Koch
Clauses requiring tenants to provide 60-Day Notice to terminate a month-to-month tenancy are popular – we see them a lot in rental agreements. Recently, though, we have seen the Wisconsin Department of Agriculture, Trade and Consumer Protection take issue with such clauses in rental agreements in month-to-month tenancies that require the tenant to give anything more than a 28-Day Notice to terminate the tenancy.
These DATCP challenges can end one of two ways: the
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Updated Nonstandard Rental Provision Form Available Now at Wisconsin Legal Blank
A new and updated version of the Nonstandard Rental Provisions (NSRP) form that I draft is available for purchase at Wisconsin Legal Blank. The need for the revisions were due to conversations that I had with the State (namely the Attorney General’s Office) while defending a client of mine during a Civil Investigative Demand (CID). During our conversations, the AG’s office informed me that it was their opinion that a NSRP cannot state that a landlord can deduct from a tenant’s
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What is the Difference Between a Sole Proprietorship, a DBA, and an LLC?
Starting a business can be a daunting task, especially when it comes to choosing the right business structure. Three common options are sole proprietorships, DBAs, and limited liability companies (LLCs). While each structure has its advantages and disadvantages, understanding the differences between them is important to help you make an informed decision.
A sole proprietorship is the simplest and most common business structure. In reality, it isn’t a business structure at all. It is a business owned and run
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HUD Announces $3 Million Dollar Settlement with California Landlords for Discriminating Against Families With Children By Requiring Supervision and Prohibiting Outside Play
Earlier today, April 10, 2023, HUD announced that two of its housing partners reached a $3 Million settlement with a California property management company and more than 30 owners who were discriminating against families with children by prohibiting any outdoor play activities and requiring adult supervision of all children under the age of 14 years in all common areas. Its was alleged that tenants who violated those rules faced the threat of eviction. This discrimination allegedly occurred at more than 48 apartment
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Myth and the Permitting of Aggregate Mines
Nothing is more important to the construction industry than rock. Whether sand, gravel, crushed stone or blocks of stone, rock is used in everything from road building and concrete to countless building products, including drywall, insulation and glass. Rock is heavy and used in enormous quantities, so there is an obvious efficiency in locating sources close to consumers. Doing so means reduced haul distances, cleaner air, less heavy truck congestion, lower cost to consumers and that the money
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When Construction Projects Don’t Go According to Plans
Most construction work is done pursuant to a set of plans and specifications issued by the architect that tells the contractor what they are to construct and the owner what they are receiving in exchange for the contract price. That is, the plans and specifications for a construction project describe the contractor’s scope of work.
But when work (especially in particularly in large and complex projects) does not conform to the plans and specifications, the parties involved need to
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Land Contracts in Wisconsin: What Buyers and Sellers Need to Know
It is no secret that interest rates have been rising over the last year and it is unclear whether interest rates will come down any time soon. As widely reported, the rise in interest rates has cooled the real estate market causing some buyers to pause moving forward with real estate purchases. As an alternative to traditional financing, a land contract, also known as a contract for deed, is a legal agreement in which the real estate seller agrees
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Attorney Andrew J. Steimle – Just the Facts 2/9/2023 – Potential Enforcement Changes Regarding Non-Compete Agreements, Changes to WI’s LLC laws, and Top-10 Contract Tips
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Beware of Scams!
By: Attorney Alison C. Petri
You hear about it all the time and don’t think it will happen to you but what should you do if you or your loved ones are a victim of a fraud or con.
Scams arise in many ways by phone, mail and the internet. According to the FBI, fraud of Americans over the age of 60 resulted in more than $966 million dollars stolen in 2020 alone[1]. The loss of money
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The Next Landlord Boot Camp Will Be Held on March 18, 2023
My next Landlord Boot Camp for the AASEW will be held on Saturday March 18, 2023. This Boot Camp will be in-person and streamed virtually. You choose the format that best serves you.
- Attendees will receive a searchable 100 page + PDF Boot Camp manual, making it easier to search and reference items in the future.
- A recording will be available to attendees for 14 days after the event to re-watch portions that you want a deeper understanding of.
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Landlord Boot Camp ON DEMAND: Newly Updated Video and Information Available
Hello. I am excited to announce that my latest Landlord Boot Camp — recorded November 2022 — is now available as an On Demand video series. The benefits of this On Demand format are many.
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Noncompete Agreements in the Crosshairs: What Business Owners and Employees Need to Know
The Federal Trade Commission (FTC) recently proposed a rule that would ban the use of noncompete clauses in employment contracts. Noncompete clauses have faced increased scrutiny by the FTC and the proposed rule is part of the FTC’s larger effort to promote competition and protect consumer welfare.
The FTC and other proponents of the abolition allege that noncompete clauses reduce employee mobility and lead to reduced innovation and higher prices for consumers. By banning noncompete clauses, the FTC hopes
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I Think That My Tenant Has Surrendered the Rental Unit, What Do I Do Now? PART 2: Abandoned Personal Property
If you are asking yourself this question, there are generally two main issues that you need to be concerned with: (1) Has the tenant surrendered the rental unit (i.e. vacated and has no need to come back to clean, pick up personal property, or for any other reason); and (2) Has the tenant abandoned any remaining personal property. In this post we will discuss the second issue: Has the tenant abandoned their personal property?
If you have not yet read
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101: Clauses Prohibited in Construction Contracts
Specific language in construction contracts often determines the outcome of construction litigation, affecting a contractor’s overall liability and ultimately, their bottom line. Like other states, Wisconsin prohibits many types of clauses within construction contracts. However, Wisconsin has not completely limited indemnification clauses. Wisconsin’s statutory prohibitions can be confusing to those who are unfamiliar with Wisconsin construction law, including new or small construction businesses or businesses from other states performing occasional work within Wisconsin. Section 779.135 Two main statutes for
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My Tenant Has Vacated the Rental Unit, What Do I Do Now?
In an ideal world, the tenant would return their keys, remove all personal property (including trash), and leave the rental unit spotless. Then it would be clear that the tenant has surrendered the rental unit and, as there wouldn’t be any personal property remaining, there would be nothing to debate its abandonment. Unfortunately, that rarely happens.
In this situation, there are generally two main issues: (1) Has the tenant surrendered the rental unit (i.e. vacated and has no need
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Attorney Gina Ziegelbauer – Just the Facts 11/23/22 – Personalizing Your Estate Plan: Beware of Online Estate Planning Forms
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