Archive for category Evictions

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

Mar 11

Posted by Tristan R. Pettit, Esq. in Evictions, Legislation, Notices of Breach | 3 Comments

Senators Plale, Hansen, and Lasee introduced Senante Bill (SB) 607 yesterday.  What a breath of fresh air it is to read this bill.  Rather then making landlords jump through more and more hoops to protect our tenants and rental property, this bill actually assists us in doing our jobs.  I am so used to blogging about proposed legislation that hurts (or at the very least hinders) landlords that this is a nice change.

If passed, this bill will allow a landlord to terminate a tenant’s tenancy, regardless if they are a month-to-month tenant, tenant under a lease for 1 year or less, or a tenant with a lease for more than 1 year, if the tenant or the tenant’s guest, commits certain crimes, in property or near the property.

Currently if you have a tenant under a lease for one year or less or more than one year (as opposed to a periodic tenancy like a month-to-month) and if that tenant commits a crime you are legally prevented for terminating that tenant’s tenancy and evicting them.  The current law states that if a tenant under a lease commits a breach (including criminal activity) that they landlord MUST serve them with a 5 day notice that allows the tenant the opportunity to cure the breach. 

Currently the only two exceptions to the above, are the very limited situations in which the tenant has created a gang or drug nuisance at the property AND the landlord has received a written notice of drug or gang nuisance from a law enforecement agency.  Only in these two limited circumstances can a landlord serve a 5 day notice on the tenant that does not afford the tenant the right to cure the breach.

To better illustrate the current status of the law, here is an example: 

Tenant A gets drunk and runs around the apartment complex brandishing a gun and threatening to shoot anyone that he passes.  Assuming that Tenant A is not arrested and hauled off to jail,  Tenant A’s landlord is not legally allowed to terminate Tenant A’s tenancy and file an eviction action as a result of this criminal behavior if Tenant A is under a lease for one year or less or a lease for more than one year.  The only legal recourse that the landlord has is to serve Tenant A with a 5 day notice which affords Tenant A with the opportunity to cure the breach (the criminal activity) or vacate.  How does Tenant A cure the breach?  By not running around the apartment complex within the next 5 days brandishing a gun and threatening to shoot people.  Ridiculous I know, but that is all Tenant A must do to cure his breach and if he does that, the landlord is legally required to keep him as a tenant as long as the tenant is under a lease. Read the rest of this entry »

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City of Milwaukee Releases Its 2010 Schedule of Special Sessions for The Landlord Training Program

Jan 10

Posted by Tristan R. Pettit, Esq. in City of Milwaukee, Evictions, Fair Housing / Discrimination, Landlording, Lead-Based Paint, Notices of Breach, Protected Classes, Screening Tenants, Seminars | 1 Comment

The City of Milwaukee has just released its 2010 Schedule of Special Sessions for The Landlord Training Program.  The focus of these 5 special seminars will be on learning how to effectively and professionally manage your rental properties.  All of the sessions will take place on Saturday mornings to allow those of you who work an additional job (aside from being a landlord) to attend.

I am very honored to have been asked, as president of the Apartment Association of SE Wisconsin, to present one of these special sessions on Saturday, August 14, 2010.  The topic that I will be addressing is the Judicial Eviction Process.  The seminar will run from 9 am – 12 pm at Alverno College’s Wehr Theater which is located at 3441 S. 39th Street.

Other special sessions in the 2010 program include:

February 6, 2010:     (1) The District Attorney’s new diversion program for tenant’s who “bounce” their rent checks  - presented by A.D.A. Ron Dague, and  (2) The EPA’s new renovation rules regarding lead-based paint which will become effective later this year – taught by Ada Duffey of Milwaukee Lead/Asbestos Information Center, Inc.

April 24, 2010:     Screening Tenants and how using a good tenant screening company can assist you during the very important screening process - presented by Kathy Huens of Landlord Services, LLC

June 12, 2010:     Fair Housing Practices – Know Your Local, State and Federal Laws – presented by Margaret Bowitz of the Milwaukee Metro Fair Housing Council

October 2, 2010:    Fire and Building Codes – presented by Deputy Fire Chief Michael Payne and Department of Neighborhood Services Commissioner Art Dahlberg

All sessions are free of charge but ADVANCED REGISTRATION IS REQUIRED.  To register call (414) 286-2934 or email jhagne@milwaukee.gov

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Milwaukee County Eviction Court to Alter Court Times During Flu Season

Oct 23

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

A friend of mine who works in the courthouse sent me an email today which she asked that I pass along to my clients and friends in the rental industry.  Apparently in an attempt to reduce crowding during the flu season Milwaukee Co. Eviction Court has decided to have certain plaintiffs, based on the spellling of their last name or company name, to appear on intial appearances at 3 pm rather than 2 pm.
Below is the email info I received: 
 
TO ALL PLAINTIFFS in Small Claims eviction cases, effective 10/26/09
  
If you are a business whose name begins with A thru K or an individual whose last name begins with A thru K, your case will be scheduled in Room 400 at 2:00 p.m.
 
If you are a business whose name begins with L thru Z or an individual whose last name begins with L thru Z, your case will be scheduled in Room 400 at 3:00 p.m.

