By Atty. Gary D. Koch
A previous post discussed methods of service of notices terminating tenancy, leaving a discussion on the various notices that can be utilized for a later post. Welcome to that post!
When a landlord is in a situation where a tenancy needs to be terminated, the landlord must provide the tenant with a notice terminating the tenancy. This termination can be for a variety of reasons, or no reason at all (so long as
Continue Reading Back To Basics – Notices Terminating Tenancy
Unfortunately, landlords sometimes find themselves in the situation where they have to terminate the tenancy of a residential tenant. There are a variety of notices that can be used to do so, and that is a topic for another day. This post is on how to serve a notice terminating tenancy.
Wisconsin Statue §704.21 delineates the methods by which a landlord can serve a notice on a tenant. Among the options are personal service, substitute service, posting and mailing
Continue Reading Back to Basics – Service of the Notice Terminating Tenancy
The Coronavirus Aid, Relief and Economic Security Act (“CARES Act”) was signed into law on March 27, 2020, bringing many new wrinkles to the residential real estate rental practice. While several of its provisions have expired, specifically those regarding eviction moratoria, one particular provision lingers without an apparent sunset. Section 4024(c)(1) of the CARES Act requires that “[t]he lessor of a covered dwelling unit may not require the tenant to vacate the covered dwelling unit before the date that
Continue Reading Who CARES? – Status on the Coronavirus Aid, Relief, and Economic Security (CARES) Act
Hello. I am excited to announce that my latest Landlord Boot Camp — recorded November 13, 2021 — is now available as an On Demand video series. The benefits of this On Demand format are many.
Continue Reading ALL NEW Landlord Boot Camp On Demand Available
Late Thursday, August 26th, the U.S. Supreme Court struck down the CDC’s latest version of the Eviction Moratorium which was set to expire on October 3, 2021. The Supreme Court’s conservative majority stated that the temporary eviction ban exceeded the CDC’s authority to combat communicable diseases, which resulted in landlords’ having to bear the pandemic’s costs, much to their detriment.
The Court wrote that “The moratorium has put . . . millions of landlords across the country, at risk of
Continue Reading CDC Eviction Moratorium Struck Down By U.S. Supreme Court
I am excited to announce that Attorney Gary Koch has joined the Landlord-Tenant Law team at Petrie + Pettit starting August 30th.
With nearly 20 years of experience, Gary D. Koch joins the Petrie + Pettit S.C. team to assist primarily with its Real Estate Law practice group, focusing on landlord-tenant law. Attorney Koch has represented landlords for over 10 years, has spent his career handling debtor and creditor matters, and is well versed on all facets of landlord/tenant
Continue Reading Petrie + Pettit Welcome Attorney Gary Koch to its Landlord-Tenant Law Team
Well that didn’t take long. Not even two full business days after the CDC’s Eviction Moratorium ended and now we have another moratorium in place.
On Tuesday, August 3, 2021 at the direction of President Biden, the CDC announced a new, temporary, limited federal eviction moratorium through October 3, 2021. This new Order is limited to counties that have a substantial or high rate of community spread of Covid. This covers counties such as Milwaukee, Dane, Waukesha,
Continue Reading CDC Announces A New, Temporary, Limited Eviction Moratorium Through October 3rd for Counties With Substantial and High Rates of Covid Transmission
The CDC’s eviction moratorium finally ended at midnight on July 31, 2021.
The moratorium could not be extended due to the U.S. Supreme Court’s decision that the CDC exceeded its statutory powers and didn’t have the right to issue an eviction moratorium in the first place. Thus, any future federal moratorium will need to be created by Congress via legislation. Congress tried to organize something in an attempt to pursue legislation late last week but did not have enough people on
Continue Reading The CDC's Eviction Moratorium Has Finally Ended . . . Now What?
We have just learned that the CDC will extend the Moratorium another 30 days through the end of July. It has been reported that this is the last extension of the moratorium that will be granted by the CDC.
There is now the possibility that the U.S. Supreme Court could rule on the lawsuit brought against the CDC for overreaching with the CDC moratorium. If the Supreme Court were to rule against the CDC, this would curtail future governmental
Continue Reading CDC Extends Eviction Moratorium Another Month
By Attorney Jennifer M. Hayden of Petrie + Pettit S.C.
As you may have heard, on Wednesday, May 5th, a U.S. District Judge in Washington D.C., the Honorable Dabney Friedrich, overturned the Center for Disease Control and Prevention’s nationwide eviction moratorium and then a few days later granted the U.S. Department of Justice’s Emergency Stay Pending Appeal. This effectively “holds” Judge Friedrich’s ruling until such time as the appellate court can hear the appeal.
The net effect is
Continue Reading U.S. District Judge Overturns CDC’s Eviction Moratorium But Stays Decision Pending Appeal
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
Continue Reading FTC: Evictions or Eviction Threats During Moratoria May Be Deceptive or Unfair Practice
On Monday, May 30, 2021, the CDC Issued an Order extending the Eviction Moratorium until at least June 30, 2021.
The “guts” of the Order remain the same from the November 2020 Order which I have previously discussed in an earlier blog post.
Some of the modifications that were made in this most recent Order include the following:
1. Moratorium is extended until June 30, 2021
2. A signed Declaration by a tenant submitted under a previous order remains
Continue Reading CDC Extends Eviction Moratorium Until June 30, 2021
My next Landlord Boot Camp for the AASEW will be held on Saturday May 15, 2021.
Join me at the next Boot Camp and learn the latest about the latest extension of the CDC’s Eviction Moratorium until June 30, 2021, status on the Emergency Rental Assistance Payments, and more while also enjoying the advantages of the new virtual format.
Hello. I am excited to announce that my latest Landlord Boot Camp recording is now available as an On Demand video series. The benefits of this On Demand format are many.
Continue Reading NOW AVAILABLE: Landlord Boot Camp On-Demand
As I am sure many of you have heard, back in December the Federal government agreed to set aside $25 Billion dollars for Rent Assistance as a result of Covid. Of that large amount, Wisconsin was allocated a total of $386,777,591.50 to be divvied up as follows:
1. Brown County – $7,907,949.30
2. Dane County – $8,579, 734.30
3. City of Madison – $7,762,609.60
4. Milwaukee County – $10,629,017.80 — (to be distributed by Community Advocates)
5. City of Milwaukee – $17,641,552.70
Continue Reading THE MONEY IS FINALLY HERE . . . Learn How To Access Wisconsin's Emergency Rent Assistance Payments
