About the Author
Tristan R. Pettit is a shareholder with the Milwaukee law firm of Petrie & Stocking S.C. which has been in existence for over 115 years assisting individuals, families, and businesses throughout the state.
He focuses his practice in the area of general civil and business litigation with an emphasis on landlord-tenant law.
Mr. Pettit handles both commercial and residential evictions and the accompanying damages claims for his clients throughout the state. He has also been involved in litigation dealing with lead-based paint issues, Fair Housing (discrimination) claims, bedbugs, building code orders, public nuisance lawsuits, and both the prosecution and defense of Wisconsin Administrative Code – ATCP 134 – violations.
He assists clients with the drafting and interpretation of commercial leases and residential rental agreements and other rental documents and is the author of the landlord-tenant legal forms sold at Wisconsin Legal Blank Co., Inc., which are used throughout the state.
Mr. Pettit presents seminars on landlord-tenant law and related matters throughout the state and currently is serving as the president of the Apartment Association of Southeastern Wisconsin, Inc.
#1 by Tristan R. Pettit, Esq. on March 29th, 2011
| Quote
Julie — I’m glad that youu found the seminar helpful. Your question requires the giving of legal advice which I cannot do via this blog. there are several issues that would need to be analyzed before an answer could be arrived at. I would suggest that you consider retaining an attorney to help you decide how to handle this — if done properly, and you can prove that the damage was caused by the tenant then there is always the possibility that you could retain the tenant’s security deposit — but since an improper deduction would open you up to paying double damages and atty. fees I would reccomend you spend the time and money make sure you understand any potential consequences of making a deduction from the tenant’s security deposit.
Hope that helps
T
#2 by Jeffrey Schwark on April 19th, 2011
| Quote
Last April I contacted you per this blog to say thanks for all your help and information when it comes to being a landlord. I without fail read your email updates the moment I see them and they are always helpful and informative so keep up the good work. I do however have a question which hopefully you can help with or point me in the right direction. The question is this For the first time in ten years I have decided to become pro active, I currently have a first time tennant who has entered into a one year lease with me. The lease is coming to an end this July and I contacted them 90 days prior to see if they wanted to renew. I got the run around so I drafted up a 90 day notice stating I will not be renewing the lease. So can I with a 12 hr notice show the place with in reasonable hours to potential renters prior to them moving out ? Thank You Jeff
#3 by Tristan R. Pettit, Esq. on April 19th, 2011
| Quote
Hi Jeff – Yes, I recall your earlier comment — thanks again fo your kind words.
Yes, you can certainly show the unit to a prospective renter after giving the current tenant 12 hours notice. The ability to do so is even set forth in the statutes and ATCP 134.
A practical question that you may encounter is how does the current tenant react. If they are difficult and say disparaging remarks to the potential new tenant, then you may not want to show the unit until they have left, but legally you are certainly allowed to do so.
T
#4 by Brian on June 9th, 2011
| Quote
Tristan Hello!
I wanted to Thank you for the wealth of information you provide regularly on your blog! Using your recommendations I filled my first rental unit last week with a great tenant.
I’m wondering if you have any information regarding selling a home on a land contract vs renting it out as an active landlord? Pros vs Cons. Or would you have a link to information you would recommend on this topic?
Thanks again!
Brian
#5 by Tristan R. Pettit, Esq. on June 9th, 2011
| Quote
Brian — thanks for the kind words. Possibly I can draft a future post on that topic. In the interim if you want to give me a call I can discuss some of the main differences.
T
#6 by Crystal on June 23rd, 2011
| Quote
Do you, or will you sometime in the future, have a blog post about the requirements of a rental agreement, such as rental unit and lease start date vs. TBD date?
You have such informative posts, I think an all inclusive post of what is required in a lease would be very helpful.
#7 by c on June 23rd, 2011
| Quote
Hi,
Thank you so much for all of the great info on this website.
