While some effects of the COVID-19 Pandemic may continue to linger, the Public Health Emergency officially ended in May 2023. Does that mean the CARES Act (Coronavirus Aid, Relief and Economic Security Act) is no longer relevant?
Unfortunately, the CARES Act is still relevant for landlords, specifically the 30-day notice period required for “Covered Dwelling Units.”
For a brief recap on the history and some potential issues for not complying with the Act, please see this prior blog post
Continue Reading With the COVID-19 Pandemic Over, Is the CARES Act Still In Effect?
Latest from Tristan’s Landlord-Tenant Law Blog
Can Landlords Charge A Nonrefundable Pet Fee? Or What About Charging a Higher Pet Rent for the First Month?
I recently received a question from a client asking whether she could legally charge a nonrefundable pet fee of $150 or a more significant pet rent of $150 for the first month (with all subsequent pet rent being $50). It was an interesting question. Below is the thought process I used to analyze and provide my client with an answer.
We already know that a landlord cannot charge a nonrefundable pet deposit. My previous blog post explains why.
Continue Reading Can Landlords Charge A Nonrefundable Pet Fee? Or What About Charging a Higher Pet Rent for the First Month?
Don’t Miss the RPA’s Annual Tradeshow + Speaker Event – RPA-CON 2024 – On Friday, October 25th + Saturday, October 26th
The Rental Property Association of Wisconsin’s Annual Trade Show and Speaker Event, nicknamed RPA-CON 2024, will be held this Friday and Saturday, October 25th and 26th at The Ingleside. You will not want to miss this event. Over 60+ vendors and suppliers to the Rental Industry will be present, and a slew of speakers will present on all aspects of real estate.I will provide a Landlord-Tenant Law update on Friday, October 25th, at 10 a.m. and Saturday, October 26th,
Continue Reading Don’t Miss the RPA’s Annual Tradeshow + Speaker Event – RPA-CON 2024 – On Friday, October 25th + Saturday, October 26th
Avoid ‘Fraudulent Transfers’ When Conveying Rental Property to LLCs
This is a guest blog post written by Atty. Dave Espin of Pettit Law Group S.C.
In light of the recent Koble Investments v. Marquette decision, it is now more critical than ever for landlords who hold rental properties in their personal names to consider transferring them to limited liability companies. If a tenant files a lawsuit (or a counterclaim in an eviction action) against you, landlords who hold properties in their personal names could face large money judgments
Continue Reading Avoid ‘Fraudulent Transfers’ When Conveying Rental Property to LLCs
Wisconsin Supreme Court Adopts Landlords' position on Eviction Record Retention
NOTE: The below blog post which was posted on June 18, 2024, is reproduced from the Rental Property Association of Wisconsin’s blog and was written by Atty. Heiner Giese, attorney for the RPA.
Since the Journal Sentinel and the other local news agencies won’t report on this, I thought it was important for people to know.
T
The Wisconsin Supreme Court today [06.18.24] issued it’s long-awaited ruling (Rule Petition 22-03) on how long eviction case records should remain available to
Continue Reading Wisconsin Supreme Court Adopts Landlords' position on Eviction Record Retention
ATTENTION LANDLORDS: Wisconsin Court of Appeals case of Koble v. Marquardt Is Now Law
This is a long blog post, and I apologize in advance, but I sincerely hope that you take the time to read it all the way until the end as it is very important that Wisconsin landlords know what they will be facing. This may be one of the biggest, if not the biggest, issues facing landlords in the last 30 years that I have been a practicing attorney, representing many of you.
Koble Investments v. Marquardt (“Koble”) is
Continue Reading ATTENTION LANDLORDS: Wisconsin Court of Appeals case of Koble v. Marquardt Is Now Law
It Is Very Important That Landlords Ensure That They Are Using the Most Current Version of WLB's Landlord Tenant Rental Forms.
It is very important that landlords that are using the landlord-tenant law rental documents/forms that I draft, and which are sold through Wisconsin Legal Blank (WLB), ensure that they are using the most current forms. To aid you in determining if you are using the most current version, WLB just published the document below on their website, so that you know have one place to go to determine if your rental documents are up to date.
Please be
Continue Reading It Is Very Important That Landlords Ensure That They Are Using the Most Current Version of WLB's Landlord Tenant Rental Forms.
Wisconsin Supreme Court Rules on CCAP Eviction Records
Breaking News from the Rental Property Association of Wisconsin’s website and Blog:
Wisconsin Supreme Court rules on CCAP eviction records
04/16/2024 11:30 AM
The Wisconsin Supreme Court rejected Legal Action’s bid to make eviction judgments disappear in one year instead of the statutory 10-year retention period.
