Archive for category AASEW

Don’t Miss AASEW’s Next Meeting Featuring Steve Smullin on Real Estate Trading

May 15

Posted by Tristan R. Pettit, Esq. in AASEW, Investing In Rental Property | No Comments

Come join us at the next AASEW monthly membership meeting next week.

When:   Monday May 21st at 7 PM

Where:  The Best Western, 1005 S. Moorland Road, in Brookfield

Who: Steven J. Smullin – Real Estate Problem Solving Since 1988.

Topic:  Real Estate Trading – It’s All About the Benes . . .  That’s the Benefits, not the Benjamins.

Cost:  Free to current AASEW members, $25 to others.

 

Note: Starting at our May meeting we will be introducing a landlord/tenant law education component to each of our meetings that will last approximately 10-15 minutes. In anticipation of the next Landlord Boot Camp in October, Attorney Tristan Pettit will be taking a single issue from his Landlord Boot Camp materials and teaching it at each meeting.  This month Tristan will talk about LATE FEES.

 

About our Speaker:

Steve is a commercial investment real estate broker, counselor, exchangor, investor, educator, and long time practitioner using creative solutions to real estate related problems.  Steve has closed transactions involving the FDIC, RTC, US Marshall, US Bankruptcy Court, Banks and numerous others since the mid 1980′s … following hundreds of cases, attending dozens of sheriff and judicial sales and assisting clients in the acquisition and disposition of properties.
Steve is a member of the National, Illinois and Chicago Associations of Realtors and a Charter Member of the Northern Illinois Commercial Association of Realtors where he has served on the Board of Directors. He adheres strictly to the Code of Ethics of these organizations and applies their principles in everyday life. In addition he has served on the Board of Directors of the Chicago Area Real Estate Exchangors in numerous capacities including serving as President.

Steve routinely studies formulas, exchanging, financial analysis, and property management and has studied creative real estate techniques and strategies with
some of the most brilliant minds throughout the country. He is a long time member of the Chicago Creative Investors Association and active participant at the National Council of Exchangors, The Society of Exchange Counselors and numerous other marketing and educational organizations.

Steve has presented programs and workshops for Chicago Creative Investors Association, Lake County Property Investors Association, West Suburban Landlords Association, Milwaukee Real Estate Investors Association, and for the ValueHoundAcademy.

Steve’s presentations and workshops have included:

Formulas, Brainstorming & Problem Solving - The days of throwing money at real estate are over.  It’s no longer possible to solve today’s problems with yesterday’s solutions.  Identify the real problem, use effective ideation and brainstorming to identify possible solutions and then, take appropriate action.

Assessing the Situation - The facts and information needed for a successful and profitable deal.  Income and Expense analysis;  The Documents and Information YOU NEED to evaluate the offering;  The Documents YOU NEED to Close the Deal; Sources and Resources.

Real Estate, It’s About The Benes … That’s The Benefits!  Not The Benjamins - The Pros and Cons of Cash and Alternative Currencies; How Benefits oriented real estate transactions create a WIN for all involved.

How To Get What You Want … When You Can’t Sell What You’ve Got – Create benefits oriented real estate transactions that provide WINNING solutions for all involved.  “Selling the Sizzle” and “Buying the Benefits”;  Takers vs. Buyers; The Benefits of Barter; “Packaging” a Property for Disposition.

 

It should be a great meeting.  Hope to see all of you there.

T

Joint Legislative Council Gives Clarification To Wisconsin’s New Landlord’s Omnibus Law

Apr 27

Posted by Tristan R. Pettit, Esq. in AASEW, ATCP 134, Legislation | 4 Comments

You will recall from my earlier post that I had some concerns about the new Landlord’s Omnibus Law (Act 134).  One of my main concerns was that it was unclear from the wording of Act 143 whether or not a violation of chapter 704 would give rise to a claim by a tenant that would entitle the tenant to double damages and attorney’s fees if successful.

The portion of Act 143 that concerned me was Section 36, which creates Wis. Stats. sec 704.95, and reads as follows:

704.95  Practices regulated by the department of agriculture, trade and consumer protection.  Practices in violation of this chapter may also constitute unfair methods of competition or unfair trade practices under s. 100.20.  However, the department of agriculture, trade and consumer protection may not issue an order or promulgate a rule under s. 100.20 that changes any right or duty arising under this chatper.

