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Archive of: Legislation

Act 76 - Wisconsin's New Landlord-Tenant Law - Part 4: Who May File An Eviction and Who May Appear In Court

Posted by Tristan R. Pettit, Esq. in Legislation, Evictions, LLC's, Small Claims Court, Act 76 (SB 179) / Comments

Act 76 which will become effective on March 1, 2014 has changed Wisconsin law with regard to who may file an eviction action and who can appear in court to prosecute an eviction.Current law only allows the person or entity "entitled to the possession of the property" to file an eviction action.  Typically this would be the owner of the rental property.  As such, a management company or another third ...

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ACT 76 - Wisconsin's New Landlord-Tenant Law - Part 3: Speeding Up the Eviction Process

Posted by Tristan R. Pettit, Esq. in Legislation, Evictions, City of Milwaukee, City of Madison, Act 76 (SB 179) / Comments

Several of the provisions of Wisconsin's New Landlord-Tenant law, Act 76 (SB 179), were created or amended to speed up the eviction process.  Evictions are supposed to be summary proceedings and per the Wisconsin Supreme Court (Scalzo v. Anderson, 87 Wis. 2d 834 (1979)) there are very limited number of issues permissible in an evictions action.  Nonetheless, tenants were finding ways to delay the process.  Hopefully Act 76 will resolve much of ...

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ACT 76 - Wisconsin's New Landlord-Tenant Law - Part 2: Restrictions on Local Ordinances

Posted by Tristan R. Pettit, Esq. in Legislation, City of Milwaukee, Uncategorized, Residential Rental Inspection (RRI) Program / Mandatory Rental I, City of Madison, Act 76 (SB 179) / Comments

As I mentioned in Part 1, the soon to be new law contains new provisions as well as some corrective provisions (which will correct unintended consequences from last year's new law Act 143).  In this blog post I will talk about one of the new provisions of the law which will restrict a local municipality from creating and/or enforcing certain local ordinances.The new law will creates sec. 66.0104(2)(c) and (d), Wis. ...

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ACT 76 - Wisconsin's New Landlord-Tenant Law - Part 1: Background and Overview

Posted by Tristan R. Pettit, Esq. in Legislation, Act 143 (Landlord's Omnibus Law), Act 76 (SB 179) / Comments

Senate Bill 179, which is commonly referred to as the "Landlord-Tenant Law Bill," is on its way to becoming law in the near future.  For many of us it has been a long wait.After initially being introduced in the Wisconsin Senante on May 8, 2013, the Senante concurred to some changes made to SB 179 by the Assembly on October 16, 2013.  It is expected that Governor Walker will sign ...

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Why I Am So Excited About This Saturday's AASEW Landlord Boot Camp

Posted by Tristan R. Pettit, Esq. in AASEW, Legislation, Seminars, Act 143 (Landlord's Omnibus Law), Act 76 (SB 179) / Comments

I am really excited about this Saturday's AASEW Landlord Boot Camp.  Why you ask?  Well let me tell you.Just last week the Senate in Madison passed SB 179 which is a very large and sweeping revision to much of landlord-tenant law in Wisconsin.  This bill not only cleans up the unintended consequences of last years Act 143, it also makes some major changes such as: - Applies the new streamlined abandoned property law ...

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SB 179 ("Landlord-Tenant Bill") Is On It's Way To Governor Walker To Be Signed Into Law

Posted by Tristan R. Pettit, Esq. in AASEW, Legislation, Evictions, State of Wisconsin, Small Claims Court, Act 143 (Landlord's Omnibus Law) / Comments

At about 6:40 pm on October 16, 2013, SB 179 (commonly referred to as the Landlord-Tenant Bill) was concurred by the state Senate after a minor amendment was made in the state Assembly earlier.  The bill passed 18-15 despite attempts to delay the bill via a motion to non-concur.  The bill now goes to the Governor who has 30 days to "call" for the bill and sign it.If you would like to ...

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CCAP Is Under Attack Again

Posted by Tristan R. Pettit, Esq. in Legislation, Evictions, Screening Tenants, CCAP / Comments

When Senator Marlin Schneider lost re-election a few years ago, I thought that the attacks against Wisconsin's Consolidated Court Automation Programs (CCAP) would disappear.  Well they did -- for a while.  But Senator Lena Taylor along with Representatives Goyke, Sargent, Kessler, Hebl and Pope haven taken up the torch and are trying to prevent the public from accessing CCAP once again via Senate Bill 234/Assembly Bill 253.These two bills were ...

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Milwaukee's Amended Smoke Alarm Ordinance To Take Effect June 1, 2013.

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

On November 8, 2012, Milwaukee's Common Council passed a revised smoke alarm ordinance by a vote of 13 to 2.Effective June 1, 2013, all battery-operated smoke alarm must be powered by 10-year or more non-removable (sealed) batteries.  Compliance with this requirement must be met when replacing any current battery operated smoke alarm after June 1st next year or by October 1, 2017 -- whichever is sooner.  ...

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CCAP Committee's Recomendation To Change Wisconsin's Expungment Laws Shot Down

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

Last year Wisconsin’s Joint Legislative Council created a Special Committee On The Review of Records Access of Circuit Court Documents – what I affectionately referredto as the CCAP Committee.  Landlords were very fortunate that in the end the committee made no recommendations to change or alter information on CCAP or limit its access by landlords or any other group.  The committee’s sole recommendation was to call for the liberalization of ...

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"Landlord Preemption Bill" Signed Into Law

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

It is nice to finally see some landlord-friendly laws being passed in the state of Wisconsin.On December 7, 2011, Senate Bill 107 (commonly referred to as the “Landlord Preemption Bill”) was signed into law by Governor Scott Walker as 2011 Wisconsin Act 108.  This new law creates Section 66.0104 of the Wisconsin Statutes and prohibits municipalities from enacting an ordinance that places certain limits or requirements on a landlord.Specifically, section ...

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