It has been an invaluable help to us as we have learned the ropes. We now have a question about selling our rental property while there is a good tenant living in the property with a current lease through the end of March 2011 and who looking to be a long-term tenant at this time. We really like the tenant who just moved in, but we are getting a divorce and may need to sell the property. 1) is it possible to sell with a tenant 2) Do we have to sell it to someone who is willing to take over the existing lease 3) what happens if we can’t find anyone to buy with a current tenant? 4) what else should we be aware of/know about in this situation?
Thanks in advance!
#8 by Tristan R. Pettit, Esq. on June 24th, 2011
| Quote
Hi Crytal – thanks for your suggestion. I will consider that. The reason I haven’t done that yet is I am a strong proponent of landlords using the lease at Wisconsin LEgal Blank which I have drafted. Landlords only get themselves into trouble when they try to draft their own rental agreements.
I review the WLB lease regularly and therefore there is no need to reinvent the wheel.
T
#9 by Tristan R. Pettit, Esq. on June 24th, 2011
| Quote
While I am sorry to hear about your divorce, you needn’t worry about your tenant. All leases travel with the property not the owner. So if your current tenant has an existing lease that will have to be honored by the new purchasor.
Yes, having a tenant in the property might scare off someone who wants to buy the property to live in it, but to rental property owners — as long as it is a good tenant — that can actually be a benefit to a purchasing landlord.
T
#10 by Tony Clark on July 5th, 2011
| Quote
Can a landlord put in a “nonstandard rental provision” that the tenant must have the carpets cleaned? Or is that a violation of ATCP134.06 6(c)?
#11 by Tristan R. Pettit, Esq. on July 6th, 2011
| Quote
Such a NSRP would violate ATCP 134. You should NOT include that as a NSRP.
#12 by Mary Suminski on July 16th, 2011
| Quote
Hello Tristan,
Thank you for providing this resource! The question I have is simple, but I’m having a little difficulty finding the answer online. Does Wisconsin allow a 3-day right of recission for rental agreements? From what I understand, it’s binding as soon as the tenant signs it; however if they want out of the lease I need to make a reasonable effort to re-rent the unit.
Thank you for your time and expertise!
Mary
#13 by mark on July 16th, 2011
| Quote
I ran across your blog – will be saving it in my favorites. Also have a very unique situation question-
A tenant called me on June 8th stating that they would be moving out at the end of the month. I reminded her of the 30 day notice and she offered to forfeit her security depsoit in exchange for waving the 30 day notice – she was looking to rent a bigger place and have to give the new landlord an answer within a day. We made a verbal agreement. She moved out on June 28th and I sent her a letter regarding the security desposit on July 11th. She call and demanded her security deposit back and stated she never agreed to such a thing and called my a lier and has threatened to sue me. On July 12th she sent a text stating she was giving my a seven day notice to return the security deposit or she was going to seek legal action. I have nothing in writing – it is a he said she said. The lease agreement does state she must give a 30 day notice. Does she have to give me a seven day notice in writing vs. a text?? Please share your thoughts.
Mark
#14 by Tristan R. Pettit, Esq. on July 18th, 2011
| Quote
Mary – There is no right to rescind a residential rental agreement. No threed ays grace period as in other contexts. The tenant is bound by the lease subject to your duty to mitigate the tenant’s damages by making attempts to re-rent the unit.
#15 by Tristan R. Pettit, Esq. on July 18th, 2011
| Quote
Mark — Your situation requires the giving of legal advice which I cannot do via this blog. As I am sure you are already aware you should never make an agreement verbally — everything should be followed up in writing. More facts must be learned – i.e. what was the agreement you made for instance – that is not clear from your comment. But yes, you will have a she said-he said situation. She is not required to give you a 7 day notice at all — not sure what that is regarding — so I dont think it matters if that is in writing or via text.