My concern was that tenants might start filing suits against landlords alleging that they were entitled to double damages and attorny’s fees if a landlord violated any portion of chapter 704.  Could a landlord be on the hook for double damages and attorney’s fees if he drafted a 5 day notice improperly or served the notice incorrectly?

Because of this concern, the Apartment Association of Southeastern Wisconsin (AASEW) attorney wrote to the State of Wisconsin’s Joint Legislative Council which authored the earlier memo summarizing the new Act 143.  Specifically the AASEW asked staff attorney Margit Kelley to clarify section 36 of her Act Memo dated March 26, 2012.

I have good news to report.  Attorney Kelly in her letter to the AASEW’s attorney, indicated that any violation of Chapter 704 does not automatically lead to a cause of action for double damages and attorney’s fees.

Her verbatim response — referring to section 36 (now Wis. Stats. section 704.95) – was as follows:

This means that DATCP may promulgate and enforce any administrative rules that are in line with ch. 704, Stats., including the provisions of the Act that affect that chapter, under DATCP’s authority to regulate unfair methods of competition or unfair trade practices in s. 1002.0, Stats.  Section 100.20(5), Stats., then, in turn allows an individual right of action for a violation of any rules promulgated under s. 100.20, Stats., and allows for recovery of costs, reasonable attorney’s fees, and twice the amount of any pecuniary loss.

Translation:  DATCP can create rules to add to ATCP 134 that are line with chapter 704, but a violation of ch. 704 alone does not give rise to a cause of action that entitles a tenant to double damages and attorney’s fees, unless that section of the statute is also contained in ATCP 134.

So for instance, if a landlord was found to have violated Wis. Stats. section 704.28, entitled withholding from and return of security deposits, a tenant would be entitled to receive an award of double damages and attorney’s fees because the language of sec. 704.28 is ALSO contained in ATCP 134 – specifically ATCP 134.06(2).

Along those same lines, if a landlord was found to have violated Wis. Stats., sec. 704.44, entitled residential rental agreement that contains certain provisions is void, a tenant would als be able to recover double damages and attorney’s fees as the language of sec. 704.44 is ALSO contained in ATCP 134  – specifically ATCP 134.08.

As long as the courts are made aware of this, it now appears that landlords can breathe a sigh of relief as they will no longer have to worry about being ordered to pay double damages and attorney’s fees to a tenant for  improperly drafting or serving a 5 day notice, or any other portion of ch. 704 that is not also included in ATCP 134.

Now we just have to worry — as we have always had to – about having the court dismiss our evictions because of an improperly drafted or served 5 day notice : )

 

 

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Landlord’s Omnibus Bill Signed Into Law – Read It Now

Mar 23

Posted by Tristan R. Pettit, Esq. in AASEW, ATCP 134, Legislation, Rental Agreements, Rental Documents, State of Wisconsin | 3 Comments

Governor Walker did sign the Landlord’s Omnibus Bill into law.

I appreciate the effort of everyone that called the Governor’s office asking him to veto the bill due to its deficiencies.

Here is a link to the new law.  Much easier to read than having to go back and forth between the orginal bill, the Substitute bill and the two amendments.

The two main concerns that I have with the law and which caused me to ask that the bill be vetoed. They are section 35M and section 36.

The AASEW has already spoken with Sen. Lassee’s office regarding these two major problems and I will keep you informed if and when anything is done about them.

And yes, I will be reviewing all of Wisconsin Legal Blank’s forms in the near future and making the necessary revisions – if needed – and will let you know when they will be available : )

HUD Issues New Rule On “Discriminatory Effect” a.k.a Disparate Impact

Feb 20

Posted by Tristan R. Pettit, Esq. in AASEW, Fair Housing / Discrimination, Legislation, Protected Classes, Screening Tenants | 3 Comments

HUD has issued a new Fair Housing “disparate impact” rule that may cause problems for landlords during the screening process.  The new rule creates a new provision entitled “Prohibiting Discriminatory Effects” which defines “discriminatory effect” as situations in which a facially neutral (i.e. not discriminatory) housing practice can become discriminatory if it actually or predictably has an effect on a group of persons that are members of a protected class.

The concern is whether or not this new rule will restrict landlord’s use of criminal background checks on prospective tenants.  Recently Pepsi Co. agreed to pay $3.13 Million to resolve allegations of hiring discrimination against African-Americans based on Pepsi’s use of the African-American’s arrest records.

