Archive for June, 2012

Judge Mary Kuhnmuench Will Be New Small Claims/Eviction Judge in Milwaukee County

Jun 27

Posted by Tristan R. Pettit, Esq. in Evictions, Milwaukee County, Miscellaneous, Small Claims Court | No Comments

In Milwaukee County we get a new small claims/eviction judge each year around August 1st or so.  Most judicial rotations are three years long  but for some reason — possibly the high volume, tediousness, pro se litigants, stress level — the small claims judge rotates every year.

Milwaukee County’s new small claims/eviction judge effective July 27, 2012, will be Mary M. Kuhnmuench.  Judge Kuhnmuench is currently completing her rotation in criminal misdemeanor court.

Judge Kuenhmuench was elected in 1998, and re-elected in both 2004 and 2010.  Prior to being a judge she was an Assistant City Attorney in Milwaukee, an in-house corporate attorney at A.O. Smith and and adjunct professor of business law at Alverno College.

Learn About Wisconsin’s New Landlord-Tenant Law At AASEW’s Next Meeting on June 18th.

Jun 12

Posted by Tristan R. Pettit, Esq. in AASEW, Act 143 (Landlord's Omnibus Law), Legislation | No Comments

You will not want to miss the Apartment Association of Southeastern Wisconsin’s next membership meeting on June 18, 2012.  The focus of the meeting will be on Wisconsin’s new Landlord Omnibus law (Act 143).

The passage of this new law in late March made a lot of changes to landlord tenant law in Wisconsin – both residential and commercial.  Landlords and management companies will need to make modifications to their rental documents and m,anagement procedures and practices in order to be in compliance.

We will have two landlord attorneys (myself and AASEW Attorney Heiner Giese) and a tenant attorney (Bob Andersen of Legal Action of Wisconsin) at the meeting to summarize the changes to you, give you our interpretation of the law and how it will play out in court, and provide you with reccomended best practices.  Oh yeah . . . and we will also answer your questions.

This new law was rushed through the legislative process and as such it was poorly written, resulting in much confusion and a difference of opinion as to how it should be interpreted.  The panel members will do their best to point out the areas of concern so that you can be better prepared in dealing with them.

Dont forget about the FREE food.

Here are the details:

LOCATION:     Best Western Hotel located at 1005 S. Moorland Road in Brookfield WI

DATE:     Monday, June 18, 2012

TIME:     7 pm

COST:     Free to members of the AASEW; $25 to non-members — Become a member that night and pay only $59 for the rest of the year (and avoid the $25 fee).

We hope to have a great turnout and a great discussion.  I hope to see all of you there.

T

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So Are Illegal Provisions In Wisconsin Residential Rental Agreements Severable Or Not?

Jun 8

Posted by Tristan R. Pettit, Esq. in Act 143 (Landlord's Omnibus Law), Legislation, Rental Agreements, Rental Documents | 6 Comments

 

 

SHORT ANSWER:  Yes . . . and No.

LONG ANSWER:   The newly passed law referred to as the Landlord’s Omnibus Law (Act 143) adresses this issue but provides contradictory answers.

In newly created sec. 704.02 of the Wisconsin Statutes, the law states quite clearly that the provisions of a rental agreement or lease are severable.  Specifically, it states that if any provision of a rental agreement is rendered void or unenforceable by reason of any statute, rule, regulation or judicial order, the invalidity or unenforceability of that provision does not affect the other provisions of the rental agreement that can be given effect without the legal provision.

So according to sec. 704.02, the answer to question posed in the title of this blog post would be a resounding “Yes.”

BUT . .

In the very same law, the legislature also decided to create a new section 704.44 that copies a regulation from ATCP 134 entitled (Residential Rental Provisions), specifically ATCP 134.08 entitled “Prohibited Rental Agreement Provisions,” which sets forth 7 things that cannot be included in a Wisconsin residential rental agreement – which I affectionately refer to as the 7 Deadly Sins.

The legislature also decided to add an 8th and 9th provision that cannot be included in residential rental agreements in Wisconsin.  So now I have to refer to the outlawed provisions as “The 9 Deadly Sins” which just doesn’t have the same ring to it.  : (

The 9 provisions that if included in a residential rental agreement will render the agreement void are:

1.   Any provision that allows a landlord to do any of the following because a tenant has contacted an entity for law enforcement services, health services, or safety services: (a) increase rent, (b)  decrease services, (c)  Bring an action for possession of the premises, (d)  refuse to renew a rental agreement, (e)  threaten to take any action under pars. (a) to (d).  This is one of the new clauses added by the legislature is Act 143.

2.  A provision that authorizes the eviction or exclusion of a tenant from the premises, other than by judicial procedures as provided under ch. 799.

3.  A provision that provides for an acceleration of rent payments in the event of tenant default or breach of obligations under the rental agreement, or otherwise waives the landlord’s obligation to mitigate damages as provided in s. 704.29.

4.  A provision that requires payment by the tenant of attorney fees or costs incurred by the landlord in any legal action or dispute arising under the rental agreement.  This subsection does not prevent a landlord or tenant from recovering costs or attorney’s fees under a court order under ch. 799 or 814.

5.  A provision that authorizes the landlord or an agent of the landlord to confess judgment against the tenant in any action arising under the rental agreement.

6.  A provision that states that the landlord is not liable for property damage or personal injury caused by negligent acts or omissions of the landlord.  This subsection does not affect ordinary maintenance obligations of a tenant under s. 704.07 or assumed by a tenant under a rental agreement or other written agreement between the landlord and the tenant.

7.  A provision that imposes liability on a tenant for any of the following: (a) personal injury arising from causes clearly beyond the tenant’s control, (b) property damage caused by natural disasters or by persons other than the tenant or the tenant’s guests or invitees.  This paragraph does not affect ordinary maintenance obligations of a tenant under s. 704.07 or assumed by a tenant under a rental agreement or other written agreement between the landlord and the tenant.

8.  A provision that waives any statutory or other legal obligation on the part of the landlord to deliver the premises in a fit or habitable condition or to maintain the premises during the tenant’s tenancy.

9.  A provision that allows the landlord to terminate the tenancy of a tenant if a crime is committed in or on the rental property, even if the tenant could not reasonably have prevented the crime.  This is the other new clause added by the legislature in Act 143.

So according to sec. 704.44, the answer to question posed in the title of this blog post would be “yes  . . . unless it is one of the 9 deadly sins which if included in a Wisconsin residential rental agreement or lease would not be severable and in fact would render the entire agreement void.”

Why can’t the law be more simple and clear?

 

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