The industry and good renters owe a large thank you to Attorney Heiner Giese, Rick Van Der Leest of the Green Bay and Appleton Associations, and Chris Mokler of the Wisconsin Apartment Association
Continue Reading Wisconsin Supreme Court Rules on CCAP Eviction Records
Spring Landlord Boot Camp Will Be Held on Saturday, April 13th
Spring 2024 Landlord Boot Camp for Rental Property Association of Wisconsin (RPA)
- When: April 13, 2024
- 8:30 AM – 6:00 PM
- Location – SONESTA HOTEL WEST (10499 W. Innovation Drive, Wauwatosa WI 53226)
Registration
- Non-Member (Early Bird) – $399.00 (Includes 1 Year General Membership to the Rental Property Assoc. of Wisconsin)
- RPA Member (Early Bird) – $249.00
- RPA Member Refresher (Early Bird) – $199.00Available to members who attended an RPA Landlord Boot Camp within the past 2 years
TO
Continue Reading Spring Landlord Boot Camp Will Be Held on Saturday, April 13th
Updated Nonstandard Rental Provisions form Now Available at Wisconsin Legal Blank
Hi Everyone – I hope that you are all well on this rainy Friday afternoon. I just wanted to alert those of you that use the Landlord-Tenant forms that I draft for Wisconsin Legal Blank, that I recently re-wrote the Nonstandard Rental Provisions (NSRP) form for clarity and legal conformity. I recommend that you update your NSRP form accordingly to better protect yourself and your rental property.
Thanks
T
Continue Reading Updated Nonstandard Rental Provisions form Now Available at Wisconsin Legal Blank
Matt Desmond, Author of "Evicted" Has Some Detractors, Including Myself.
I apologize for getting on my soapbox here, but most of you are either landlords or spend more than 40 hours a week representing landlords or working with them. If you don’t fall into one of the above categories, you probably will not want to read this blog post.
I recommend that you read this recent article about Matt Desmond, the author of Evicted and now the author of Poverty. It is called “Princeton’s Matthew Desmond Gets Everything Wrong
Continue Reading Matt Desmond, Author of "Evicted" Has Some Detractors, Including Myself.
Matt Desmond, Author of "Evicted" Has Some Detractors, Including Myself
I apologize for getting on my soapbox here, but most of you are either landlords or spend more than 40 hours a week representing landlords or working with them. If you don’t fall into one of the above categories, you probably will not want to read this blog post.
I recommend that you read this recent article about Matt Desmond, the author of Evicted and now the author of Poverty. It is called “Princeton’s Matthew Desmond Gets Everything Wrong
Continue Reading Matt Desmond, Author of "Evicted" Has Some Detractors, Including Myself
The Next LANDLORD BOOT CAMP Seminar Will Be Held on Saturday, April 13, 2024.
My next Landlord Boot Camp for the Rental Property Association of Wisconsin, Inc. (formerly known as the AASEW) will be held on Saturday, April 13, 2024. This Boot Camp will be an in-person event. There will not be a virtual option.
There have been so many changes in how evictions and other Landlord-Tenant law matters are handled post COVID that I strongly recommend that you attend this Boot Camp to get caught up on all the changes, even
Continue Reading The Next LANDLORD BOOT CAMP Seminar Will Be Held on Saturday, April 13, 2024.
Can A Landlord Charge an Application Fee To A Prospective Tenant In Wisconsin?
Earlier today a client emailed me and asked whether or not his property management company could charge a rental applicant an application fee, over and above the cost of a consumer credit report, to cover the company’s time and energy reviewing and vetting the rental applicant.
Based on my review of Wisconsin law, a landlord may charge an application fee but it must be refundable. So while a landlord can charge an application fee, its probably not the kind
Continue Reading Can A Landlord Charge an Application Fee To A Prospective Tenant In Wisconsin?
A Summary of Landlord-Tenant Bills That Some In Madison Are Hoping to Get Passed in 2024
Below is a summary of the many Landlord-Tenant law bills that were drafted in late 2023 and are hoping to move forward in 2024. You will note that many of these bills are trying to undue the many laws that were passed between 2012-2018 (i.e., Act 143, Act 76, Act 176, and Act 317). Whether or not these bills have any real possibility to become law now, it is clear that there has been a lot of work behind
Continue Reading A Summary of Landlord-Tenant Bills That Some In Madison Are Hoping to Get Passed in 2024
How Does A Tenant’s Bankruptcy Interfere with Your Eviction?
A tenant’s filing of a bankruptcy, whether it is a Chapter 7 or a Chapter 13, stops your eviction cold under most circumstances!
Evictions are typically matters handled exclusively through the state court system, in whichever county the property is located. Every now and then, though, we have to make a trip to federal court to assist a landlord. This most frequently arises when a tenant files for bankruptcy protection.
Bankruptcy is authorized by the United States Constitution and
Continue Reading How Does A Tenant’s Bankruptcy Interfere with Your Eviction?