When Are Landlords Able to Serve Notices Again and What is the Status of The Other COVID-19 Emergency Orders?
Latest from Tristan’s Landlord-Tenant Law Blog
W.R.A.P it up with a Bow? The Wisconsin Rental Assistance Program
The Wisconsin Supreme Court Struck Down Governor Evers’ Stay-At-Home Order, So I Can Now Serve Notices Terminating Tenancy and File Evictions, Right?
WEBINAR: Landlording In The Time of Coronavirus
DATCP's Temporary Emergency Rule Prohibiting the Charging of Late Fees Is In Effect
CARES Act Eviction Restrictions Apply to More Landlords Than You Think
The following is a guest post written by Atty. Jennifer Hayden of Petrie + Pettit S.C.
We’ve previously discussed the impact of the recent extension of the Stay at Home Order by Governor Evers. However, under Section 4024 of the CARES Act, Landlords who have residential tenants in a “covered dwelling” that participates in a “covered housing program” (as defined in section 41411(a) of the Violence Against Women Act of 1994 or the rural housing voucher program under section 542 of the Housing Act of 1949 or has a “Federally backed mortgage loan” or a “Federally backed multifamily mortgage loan”,…
An Update on Milwaukee County Small Claims Court
I know that everyone is anxious to learn when and how Milwaukee County will be proceeding with evictions in the future. I have attended several virtual Small Claims Bench/Bar Committee Meetings, which include attorneys representing both landlords and tenants as well as Milwaukee County Judges and Court Commissioners, and those issues are being discussed.
Please understand that the courts do not have all of the answers at this point. This is a work in process. Just as we all are, the courts are working their way through this pandemic and it’s fallout. As more information and direction is given by…
A Deep Dive Into Governor Evers’ Emergency Order #15 – Temporary Ban on Evictions and Foreclosures
My office has received a lot of questions about Governor Evers’ Emergency Order regarding a temporary ban on evictions and foreclosures in the last few days. There appears to be a lot of misunderstanding or confusion over the Order so I will attempt to clarify the Order and answer many of the questions that I have received.
First off, it is important to keep in mind that all we know for certain is what the Order says. If the Order doesn’t state something or doesn’t even address the topic then we do not know for certain. Everything else is just…
Governor Evers Prohibits Notices Terminating Tenancy and Eviction Actions for Sixty Days Unless There is Imminent Threat of Serious Physical Harm
Governor Evers issued an Order today prohibiting notices terminating tenancy, eviction actions and the filing of writs unless based on the imminent threat of serious physical harm to another person for the next sixty (60) days.
In relevant part, the Order states as follows:
1. Landlords are prohibited from serving any notice terminating a tenancy for failure to pay rent.
2. Landlords are prohibited from serving any notice terminating a tenancy unless the notice is accompanied by an affidavit attesting to the reasonable belief that a failure to commence eviction proceedings will result in an imminent threat of…
3/27/20 – Further Update On Court Closures and Related Issues Pertaining to COVID-19
Things continue to be very fluid when it comes to eviction court and what the various counties are doing, or not doing, in lieu of the COVID-19 pandemic and the Governor’s Safer at Home Order.
As you are aware from my earlier posts, Milwaukee County courts suspended in=person court proceedings through April 3, 2020 as a pandemic precaution.
On March 22, 2020, the Wisconsin Supreme Court issued two Administrative Orders, one which postponed all civil and criminal jury trials through May 22, 2020, and the second which suspended most in-person proceedings and provided that, subject to certain exceptions, all…
GUEST POST: City of Milwaukee “Stay at Home” Order – UPDATED 4.28.20
GUEST POST: City of Milwaukee “Stay at Home” Order
This is a guest post from Atty. Jennifer Hayden of Petrie + Pettit S.C.
As many of you know, the City of Milwaukee Commissioner of Health issued a “Stay at Home” Order effective at 12:01 a.m. on March 25, 2020. There is no specified end date or time.
Except for the specific exceptions listed, all individuals currently living within the City of Milwaukee are ordered to stay at home or at their place of residence. All businesses with a facility in the City, except Essential Businesses and Operations, are required to cease all activities at facilities located within the City…
Building Management and Building Maintenance Are Considered To Be “Essential” Under Governor’s Emergency Safer At Home Order
On March 24, 2020, Governor Evers authorized Andrea Palm, Secretary-Designee for the Department of Health Services to Issue Emergency Order #12 entitled the Safer At Home Act.
With regard to landlords and property managers, the Order states that those involved in building management and building maintenance are considered to be “essential” and therefore may leave their residence to provide services or perform work necessary to offer, provide, operate, maintain, and repair Essential Infrastructure.
Landlords and Property Manager are also mentioned in #3 of the Order entitled “Prohibited Activities” which states that Landlord or rental property managers shall avoid entering…
Freddie Mac and Fannie Mae Offer Multifamily Property Owners Mortgage Forbearance If They Suspend All Evictions For Tenants Affected By The Coronavirus
On March 23, 2020 the Federal Housing Finance Agency (FHFA) announced that Freddie Mac and Fannie Mae will offer multifamily property owners mortgage forbearance with the condition that they they suspend all evictions for renters unable to pay rent due to the impact of the coronavirus.
The eviction suspensions would need to remain in place for the entire duration of the time that the property owner remains in forbearance. The forbearance is available to all multifamily properties with a Freddie Mac or Fannie Mae backed performing multifamily mortgage negatively affected by the coronavirus pandemic.
For more information please read the…
GUEST POST: What Are Landlords Supposed To Do In This Age of COVID-19?
This is a guest post by Atty. Jennifer Hayden of Petrie + Pettit S.C.
What the H*ll Are We Supposed to Do Now?
We honestly have no idea. We are in uncharted waters. But we do know that under the shelter of each other, we all survive.
These are our current suggestions based on the ever-changing information we are being provided with. Please let us know your thoughts, comments and suggestions below.
Daily Operations – Keep it Sane and Clean
With prospective tenants, handle everything possible by e-mail or mail. If you have to meet them in person, follow the…
Update On Court Closures and Related Issues Pertaining to COVID-19 – UPDATED 3-19-20
UPDATED ON 3-19-20
Here is the latest on the court closures –
Milwaukee County
Most of my firm’s pending eviction cases in Milwaukee County have been rescheduled for mid to late April.
The Milwaukee County Sheriff is no longer executing any writs that were previously filed and they are no longer accepting the filing of any new writs. So, if your tenant is still living in the unit they will be allowed to do so until at least April 3rd, unless they voluntarily move out. The Sheriff could not provide me with a date that they would resume executing writs.…