T
#16 by Andrea on August 25th, 2011
| Quote
Great blog. I am a renter but I want to be informed on the landlord’s responsibilities, which I think makes me a better tenant. And I have a shady landlord (there’s currently water damage from an upstairs leak that the prop mgr looked at but has yet to take action; they want me to be the one to let in contractors even though my lease does not call for it) so it’s really good to know the legalities of what’s going on, via an informed voice. State docs are great, but examples (like how you define reasonable times for entry) are great education. Thank you!
#17 by Jan on August 27th, 2011
| Quote
I have a tenant that I have a 5 day to and she only responds by text messages.That she would be out by Friday the 26th. But I don’t know where she is, and she no longer answers the text messages. Do I still need to go through the courts to clean out the apartment?
Thank you.
#18 by Tristan R. Pettit, Esq. on August 29th, 2011
| Quote
Unless you cna confirm that the tenant has vacated the property it is safer to go forward with the eviction so that the tenant can not come back and sue you for an illegal self-help eviction.
#19 by Lee on September 2nd, 2011
| Quote
I have a tenant who has told me she is witholding september rent because she is tired of dealing cleaning up water leaks in the basement. And has threatened to sue us if we push her to pay september rent.
She is m2m. If she tries to sue for damages and claim we didn’t do anything or didn’t do enough, where is the burden of proof, and how much of her pain and suffering are we really responsible for??
#20 by Otha Barnes on September 3rd, 2011
| Quote
I am in a tenant in a property that has been going through foreclosure. The landlord never told me this. I found out end of June that he had been in foreclosure since 11/2010. The bank did take the property back on 8/29 of this year. After finding out the landlord was in foreclosure I did not make a payment to him in July or August. A process server came and gave me a summons and complaint on 8/22. I told the process server my name was Otha Barnes because the complaint said Malcolm Barnes which is my son name and he is 14. He left the summons with me anyways. We went to the 1st court date yesterday to see if there could be a settlement reached or agreement and I said to the commissioner to much is going on here and its need to be a trial. The landlord admitting to the commissoner he got my name mistaken with my son’s and she told him the judge may dismiss the case due to this. My question is will the judge dismiss based on wrong name on the complaint? Also the landlord did not issue a 5 day notice to me he is saying he gave it to me on 6/7/2011 but I did not get it, plus I gave him a payment a week after this date of 526 when my rent is 600 so this was a partial payment. If I had known about and eviction notice I would think I would have borrowed the difference. Since he took partial payment does this void the 5 day notice he saying he issued? Any advice would be appreciated.
#21 by Tristan R. Pettit, Esq. on September 6th, 2011
| Quote
Lee — In order to effectively advise you one would need to learn all of the facts and the extent to the water leaks, duration etc. You should take the time to retain and consult an attorney to adequately evaluate your exposure and to evaluate how to proceed since she is refusing to pay rent. A landlord cannot just allow a tenant to remain in a unit rent-free regardless of what the tenant might counterclaim for. There also is a statute that specifically says that a tenant cannot abate 100% of their rent and remain living in the unit.
With regard to pain and sufferring – I have yet to see a court award those types of damages to a tenant in a eviction context, although they have awarded other damages such as the abatement of rent. The burden of proof is the ordinary civil burden – “to a reasonable certainty by the greater weight of the credible evidence.”
Good Luck
#22 by Tristan R. Pettit, Esq. on September 6th, 2011
| Quote
Ms. Barnes — I cannot give legal advice via this blog. There are certain requirements that a lender must follow with regard to giving notice to a tenant during a foreclosure process. There are also certain disclosures that a landord must give to a tenant that he is renting to if the foreclosure process has conmmenced and the landlord is renting out the unit. You should consult with an attorney that represents residential tenants as this is an important issue for you.
#23 by Scott on December 10th, 2011
| Quote
Would the 3-day right to recession apply to a rental agreement that has no begun yet?
