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Archive of: Landlord

Landlord Sues the Dish Network For The Costs To Remove Satellite Dishes from His Rental Property -- and Wins

Posted by Tristan R. Pettit, Esq. in Satellite Dishes / Comments

Most landlords have at one time been frustrated by a tenant who contacts a satellite television provider to install a satellite dish on the roof of a rental property without first obtaining the landlord's permission.  In fact this unfortunately happens quite often.The tenant ignores the lease provision which states that they can make no modifications to the unit, the building or grounds without the ...

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Two Pro-Landlord Bills Are Proposed

Posted by Tristan R. Pettit, Esq. in Legislation / Comments

Two new bills have been proposed in Madison and both of them are pro-landlord.Landlord Pre-Emption BillRep. Robin Voss has proposed what is being referred to as the Landlord Pre-Emption Bill (LRB 1296/3).  This bill prohibits any municipality from enacting an ordinance that does any of the following to a residential landlord:1.  Prohibits or limits a landlord from obtaining or using various types of information about a tenant or ...

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Rejecting A Rental Applicant: The Do's and Dont's

Posted by Tristan R. Pettit, Esq. in Screening Tenants, Fair Credit Reporting Act, Rejecting Rental Applicants / Comments

Let's face it, most landlords would prefer to never have to reject a rental applicant.  It would be great if every application that we received from a potential tenant passed muster -- great credit, no prior evictions, awesome job history etc. etc.  Unfortunately, most of the time that is not the case.  Depending on how tough your screening criteria is, some of you may be rejecting a lot of applicants.  It ...

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Landlords Should Periodically Inspect Their Rental Property . . . or Risk $98,465 In Damage

Posted by Tristan R. Pettit, Esq. in ATCP 134, State of Wisconsin, Right of Entry / Comments

Last night I read an article about a Virginia landlord that had $98,465 in damage to one of his rental units.  Apparently his tenant was a compulsive hoarder and every room in the home was full from floor to ceiling with trash, soiled clothing, old newspaper, rotten food, and other deberis and excrement.  It cost the landlord over $98,000 to get the unit back into rentable condition.  The landlord's ...

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AASEW Landlord Tradeshow - This Wednesday - Sept. 22nd

Posted by Tristan R. Pettit, Esq. in AASEW, Seminars / Comments

Annual Landlord Tradeshow!   Bring 2 non perishable food items that we will donate to the Hunger Task Force for free admission, free seminars, free entrance to the exhibit hall, a chance to win some great raffle prizes and free appetizers  September 22nd, 2010Serb Hall, 5101 W. Oklahoma Avenue, Milwaukee Seminars 12:00 p.m.-6:00 p.m. (doors will open at 11:40 p.m. for first ...

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What Is The Effect On The Eviction Process If A Tenant Files Bankruptcy?

Posted by Tristan R. Pettit, Esq. in Evictions, Bankruptcy / Comments

I have had a number of people ask me over the last several months to address what effect a tenant filing bankruptcy has on the eviction of that tenant.  I have been delaying writing that blog post and I apologize for that.  Bankruptcy is a tricky area of the law, and I am by no means an expert in bankruptcy law, but I will attempt to provide you with a general summary ...

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EXECUTION OF WRIT: Part 2 - The Details

Posted by Tristan R. Pettit, Esq. in Evictions, Milwaukee County, Execution of Writ / Comments

Last week I provided some basic information about what is involved in the execution of a writ of restitution (eviction) and how the process works.  With this week's post I wanted to provide everyone with some additional -- more detailed -- information about the execution process.  I attempted to group these tidbits of info by category.  Much of the information below is specific to Milwaukee County and the Milwaukee County ...

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What Is This Mitigation of Damages Requirement That I Keep Hearing About?

Posted by Tristan R. Pettit, Esq. in Mitigation of Damages / Re-Renting / Comments

Whether a tenant breaches his or her lease and is evicted, leaves after receiving the 5 day or 14 day notice, or skips out in the middle of the night with months remaining on the lease, a landlord has the responsibility to make reasonable efforts to mitigate the tenant's damage under Wisconsin law.Put quite simply - a landlord cannot just sit back and do nothing and expect to collect rent from the ...

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CITY'S MOTION TO DISMISS LANDLORDS' LAWSUIT DENIED BY THE COURT - LAWSUIT CONTINUES

Posted by Tristan R. Pettit, Esq. in City of Milwaukee, Residential Rental Inspection (RRI) Program / Mandatory Rental I / Comments

On May 21, 2010, Judge Timothy Wotkowiak, denied the City of Milwaukee's motion to dismiss the lawsuit filed by three Milwaukee landlords who sued the city as a result of its newly enacted ordinance requiring mandatory rental inspections of rental housing in two areas of the city.For background information on the ordinance that went into effect on January 1, 2010, please read my November 24, 2009 post.  For background information on the ...

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SECURITY DEPOSIT TRANSMITTAL LETTERS: How To Draft A Legal 21-Day Letter

Posted by Tristan R. Pettit, Esq. in ATCP 134, Security Deposit / Comments

Security deposit withholding issues are the second most litigated area in landlord tenant law after evictions.  If a landlord makes improper deduction from a tenant’s security deposit, pursuant to ATCP 134 and §100.20, Wis. Stats., the tenant may sue the landlord for double damages and attorney’s fees.  There are numerous published Court of Appeals decisions in Wisconsin dealing with this exact issue.  I would like to offer a ...

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