Tristan’s Landlord-Tenant Law Blog

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By: Petrie & Pettit S.C.

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Tristan R. Pettit, Esq.
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Latest from Tristan’s Landlord-Tenant Law Blog

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 government prohibitions or before tenants are aware of their rights.” The joint statement goes on to say that “both agencies will…
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 valid notwithstanding the extension and modification of the Order.  Covered persons do not need to submit a new declaration under this…
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. 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…
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. You can choose just the video(s) that you are interested in, or the entire seminar. You can watch the videos from the safety and convenience of your own home or office during the rental period.* You will receive the searchable PDF manual that accompanies the video(s) that you choose, which makes finding the information that you are looking for much easier in the future. I have been presenting…
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 — (to be distributed by the Social Development Commission (SDC)) 6. Waukesha County – $12,082,683.60 —  (to be distributed by Community Advocates)…
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Have you noticed that landlords tend to be portrayed as evil and uncaring?  I’m reading lots of so-called news articles (that really are nothing but opinion pieces) with such sentiments.  The media also tend to treat all landlords as large companies making lots of money at the expense of tenants.  Did you know that the vast majority of landlords throughout the U.S. are small “mom & pop” landlords that own rental property in addition to working a full-time job? Our own Milwaukee Journal-Sentinel likes to push this false narrative.  Despite myself and other landlords having spent literally hours on the…
By Tim Ballering (justalandlord.com) Yesterday’s news contained many articles on Milwaukee’s Rental Housing Resource Center which is a collaboration to help both renters and housing providers. This was project was envisioned and started a couple of years ago. It became more relevant with the COVID economic crisis that has impacted the ability of folks to pay rent and avoid eviction. The partners are a very diverse group: Community Advocates, Legal Aid, Legal Action, IMPACT, Mediate Milwaukee, Hope House, the City of Milwaukee, County of Milwaukee, and the Apartment Association of Southeastern Wisconsin. The inclusion of the housing…
We are excited to announce Attorney Tristan Pettit’s Landlord Boot Camp will be held on Saturday, November 14th. Due to  the CDC National Eviction Moratorium, we delayed this event so that we could include the most timely information on navigating the current CDC Moratorium and other COVID-19 related issues affecting Landlord-Tenant law. The Saturday, November 14th event will be held as a live-streamed webinar from 8:30 AM -5:00 PM with live Q & A from 5-6 PM. Enjoy these advantages of the new virtual format: Attendees will receive a searchable 100 page + PDF Boot Camp manual, making it easier…
We are excited to announce Attorney Tristan Pettit’s Landlord Boot Camp will be held on Saturday, November 14th. Due to  the CDC National Eviction Moratorium, we delayed this event so that we could include the most timely information on navigating the current CDC Moratorium and other COVID-19 related issues affecting Landlord-Tenant law. The Saturday, November 14th event will be held as a live-streamed webinar from 8:30 AM -5:00 PM with live Q & A from 5-6 PM. Enjoy these advantages of the new virtual format: Attendees will receive a searchable 100 page + PDF Boot Camp manual, making it easier…
  This is guest post by Tim Ballering Thanks to Attorney Heiner Giese for reading the 59 page federal court motion.   The CDC’s attorneys have stated in federal court that owners are permitted to file evictions, as well as challenge the veracity of the tenants CDC Declaration. The CDC argues that owners can even obtain an eviction judgment, as long as the physical move is stayed until the end of the moratorium. Most importantly, the Order does not prevent a landlord from filing an eviction action in state court. First, the Order expressly permits eviction for various reasons other…
This is guest post written by Tim Ballering (JustALandlord.com) The CDC attorneys have stated in federal court that owners are permitted to file evictions as well as challenge the veracity of a tenant’s CDC Declaration. The CDC argues that owners can even obtain an eviction judgment, as long as the physical move is stayed until the end of the moratorium. Most importantly, the Order does not prevent a landlord from filing an eviction action in state court. First, the Order expressly permits eviction for various reasons other than nonpayment of rent. See 85 Fed. Reg. at 55294 (property damage, criminal…
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On September 1, 2020, the Centers for Disease Control and Prevention (CDC) and Department of Health and Human Services (HHS) published an Agency Order temporarily stopping all residential evictions in the United States, in order to prevent the spread of COVID-19. What Are the Effective Dates of this Order? This order became effective immediately upon publication (presumed to be Sept 4, 2020) and continues through December 31, 2020. What Is Prohibited under this Order? Under this Order, a landlord, owner of a residential property, or other person with a legal right to pursue an eviction is prohibited from evicting any…
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We have all heard reports that say residential rental evictions surged due to the Wisconsin eviction moratorium expiration in May.  When you look at a small time period (like the number of evictions that were filed after a 2+ month moratorium) you can always find numbers that will support your narrative. However, the real numbers show a 30% decline for the first six months of 2020 versus 2019. How can this be true, you ask? Listen to this podcast as WRA chief lobbyist Tom Larson and residential rental expert Tim Ballering from the Apartment Association of Southeastern Wisconsin (AASEW) break …
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On July 7, 2020, the full City of Milwaukee Common Council approved legislation to create a program certifying that rental properties are lead-safe before they can be rented to tenants. Authored by Alderman Ramsey, this resolution directs the Department of Administration-Intergovernmental Relations Division to seek the introduction and passage of state legislation that would permit the City of Milwaukee to create a program requiring rental property owners to certify that rental properties are lead-safe before they can be rented. Alderman Rainey in his press release, stated that many properties rented for residential use in Milwaukee are believed to have significant…
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Drafted by Atty. Jennifer M. Hayden of Petrie + Pettit S.C. As you may be aware, Milwaukee County Local Rule 3.85 requires that if the tenant did not sign the Stipulation in person in front of the court, or where the tenant made the first three payments due under the Stipulation and then defaulted, the Landlord must provide the tenant with notice before the court will issue a writ of restitution. Pre-Covid-19, Landlords would send a letter by Certified and First Class Mail to the Tenant informing the tenant of the overdue payment, by amount and due date and stating…