Comments on: About the Author http://petriestocking.com/blog Tristan's Landlord - Tenant Law Blog Tue, 15 May 2012 19:37:19 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Tristan R. Pettit, Esq. http://petriestocking.com/blog/about/comment-page-1/#comment-2137 Tristan R. Pettit, Esq. Thu, 26 Apr 2012 22:55:09 +0000 http://petriestocking.com/blog/?page_id=2#comment-2137 Lor -- You could choose to ask those questions in the application if you wish as well as many more. It is a matter of finding a balannce between obtaining the pertinent info and not having the retal application become too long. I wouldnt reccomend that a landlord trust the answers to your questions anyhow. By using the information on the rental application you can find out that infirmation you want form a more verifiable source than the applicant -- ie. Use CCAP to check for prior money judgments or evictions, call prior landlords re: evictions, judgments, damage etc. Lor — You could choose to ask those questions in the application if you wish as well as many more. It is a matter of finding a balannce between obtaining the pertinent info and not having the retal application become too long. I wouldnt reccomend that a landlord trust the answers to your questions anyhow. By using the information on the rental application you can find out that infirmation you want form a more verifiable source than the applicant — ie. Use CCAP to check for prior money judgments or evictions, call prior landlords re: evictions, judgments, damage etc.

]]> By: Lor http://petriestocking.com/blog/about/comment-page-1/#comment-2133 Lor Wed, 25 Apr 2012 22:03:14 +0000 http://petriestocking.com/blog/?page_id=2#comment-2133 I'm wondering why the rental application you drafted doesn't include questions for the applicant to answer about previous lockouts by sheriff, bankruptcy, sued for bills, guilty of felony, broken a lease, taken to court by another landlord, moved owing rent or damaged an apt, and if the rent & sec dep are available now ? I’m wondering why the rental application you drafted doesn’t include questions for the applicant to answer about previous lockouts by sheriff, bankruptcy, sued for bills, guilty of felony, broken a lease, taken to court by another landlord, moved owing rent or damaged an apt, and if the rent & sec dep are available now ?

]]> By: Tristan R. Pettit, Esq. http://petriestocking.com/blog/about/comment-page-1/#comment-2009 Tristan R. Pettit, Esq. Fri, 09 Mar 2012 18:50:08 +0000 http://petriestocking.com/blog/?page_id=2#comment-2009 Delphi --- thanks for your question. I am not very familiar with Madison's local ordinances - so there may be some requirement to disclose there that I am unaware of - but based on what is below, I would doubt it. In terms of state law, the only law that even touches on that issue would be. sec. 704.50 re: individuals on the sexual offender registry. The law essentially says that the landlord has no duty to disclose to an applicant or tenant that a person is listed on the sex offender registry unless the applicant or tenant specifically asks the landlord and then only if the landlord has actual knowledge of the information. Additionally, a landlord is immune from liability if the landlord, upon being asked, provides the requester with npotice as to how the requester can obtain information re: who is on the sex offender registry -- i.e. phone number or website. Most good rental agreements or rental applications contain this information so that applicants or tenants can look it up themselves. This state statute only applies to those listed on the sex offender registry and does not apply to individuals charged or convicted of other crimes that do not require registry as a sex offender. I am not aware of any WI law or case whereby a landlord was required to disclose a current tenat's criminal background to applicatns or new renters and based on the drafting of the above statute it seems pretty clear that a landlord would not be required to disclose that info unless they were specifically asked and had actual knowledge. WHile this may seem unfair to you, and I understand your concern and alarm, there would most likely be a lot of privacy issues at play which would allow a tenant who was convicted or charged with a crime to sue a landlord that disclosed that information to any tenant or applicant that asks. Landlords are not even supposed to give out the names of their tenants to applicants or new tenants. Delphi — thanks for your question. I am not very familiar with Madison’s local ordinances – so there may be some requirement to disclose there that I am unaware of – but based on what is below, I would doubt it.

