Comments on: Finally, Some Legislation That Actually Assists Landlords – Senate Bill 607

By: Brian K

Brian K — Tue, 30 Mar 2010 20:14:28 +0000

This is a terrible law, just as dangerous to freedom and landlords as the nuisance law. The next step will be requiring landlords to evict under threat of property seizure with nothing more than circumstantial evidence, as the nuisnance law already does. These types of laws need to be recognized by landlords and tenants for what they are: 1. The state, in recognition of its complete abdication of responsibility with respect to enforcing the criminal law, attempting to make landlords responsible for enforcing the criminal law by imposing civil sanctions on those whom the state is incompetent and/or unwilling to convict and/or punish.2. Another way for the state to circumvent double jeopardy laws by effectively allowing a tenant to be prosecuted at both the state and civil level for the same supposed crime.3. Under this law, smart Milwaukee landlords will no longer be able to direct criminal applicants to Madison, since Madison’s law outlawing discrimination in renting based upon an applicant’s criminal record will likely be voided by this law.

My recommendations to those concerned about what “rights” they may not currently have.

1. Use only month-to month rental agreements. A landlord’s supposed rights under longer leases are un-enforceable at either law or equity- all landlords know this.
2. Embark upon a publicity campaign espousing the fact that criminals cannot be discriminated against in Madison. When they all move there, maybe the law-makers and judges there will wake up.

By: Tristan R. Pettit, Esq.

Tristan R. Pettit, Esq. — Fri, 12 Mar 2010 22:53:15 +0000

Andrew – Thanks for your comments. All good points. I guess my thought is that any law, rule or regulation can be abused if someone tries hard enough. Yes, “bad” landlords could abuse this law but I think there are many more good landlords out there that genuinely want to protect their tenants and their investment property and I view this legislation as step forward in recognizing how the current law can, at times, put a landlord in a catch 22 sitaution.

I’m sure the bad landlords aren’t retaining me and that is why I may not be aware of such abuse but I meet or talk with landlords every day that are forced to keep tenants who have commited crimes at the rental property thus endangering other tenants, and damaging property all becasue they are under a lease for term and they are thus afforded the right to cure the breach (crime).

Any legislation that can assist in preventing such a sitaution is a step in the right direction as far as I am concerned.

I also don’t think this legislation allows a landlord to evict a tenant without cause – the landlord will still need to prove up the crime in court if contested by the tenant.

Yes, the language of the proposed bill does include many crimes (especially the “catch-all” provision) but I’m not sure that I am understanding the two examples that you provided and how they support your argument. The landlord that is trying to obtain sexual favors from a tenant would still have to prove a crime was committed by the female tenant and under your fact sitaution he wouldn’t be able to do so as the female tenant did not committ a crime. Under the second example, I dont believe that a tenant invites a person who is a sexual offender over to watch a football game, has committed a crime. I can’t imagine a scenario based on those limited facts where a landlord would prevail in an eviction under that scenario even with the assistance of this new legislation.

You are correct however that the legal aid attorneys and legal action attorneys will not be in support of this bill. If a “bad” landlord is abusing this potential law then a tenant’s atty. should put him/her through the wringer — I think a good cross examination would prove the charade and the eviction would be dismissed. But as long as the landlord is required to “prove up” the crime if the tenant contests the eviction I do not see this legislation as allowing a “no fault” eviction.

By: John (Dr Rent) Fischer

John (Dr Rent) Fischer — Fri, 12 Mar 2010 13:47:06 +0000

I SOOOOO agree that it is nice to see a piece of legislation we can support instead of fight.

This is GREAT timing as the Wisconsin Apartment Association’s legislative day is Wednesday, 3/17 and since many of our members will be meeting with their elected officials, we can take this time to ask them for their support of this bill.

By: Attorney Andrew Schmidt

Attorney Andrew Schmidt — Fri, 12 Mar 2010 13:42:52 +0000

These are the same kinds of laws that exist in the HUD leases I see and they are wrought with corruption.

REALLY, You think this is going to help. probably on many but what about the LL who insists on sexual behaviors from his tenant because her live-in BF was arrested for 4th OWI.
Or the guy who has a football party and one of his guests is a known sex offender.
Hey, ALL crimes fit your paragraph 7.

I have written in opposition that without safeguards this law will be used by landlords abusively as it allows a landlord to terminate a lease without cause.

Just wait until some tenant’s attorney gets ahold of one of these cases.

I have always advocated to Landlords – “do your job right or the legislature will do it for you.”

ANDREW