Tristan’s Landlord-Tenant Law Blog
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Tristan’s Landlord-Tenant Law Blog
Archive of: Tenant Damage
You Will Not Want To Miss AASEW's Fourth Annual Landlord Boot Camp on Saturday Feb. 25th
Posted by Tristan R. Pettit, Esq. in Tenant Damage, Credit Checks, AASEW, Lead-Based Paint, Fair Housing / Discrimination, Protected Classes, Evictions, Late Fees, Notices, Collections, Emergency Assistance, City of Milwaukee, Screening Tenants, Rental Agreements, Rental Documents, Seminars, Pets, Security Deposit, Milwaukee County, Property Management, Mitigation of Damages / Re-Renting, Untenantability, Execution of Writ, State of Wisconsin, Self-Help Evictions, Right of Entry, Reasonable Modifications, Reasonable Accommodations, Rejecting Rental Applicants, Walkthroughs, De Novo Hearings, Earnest Money, Landlord Liability, Small Claims Court, Holdover Damages, Roommates, Smoke Detectors / 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 ...
Read MoreLandlords May Want To Pursue Tenants for Holdover Damages As Well As Other Damages
Posted by Tristan R. Pettit, Esq. in Tenant Damage, Collections, Holdover Damages / Comments
After a landlord has had her rental property returned through an eviction action or the tenant vacating of their own accord, a landlord has the option of pursuing the ex-tenant for money damages. I have explained in previous posts, that a typical eviction lawsuit includes three causes of actions against the tenant. First, return of the rental property ("eviction"). Second, a claim for past due rent and other fees allowed under the ...
Read MoreSmall Claims Jurisdictional Limit Increased To $10,000
Posted by Tristan R. Pettit, Esq. in Tenant Damage, Legislation, Evictions, Small Claims Court / Comments
Wisconsin's small claims jurisdictional limit was increased from $5,000 to $10,000 effective July 1, 2011. This increase was included in Governor Walker's 2011-2013 Budget Bill.The jurisidictional limit for small claims in Wisconsin was set at $5,000 back in 1995 and has remained the same for 16 years.I see this as a positive change for debt collectors and potentially landlords. All eviction actions -- regardless of the amount of rent owed -- ...
Read MoreMust A Landlord Actually Repair Tenant-Caused Damage Before The Landlord Can Deduct The Cost From A Tenant's Security Deposit?
Posted by Tristan R. Pettit, Esq. in Tenant Damage, Security Deposit / Comments
This issue keeps raising its head over and over and over . . . so I feel compelled to address it. The question: Must a landlord have completed the repair of tenant-caused damages to a rental unit before being legally able to deduct the repair costs from the tenant's security deposit?I personally believe the answer to that question is "No" -- the repair work does not need to be completed prior to a landlord being able ...
Read MorePursuing a Money Judgement Against An Ex-Tenant . . . Should You Even Bother?
Posted by admin in Tenant Damage, Collections / Comments
Once you have evicted a tenant and have your property returned to you, you are confronted with the decision of whether to invest the time and money to pursue the ex-tenant for money damages or not.Some of my landlord clients always pursue the ex-tenant for money judgments. Of that segment of landlords, some will obtain their ...
Read MoreA De Novo Hearing Is A "Second Kick at the Cat"
Posted by admin in Tenant Damage, De Novo Hearings / Comments
Under Wisconsin law, a Court Commissioner cannot decide a contested eviction action -- that must be decided by a judge. However a court commissioner can preside over and decide a hearing on a landlord's 2nd and 3rd causes for action for money damages. Typically this includes claims for past due rent, physical damages to the rental property or holdover damages.In Milwaukee County, due to ...
Read MoreTo "Walkthrough" or Not To "Walkthrough" That Is The Question
Posted by Tristan R. Pettit, Esq. in Tenant Damage, Walkthroughs / Comments
At the end of a tenancy a tenant or a landlord often requests a walkthrough of the rental unit prior to turning in the keys and delivering possession of the unit back to the landlord. A walkthrough is just that --- the tenant and the landlord walk through the rental unit and make observations of the condition of the unit. It is at this time that a landlord may point ...
Read MoreWisconsin Supreme Court Rules Against Landlord in Maryland Arms Case and Chooses To Avoid Answering The Bigger Question
Posted by Tristan R. Pettit, Esq. in Caselaw, Tenant Damage, Rental Agreements / Comments
The Wisconsin Supreme Court filed its opinion in this very important case on July 7, 2010. While the majority opinion ruled against the landlord it did not go so far as to say that a landlord and tenant could not allocate liability for damage (when neither party was negligent in causing the damage) in their rental agreement. If you would like to review the specific facts of the case and the ...
Read MoreWhat Is The Life Expectancy of the Carpet (or Refrigerator or Stove or Hardwood Flooring) In My Rental Unit?
Posted by Tristan R. Pettit, Esq. in Tenant Damage, Collections / Comments
Those of you that have appeared in eviction court in an attempt to obtain a money judgment against a tenant that has damaged your rental unit know that oftentimes the court will not allow you to recover the total cost to replace the damaged item. Even when the court agrees that the tenant caused the damage there will be times when a landlord cannot obtain the full replacement value.Often when this occurs it ...
Read MoreLandlords Should Not Play Games With Tenants' Security Deposits
Posted by Tristan R. Pettit, Esq. in Caselaw, Tenant Damage, ATCP 134, Security Deposit / Comments
A new landlord-tenant decision has been reccomended for publication. The case of Boelter v. Tschantz involves a tenant suing her past landlord for double damages and attorney’s fees for making improper deductions from her security deposit. The essential facts are as follows:1. Tschantz (the landlord) withheld money from the tenant's security deposit.2. The key deductions that were made were: (1) $323.84 for the tenant's water bill and (2) $85 to repair ...
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