This recent settlement when read in conjunction with HUD’s new rule causes concern regarding whether it will be considered discriminatory to use a person’s criminal arrest or conviction as a basis for rejecting a rental applicant when such use would result in members of a protected class being rejected as tenants.  For more on this issue and
please read Tim Ballering’s blog post entitled ‘Will Criminal Background Checks For Screening Be Restricted By Proposed Federal Rule?”

In light of this concern, the AASEW’s Executive Committee submitted the following comments to HUD:

The Apartment Association of Southeastern WI, Inc. is a trade association representing approximately 575 owners and managers of rental housing in the Metro Milwaukee area.

Our organization supports Fair Housing as well as community efforts to reduce the effects of crime within the neighborhoods that our members own and manage rental housing.

We are concerned that this proposed rule will restrict the  legitimate and necessary use of criminal arrest and conviction records in screening tenants to exclude those who will cause disruption and harm to other occupants, the neighborhoods those properties are located in, and to our properties.

Many communities in southeastern Wisconsin have “Nuisance Property Ordinances” that hold owners accountable for the misdeeds of their tenants.  For example Milwaukee’s Nuisance Ordinance does not require the conviction, nor the arrest of the tenant or their invitees, rather simply repeat law enforcement activity will trigger the enforcement provisions of that ordinance.

As part of your proposed rule property owners need “bright line” guidance, establishing what background screening criteria and methods will remain acceptable under this proposed rule as well as protections from potentially conflicting local requirements.

It would be inequitable, causing unnecessary costs and harm to property owners if such guidance is not provided in advance of the implementation and enforcement of this proposed rule.

Hopefully additional guidance will be provided.  If and when it is I will be sure to provide everyone an update.

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Last Chance To Sign Up For AASEW’s Landlord Boot Camp 2012

Feb 7

Posted by Tristan R. Pettit, Esq. in AASEW, Seminars | No Comments

Hi Everyone:

We have had a very good response to our ads for the AASEW’s 4th Annual Landlord Boot Camp.  So much so that seats are quickly running out . . . or we may need to consider adding a second seminar shortly after the first.

If you are interested in attending this year’s Boot Camp on Saturday, Feb, 25th, I would strongly suggest that you register here.

I will be presenting this all-day seminar (8:30 am – 5:30 pm) at the Clarion Hotel located at 5311 S. Howell Avenue.

I will be teaching you everything you need to know legally to be a residential landlord or property manager.

Here are what past attendees said about Landlord Boot Camp.

We will cover topics such as:

-       How to screen applicants

-       How to avoid discrimination issues and better understand fair housing laws

-       How to draft legal screening criteria

-       How to legally reject an applicant

-       How to spot an applicant that is “fronting” for another applicant that won’t qualify to rent from you

-       What rental documents you should be using and why

-       The Residential Rental Practices (Wisconsin Administrative Code ATCP 134) and what can happen to you if you violate any of these 21 regulations.

-       What are the “7 Deadly Sins” and why you cannot include them in your rental agreement

-       What is the best way to evict a tenant and how to accomplish this

-       What are the different choices a landlord has when deciding what type of notice to serve a tenant

-       How to serve a tenant a notice so that service cannot be attacked in court

-       How to navigate your way through the judicial eviction process

-       What evidence you must present at an eviction trial to prevail

-       What to do with a tenant’s abandoned property

-       How to draft a legal security deposit transmittal letter

-       How to collect for past due rent and damage from an ex-tenant (or should you even bother pursuing this)

. . .  and much more.

All attendees will also receive a 100 page + manual (with lots of sample forms) to refer to in your business when the seminar has faded from your memory : )

Attendees will also receive a free lunch on the day of the seminar.

Cost is $159 for members of the AASEW, $249 for non-AASEW members (you can join the AASEW for an additional $1), $199 for members of any landlord or apartment association.  Past attendees will receive a discount for attending again.

Register online or by calling the AASEW at 414-276-7378.

I hope to see all of you there!!!!

 

T

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Don’t Miss AASEW’s January “Town Hall” Membership Meeting on January 16, 2012 at 7 PM

Jan 13

Posted by Tristan R. Pettit, Esq. in AASEW | 1 Comment

January’s Apartment Association Meeting will be held this coming Monday, January 16, 2012 at 7 pm at the Best Western Hotel located at 1005 S. Moorland Road in Brookfield.

We will be hosting a “Town Hall” style meeting at which you can pose any and all of your property management or landlord-tenant law questions. Both Stacy Hegg of Wellston Properties and Atty. Tristan Pettit will be panel members.
Please bring yourself, a friend, and your questions to our meeting.