A friend signed a rental agreement and realized she could not afford all the bills and asked the landlord to rescind the agreement the next day…
#24 by Kim on December 22nd, 2011
| Quote
I recently learned of your blog and I appreciate all the info you have shared. It’s very helpful.
If a writ of restitution for eviction (in Washington County) expires, can the landlord legally change the locks while the tenant is still living there? The tenant is in the process of moving out but the landlord has threatened and attempted to change the locks. The Sheriff has not executed the writ.
Thank you.
#25 by Tristan R. Pettit, Esq. on December 22nd, 2011
| Quote
Kim — If a tenant has not vacated — even if a court has ordered him to — the only legal way for a landlord to regain possession of his property is to execute the writ with the Sheriff and have the Sheriff remove the tenant. Changing locks is never legal until the unit has been legally returned to the landlord via either tenant leaving the unit or the Sheriff evicting the tenant. If you were to change the locks, a tenant could sue you for illegal eviction.
#26 by Tristan R. Pettit, Esq. on December 22nd, 2011
| Quote
Scott — No, the 3 day right to rescind a contract does not apply to rental agreements.
#27 by Kim on December 22nd, 2011
| Quote
Hi Tristan,
Thank you very much for answering my question. I have read many blogs and online legal resources, but yours is one of the most concise and well-written that I’ve come across.
The information that you provide is invaluable and greatly appreciated.
Thanks again for your help.
Kim
#28 by Tristan R. Pettit, Esq. on December 23rd, 2011
| Quote
Kim – Thanks for your kind words. I am glad to hear that my blog is helpful. Happy Holidays.
T
#29 by Kim on January 19th, 2012
| Quote
Hi Tristan,
If a writ of restitution expires, is it possible to file a motion to have it re-issued? If yes, how many days notice is required to inform the tenant of the hearing?
I have learned so much from your blog and I appreciate the wealth of information you provide. Thank you for taking the time to answer my questions.
Kim
#30 by Tristan R. Pettit, Esq. on January 20th, 2012
| Quote
Kim — Thanks for the kind words.
The answer to your question is unfortunately “no.”
A writ expires after 30 days. If you have not tendered the writ with the Sheriff within 30 days of it being issued it becomes void. You would be forced to start the entire eviction process over again. An argument could even be made that you could not even use the prior 5 day notice (or 14 day notice . . .) as the basis for your second eviction based on the legal theories of claim preclusion and/or issue preclusion — so potentially you might even be required to issue a new 5 day notice.
At my seminars I always caution landlords that are attempting to work with tenants to stay in the unit (even after a writ has been issued) to be very careful about allowing the tenant to keep promising to pay and promising to pay and next thing you know the writ has expired . . . as that is the typical context in which I see writs expire.
#31 by Kim on January 20th, 2012
| Quote
Tristan,
Once again, you have answered my questions in words that us non-lawyers can understand! I didn’t even have to look up any of the words you use.
You truly are a great help. Thank you very much.
I will continue to read your blog and am looking forward to attending your seminars. There are several people I know (in the rental business) could benefit from your seminars. I will pass along the information to them. Thanks again.
Have a nice night.
Kim
#32 by Tristan R. Pettit, Esq. on January 20th, 2012
| Quote
Hi Kim — Thank you so much for your kind words. I am glad to know my explanation was understandable . . . sometimes us lawyers forget how to talk “normal.” : )
If you are looking for the best Landlord Tenant law seminar to attend, I would highly reccomend the Landlord Boot Camp coming up on Feb. 25th. It is th emost inclusive seminar I give at the best price. If you can make it, please be sure and introduce yourself.
T
#33 by Kim on January 23rd, 2012
| Quote
Hi Tristan,
You’re most welcome. Thanks for the recommendation! I will try to arrange my schedule so I can attend the one in February. When I am able to attend, I will be sure to intoduce myself and thank you in person.
Thanks again for providing all the information that you do.
Enjoy your day.
Kim