In terms of state law, the only law that even touches on that issue would be. sec. 704.50 re: individuals on the sexual offender registry. The law essentially says that the landlord has no duty to disclose to an applicant or tenant that a person is listed on the sex offender registry unless the applicant or tenant specifically asks the landlord and then only if the landlord has actual knowledge of the information.

Additionally, a landlord is immune from liability if the landlord, upon being asked, provides the requester with npotice as to how the requester can obtain information re: who is on the sex offender registry — i.e. phone number or website. Most good rental agreements or rental applications contain this information so that applicants or tenants can look it up themselves.

This state statute only applies to those listed on the sex offender registry and does not apply to individuals charged or convicted of other crimes that do not require registry as a sex offender.

I am not aware of any WI law or case whereby a landlord was required to disclose a current tenat’s criminal background to applicatns or new renters and based on the drafting of the above statute it seems pretty clear that a landlord would not be required to disclose that info unless they were specifically asked and had actual knowledge.

WHile this may seem unfair to you, and I understand your concern and alarm, there would most likely be a lot of privacy issues at play which would allow a tenant who was convicted or charged with a crime to sue a landlord that disclosed that information to any tenant or applicant that asks.

Landlords are not even supposed to give out the names of their tenants to applicants or new tenants.

]]> By: Delphi http://petriestocking.com/blog/about/comment-page-1/#comment-2006 Delphi Thu, 08 Mar 2012 06:01:37 +0000 http://petriestocking.com/blog/?page_id=2#comment-2006 Hi Tristan, Could you please tell me if there are any legal or moral obligations for a landlord in terms of disclosure to potential tenants regarding other tenants in the building and their criminal backgrounds? We just found out that one of the other tenants (who threatened to kill me and my family) has a long string of issues with violence and sexual assault of a child though the charges were altered to a conviction of child abuse instead. We feel violated in terms of had it been disclosed to us that people in our building had convictions and served jail time for violent crimes sexual or not-we obviously would not have moved into the building. We live in Madison and I know our laws are different to Milwaukee, but if you could give me any information in terms of whether there is any state or federal law that mandates disclosure by the landlord when asked about other tenants in the building to reveal that there are people with violent histories,etc. I would hope that there would be given that if landlord's do not screen properly it puts all the other tenants at risk-but I am not sure where to look. I don't mind doing any leg work in terms of research here, just not sure where to start looking. Kindest Regards-and thanks for the very informative site. Delphi Hi Tristan,

Could you please tell me if there are any legal or moral obligations for a landlord in terms of disclosure to potential tenants regarding other tenants in the building and their criminal backgrounds?

We just found out that one of the other tenants (who threatened to kill me and my family) has a long string of issues with violence and sexual assault of a child though the charges were altered to a conviction of child abuse instead. We feel violated in terms of had it been disclosed to us that people in our building had convictions and served jail time for violent crimes sexual or not-we obviously would not have moved into the building.

We live in Madison and I know our laws are different to Milwaukee, but if you could give me any information in terms of whether there is any state or federal law that mandates disclosure by the landlord when asked about other tenants in the building to reveal that there are people with violent histories,etc. I would hope that there would be given that if landlord’s do not screen properly it puts all the other tenants at risk-but I am not sure where to look. I don’t mind doing any leg work in terms of research here, just not sure where to start looking.

Kindest Regards-and thanks for the very informative site.
Delphi

]]> By: Kim http://petriestocking.com/blog/about/comment-page-1/#comment-1915 Kim Mon, 23 Jan 2012 13:56:43 +0000 http://petriestocking.com/blog/?page_id=2#comment-1915 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 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

]]> By: Tristan R. Pettit, Esq. http://petriestocking.com/blog/about/comment-page-1/#comment-1913 Tristan R. Pettit, Esq. Fri, 20 Jan 2012 23:43:24 +0000 http://petriestocking.com/blog/?page_id=2#comment-1913 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 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

]]> By: Kim http://petriestocking.com/blog/about/comment-page-1/#comment-1911 Kim Fri, 20 Jan 2012 01:26:25 +0000 http://petriestocking.com/blog/?page_id=2#comment-1911 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 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

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