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By: Kramer, Elkins & Watt LLC

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Joe Andreoni
Leslie Elkins
Dain Richard

Latest from KEW Tips

A common call into our office is one from a residential landlord wondering what to do in the following scenario: a tenant moved out at the end of their lease, but they left a lot of property behind, and the landlord is wondering what their options are.

Security Deposit

The magic number to remember for security deposits is 21. A landlord must return any amount of the security deposit not withheld, plus an accounting for any withholdings from the…
Continue Reading Security Deposits and Abandoned Property: Post-Tenancy Considerations

In April 2022, Governor Evers Signed Wisconsin Act 258. This Act makes significant changes to the statutes for all forms of business entities – corporations, non-stock corporations, partnerships, limited partnerships and limited liability companies. This article will focus specifically on the changes to the limited liability company statutes; but it would be wise for all business entities to review their practices with an attorney to see how these changes affect their business.

The changes were made to bring Wisconsin…
Continue Reading Unlearn What You Have Learned: Wisconsin’s New LLC Law

Almost every employer has faced the following situation: an employee quits without notice, and still possesses property (uniforms, equipment, keys) that belong to the company.  Or worse, the employee is disgruntled and damages property of the company on her way out.  It’s alright, I’ll just hold her last paycheck hostage until she returns the property or pays me for the damage.  Right?  Wrong.  Well, in most cases, wrong.  There seems to be a common misconception that withholding a paycheck…
Continue Reading Can I Hold an Employee’s Paycheck?

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In this video, Attorney Jessica M. Kramer discusses how to terminate a residential tenancy, what type of notice to use, and provides answers to some commonly asked questions.

For more information about legal issues pertaining to landlords, or ways in which KEW can assist you with landlord related inquiries, contact KEW at info@kewlaw.com.

The post Evicted: notices needed to terminate a residential tenancy in Wisconsin appeared first on Kramer, Elkins & Watt, LLC.
Continue Reading Evicted: Notices Needed to Terminate a Residential Tenancy in Wisconsin

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First of all, when we say “leave” we are referring to leave as a general term of not being required to be at work. So, leave is an umbrella term that refers to vacation time, sick time, personal time,  PTO and whatever other creative term may be used to refer to time away from work.

A common misconception is that all employers are required to provide leave to their employees. However, whether or not an employer is required to…
Continue Reading Do I need to provide leave to my employees?

Side profile of a lawyer and a witness on the witness stand

The headline on this video clip of testimony in the trial of Johnny Depp’s case against his ex-spouse, Amber Heard, says that Amber Heard’s attorney “objects to his own question”. But did he?  What is actually happening here is that he objected to the answer, or at least he intended to do so.

He asked the witness: “You didn’t know what could cause damage to Mr. Depp’s hand while you were there on March 8, correct?”  That question, the…
Continue Reading Depp v. Heard: Attorney Objects to His Own Question but Did He?

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As winter rolls on, it gets tougher and tougher for even the hardiest Wisconsinites to pull themselves out of bed before work and shovel out the previous night’s snowfall. This is especially true when snow accumulates on consecutive days or the piles of snow bordering our sidewalks get to be chest high. As obnoxious as it can be, there are Madison city ordinances as well as state law that compel snow removal.
 
Madison General Ordinance (“MGO”) 10.28
 …
Continue Reading Do I Really Need to Shovel Snow?

In early November, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act, a bipartisan infrastructure deal. The bill allocates approximately $1.2 trillion for infrastructure spending, including $55 billion to expand access to clean drinking water, $110 billion for roads and bridges, $66 billion for railroads, $65 billion each for power grid updates and broadband expansion to rural areas and low-income communities, $39 billion for public transit, and $21 billion for environmental cleanup such as closing old…
Continue Reading The Wage and Hour Implications of the Infrastructure Investment and Jobs Act

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On January 13, The Supreme Court of the United States issued two important decisions pertaining to vaccinations in the workplace. In one ruling, the Supreme Court struck down the Biden Administration’s OSHA rule requiring employers of 100 or more individuals to implement a policy requiring their employees to either get vaccinated against COVID-19 or show a negative COVID-19 test weekly and wear a mask during the work day. In the other, the Court affirmed another Biden directive,…
Continue Reading The Supreme Court Issues Opinions On Two Vaccination Mandates: What Employers Need To Know

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Despite previously saying it had no plans to renew the mask mandate after a previous iteration expired on November 27, Public Health of Madison and Dane County (“PHMDC”) has issued a new mask mandate to run until January 3.
Is This Order the Same as the Previous Iterations?
Largely, yes. The current order substantially mirrors the language in the PHMDC mask mandates since September. For a refresher, you can read our KEW Tip on the previous order here. The…
Continue Reading PHMDC Renews County-Wide Mask Mandate

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One of the most common questions or misunderstandings we see among residential landlords is: When is the appropriate situation to use a 5-Day Notice to Pay/Cure or Quit (a “5-Day”) versus a 14-Day Notice Terminating Tenancy (a “14-Day”), which does not give the tenant the ability to cure the default and continue to reside in the premises?  The answer depends on a few factors, starting with the type of tenancy.
Tenancies for a Year or Less, or Year-to-Year Tenancies …
Continue Reading Five Days, Fourteen Days, and the Right to Cure: Notices to Terminate a Residential Tenancy

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On September 9, 2021, Dane County issued Face Covering Emergency Order #2 (“Order #2”) which is scheduled to go into effect on September 10, 2021 at 12:01am, directly following Face Covering Emergency Order (“Order #1”) scheduled to expire on September 16, 2021 at 12:01am.
 
What’s with the time overlap?
 
The overlap in time isn’t directly addressed. A general principle of law requires that where two bodies of law are in conflict, the more restrictive would govern, which…
Continue Reading Mask Mandate Extended – Dane County

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The Supreme Court issued a new opinion on August 26, 2021 which will perhaps be an end to the ongoing dispute over the legality of the Center for Disease Control and Prevention’s (the “CDC”) eviction moratorium (the “moratorium”). A deeper dive into the terms of the moratorium and an analysis of the procedural posture as of the most recent renewal of the moratorium can be found in a prior KEW Tip, but a bit of context is provided…
Continue Reading CDC’s Eviction Moratorium Upended by the Supreme Court

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Public Health of Madison and Dane County (PHMDC) announced a new, county-wide mask mandate on August 17, 2021 to go into effect on August 19, 2021. Citing evidence that fully vaccinated people can still transmit the Delta variant of COVID-19 to others, PHMDC noted that countywide 7-day case average has risen from 19 on July 19, 2021 to 91.6 on August 12, 2021, an increase of 382%. The text of the order can be found here.

 
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Continue Reading Dane County to Re-Issue Mask Mandate, Effective August 19