Tristan’s Landlord-Tenant Law Blog

Latest from Tristan’s Landlord-Tenant Law Blog

  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…
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…
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
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…
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…
Blog post written by Atty. Jennifer M. Hayden of Petrie + Pettit S.C. In State v. Troy R. Lasecki, the Court of Appeals upheld the ability of the District Attorney’s office to charge a Landlord with a misdemeanor for unfair trade practices for the failure to return or account for a tenant’s security deposit as required by law. In response to arguments that a Landlord doesn’t have notice he or she could face criminal charges, the court responded: “an ordinary person, acting as a residential landlord, would have sufficient notice that it can be a criminal unfair trade practice…
<!– ID Value sectionSlug landlord-tenant baseURL http://petriepettit.com perch_page_path /blog-post.php 0 image excerpt categories Array ( [0] => 30 [1] => 108 ) author_image /admin/resources/tpcandid8828.jpg 1 og_title Wisconsin’s Eviction Moratorium Is Over. Now What? og_description og_image og_type 2 3 4 5 6 7 8 9 itemID 499 postID 499 blogID 1 postTitle Wisconsin’s Eviction Moratorium Is Over. Now What? postSlug wisconsins-eviction-moratorium-is-over-now-what postDateTime 2020-05-29 00:00:00 postDescRaw Atty. Jennifer Hayden and I presented a webinar for the Wisconsin Realtor’s Association (WRA){…} postDescHTML Atty. Jennifer Hayden and I presented a webinar for the Wisconsin Realtor’s Association (WRA){…} postDynamicFields {“0″:null,”image”:null,”excerpt”:{“_flang”:”plain”,”raw”:””,”processed”:””},”categories”:[“30”,”108″{…} postTags postStatus Published authorID 2…
<!– ID Value sectionSlug landlord-tenant baseURL http://petriepettit.com perch_page_path /blog-post.php 0 image excerpt categories Array ( [0] => 108 ) author_image /admin/resources/tpcandid8828.jpg 1 og_title When Are Landlords Able to Serve Notices Again and What is the Status of The Other COVID-19{…} og_description og_image og_type 2 3 4 5 6 7 8 9 itemID 498 postID 498 blogID 1 postTitle When Are Landlords Able to Serve Notices Again and What is the Status of The Other COVID-19{…} postSlug when-are-landlords-able-to-serve-notices-again-and-what-is-the-status-of-the-other-covid-19-emergenc{…} postDateTime 2020-05-26 00:00:00 postDescRaw Trying to keep track and make sense of the numerous state, county, and municipal orders not to{…} postDescHTML Trying…
By Attorney Jennifer Hayden of Petrie + Pettit S.C. The Division of Energy, Housing, and Community Resources has partnered with the Wisconsin Community Action Program Association to provide “direct assistance” for struggling Wisconsin tenants by way of 25 million dollars allocated to agencies across the state. Tenants who meet certain income and need eligibility can apply for the funds through the Wisconsin Community Action Program Association which will then issue payment directly to the Landlord on behalf of the Tenant.  Since this program will require the tenant to apply directly for the monies, if you have not already done so,…
<!– ID Value sectionSlug landlord-tenant baseURL http://petriepettit.com perch_page_path /blog-post.php 0 image excerpt categories Array ( [0] => 12 [1] => 108 ) author_image /admin/resources/tpcandid8828.jpg 1 og_title The Wisconsin Supreme Court struck down Governor Evers’ Stay-At-Home Order, so I can send notices{…} og_description og_image og_type 2 3 4 5 6 7 8 9 10 11 12 13 14 15 itemID 496 postID 496 blogID 1 postTitle The Wisconsin Supreme Court Struck Down Governor Evers’ Stay-At-Home Order, So I Can Now Serve{…} postSlug the-wisconsin-supreme-court-struck-down-governor-evers-stay-at-home-order-so-i-can-now-serve-notices{…} postDateTime 2020-05-14 00:00:00 postDescRaw Written by Attorney Jennifer Hayden of Petrie + Pettit The Wisconsin Supreme Court struck…
<!– ID Value sectionSlug landlord-tenant baseURL http://petriepettit.com perch_page_path /blog-post.php 0 image excerpt categories Array ( [0] => 30 [1] => 108 ) author_image /admin/resources/tpcandid8828.jpg 1 2 3 og_title WEBINAR: Landlording In The Time of Coronavirus og_description og_image og_type 4 5 6 7 itemID 495 postID 495 blogID 1 postTitle WEBINAR: Landlording In The Time of Coronavirus postSlug webinar-landlording-in-the-time-of-coronavirus postDateTime 2020-05-13 00:00:00 postDescRaw I hope that everyone is staying healthy, safe and sane.  Attorney Jennifer Hayden (also{…} postDescHTML I hope that everyone is staying healthy, safe and sane.  Attorney Jennifer Hayden (also{…} postDynamicFields {“0″:null,”image”:null,”excerpt”:{“_flang”:”plain”,”raw”:””,”processed”:””},”categories”:[“30”,”108″{…} postTags postStatus Published authorID 2 sectionID 3 postCommentCount 0…
<!– ID Value sectionSlug landlord-tenant baseURL http://petriepettit.com perch_page_path /blog-post.php 0 image excerpt categories Array ( [0] => 16 [1] => 108 ) author_image /admin/resources/tpcandid8828.jpg 1 og_title DATCP’s Temporary Emergency Rule Prohibiting the Charging of Late Fees og_description og_image og_type 2 3 4 5 6 7 8 9 10 11 itemID 494 postID 494 blogID 1 postTitle DATCP’s Temporary Emergency Rule Prohibiting the Charging of Late Fees Is In Effect postSlug datcps-temporary-emergency-rule-prohibiting-the-charging-of-late-fees-is-in-effect postDateTime 2020-04-30 00:00:00 postDescRaw On, April 25, 2020, with little publicity, the Department of Agriculture, Trade and Consumer{…} postDescHTML On, April 25, 2020, with little publicity, the Department of…
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”,…
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…
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…