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Newly Revised 5-Day Notice To Pay Rent or Vacate Now Available at Wisconsin Legal Blank

Oct 8

Posted by Tristan R. Pettit, Esq. in Evictions, Notices of Breach, Rental Documents | 1 Comment

As many of you know I am the author of the set of Landlord-Tenant forms that are sold at Wisconsin Legal Blank Co., Inc.  I am currently in the process of reviewing and updating all of the L-T forms as well as creating a few new ones.  At this time however, I wanted to alert you that the revised 5-Day Notice to Pay Rent or Vacate is now available for sale at WLB.

Essentailly the revisions to the Notice include the following:

-  I have added language that states that the tenant will still be in default and subject to eviction if they make only a partial payment and/or make a full payment after the 5 day cure period has elapsed.  It is my hope that by adding this language it will better protect a landlord that accepts a partial payment or late payment from having their eviction lawsuit dismissed based on a legal theory called “waiver.”

          NOTE:  The best way to avoid a “waiver” arguement is to not accept any partial payment or any payment that is made after the 5 day period has elapsed.  Having said that, I am aware that it is very difficult for a landlord to turn away money that s/he is almost certain to never see again if the landlord is evicting a tenant.  So if you decide that you want to keep the partial or late payment then the next best option to avoid the tenant prevailing on a “waiver” argument is to place the payment in escrow  – do not cash the check!! — and send the tenant a letter — which I refer to as a “No Waiver” letter — which essentially says that the landlord has received the partial or late payment and that the money will be held in escrow until after the court has decided whether or not to grant the eviction.  The ‘No Waiver” letter should also state that the money will be appplied to any past due amounts owed after the eviction has been decided and that by holding the money in escrow the landlord is not waiving his/her right to continue with the eviction against the tenant and that it is the landlord’s intent to proceed with the eviction and have the tenant evicted.  The new language added that has been added to the revised 5-Day Notice now available at WLB has been added as a “safety net” should the landlord not follow one of the two options set forth above. Read the rest of this entry »

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Free Landlord-Tenant Law Seminar To Be Held On October 24, 2009

Sep 24

Posted by Tristan R. Pettit, Esq. in AASEW, City of Milwaukee, DNS, Evictions, Fair Housing / Discrimination, Protected Classes, Rental Agreements, Rental Documents, Screening Tenants, Seminars | No Comments

On Saturday October 24, 2009 from 9:30 am – 4:30 pm at the UWM Union Ballroom the UW-Milwaukee COAST and the City of Milwaukee Department of Neighborhood Services will be offering a free landlord-tenant law seminar to the public.  This seminar is NOT restricted to just landlords and tenants in the UW-M area.

On behalf of the AASEW, I will be presenting a portion of the seminar on the topics of causes for eviction, notices terminating tenancy and the eviction process.  Additional topics that will be covered include applicant screening, rental documents, management of rental properties, fair housing issues, DNS inspection process, and the role of law enforcement.

For more detailed information regarding who the presenters will be and how to register please refer to the attached flyer.

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DON’T MISS AASEW’S 10th ANNUAL LANDLORD TRADESHOW THIS WEDNESDAY (9-16-09)

Sep 14

Posted by Tristan R. Pettit, Esq. in AASEW, Collections, Evictions, Investing In Rental Property, Notices of Breach, Nuisance Properties, Tenant Damage | No Comments

The Apartment Association of Southeastern Wisconsin (AASEW) is hosting its 10th Annual Tradeshow this Wednesday, September 16, 2009, from 12 noon – 7 pm.  If you are a rental propertyowner, manager or investor you will not want to miss this FREE tradeshow

It will be held at Serb Hall which is located at 5101 W. Oklanhoma Avenue.

The admission is FREE.

Food and snacks will be offerred.

Many vendors that support the rental housing industry will be on hand to answer your questions, such as Wisconsin Legal Blank Co.,, Giertsen Company of Wisconsin, Inc., Oak Creek Plumbing, Inc. and many more. 

There will also be many seminars on topics such as:  the new lead paint renovation rules, causes for eviction and notices terminating tenancy, how to collect tenant debt, nuisance properties, execution of writs of assistance (eviction) by the Sheriff, and how to benefit from 1031 exchanges and more.  The seminars will be followed by a Town Hall Meeting (no, it won’t be about health care) in which 3 members of the industry will answer your questions.

For more information and details please go to www.LandlordTradeShow.com

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MILWAUKEE CO. SMALL CLAIMS COURT’S NEW POLICY REGARDING WHO MAY APPEAR IN COURT ON BEHALF OF A LLC WENT INTO EFFECT SEPTEMBER 1st.

Sep 2

Posted by Tristan R. Pettit, Esq. in Evictions, LLC's | No Comments

I was attending the regular monthly meeting of Milwauke RING (Real Estate Investors Networking Group) last night and during the “open mic” portion of the meeting I reminded everyone that Milwaukee County Small Claims Court’s new policy regarding who may appear in court (i.e. sign court documents and appear in court) went into effect yesterday, September 1, 2009.  As I was walking back to my seat two people asked me what that would mean.  After the meeting several landlords that own a large number of rental properties also approached me and said they had never heard of this new policy.

Because of this major change and the fact that many people either are not aware of it or do not understand the change I thought it would be prudent to explain what this new policy is before some unsuspecting landlord or management company ends up having their eviction lawsuit dismissed. Read the rest of this entry »

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