We have many new and exciting things in store for the AASEW in 2012.  If you haven’t been to a meeting in awhile please come and join us!!!!

See the Association page for the more details

http://apartmentassoc.org

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You Will Not Want To Miss AASEW’s Fourth Annual Landlord Boot Camp on Saturday Feb. 25th

Jan 3

Posted by Tristan R. Pettit, Esq. in AASEW, City of Milwaukee, Collections, Credit Checks, De Novo Hearings, Earnest Money, Emergency Assistance, Evictions, Execution of Writ, Fair Housing / Discrimination, Holdover Damages, Landlord Liability, Late Fees, Lead-Based Paint, Milwaukee County, Mitigation of Damages / Re-Renting, Notices, Pets, Property Management, Protected Classes, Reasonable Accomodations, Reasonable Modifications, Rejecting Rental Applicants, Rental Agreements, Rental Documents, Right of Entry, Roommates, Screening Tenants, Security Deposit, Self-Help Evictions, Seminars, Small Claims Court, Smoke Detectors, State of Wisconsin, Tenant Damage, Untenantability, Walkthroughs | 2 Comments

Landlording can be pretty complex, with a seemingly never ending myriad of paperwork, rules, landlord-tenant laws and simple mistakes that can cost you thousands of dollars.

The Apartment Association of Southeastern Wisconsin’s Fourth Annual “Landlord Boot Camp” can help you navigate these treacherous waters and teach you how to run your properties with greater profit and less hassles.

I have given similar landlord-tenant law seminars to fellow attorneys, landlords, and property manager organizations throughout the state for other state-wide semianr companies that charge attendees $300-$400.  This is your opportunity to learn all of the same information at a huge discount through the Apartment Association.

 

Who:   Taught by Attorney Tristan R. Pettit (who drafts the landlord tenant forms for Wisconsin Legal Blank)

When:    Saturday, February 25th, 2012. 8:30 am – 5 pm

Where:   Clarion Hotel 5311 S. Howell Avenue, Milwaukee [Map]

Included:  100 plus page manual/outline to help you put what you learn into practice plus helpful forms.

Cost:  $159 for AASEW members and $249 for non-members.  If you are not a member of AASEW but are a member of another landlord/apartment association the cost to attend will be $199.

Specials: Not a member?  Pay just a dollar more and enjoy a 2012 AASEW membership.

Wisconsin landlord-tenant laws are constantly changing.  To help keep you up to date we offer prior attendees a $50 discount.

Sign up by going to the AASEW’s Landlord Boot Camp landing page where you can sign up online and pay via PayPal.

 

What you will learn at the Apartment Association’s 2012 Landlord Boot Camp

Landlord Boot Camp covers everything that you need to know about residential Landlord Tenant law in Wisconsin, including:

  1. How to properly screen prospective tenants.
  2. How to draft written screening criteria to assist you in the selection process and protect you from discrimination complaints.
  3. How to comply with both federal and state Fair Housing laws including how to handle with “reasonable modifications”  and “reasonable accommodations” requests.
  4. How to legally reject an applicant.
  5. What rental documents you should be using and why.
  6. When you should be using a 5-day notice versus a 14-day notice, 28-day notice, or 30-day notice and how to properly serve the notice on your tenant.
  7. Everything you wanted to know (and probably even more than you wanted to know) about the Residential Rental Practices (ATCP 134) and how to avoid having to pay double damages to your tenant for breaching ATCP 134.
  8. When you are legally allowed to enter your tenant’s apartment.
  9. How to properly draft an eviction summons and complaint.
  10. What to do to keep the commissioner from dismissing your eviction suit.
  11. What you can legally deduct from a security deposit.
  12. How to properly draft a security deposit transmittal / 21 day letter.
  13. How to handle pet damage.
  14. What to do with a tenant’s abandoned property and how this may affect whether or not you file an eviction suit.
  15. How to pursue your ex-tenant for damages to your rental property and past due rent (and whether it is even worth it to do so).

. . .  and much more.  There will also be time for questions and answers.

You get all this for less than you would pay for an hour of an attorney’s time.

Last year’s AASEW Landlord Boot Camp was filled to capacity and we even had to turn a few people away.  So call early to reserve your spot.

Call the Association at (414) 276-7378, email membership@apartmentassoc.org or go to our Landlord Boot Camp landing page to sign up online and reserve your spot.

Remember that “landlording” is a business — so take the time to educate yourself on how to better manage your business and avoid costly errors!

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