Jun 17

I had seen this years ago and then forgot about it until I ran into it this morning while searching for something.

A real wealth of info, of course much of it slanted towards tenants rights. Some of it is outdated, such as the eviction notice grid does not contain 5 Day Breach for Month to Month.

We should work to get eviction prevention (very different than eviction defense) as part of this, as well as more tenant responsibility focused pieces.

Eviction prevention is providing the resources and tools necessary for tenants to succeed. When tenants fail, landlords suffer or fail.

http://wilawlibrary.gov/topics/landlord.php

 

Jan 13

The Spring 2019 Apartment Association Landlord Tenant Law Boot Camp is February 9th, 2019. (Less than a month away.)

Even though I know the law well, we’ve sent our staff.  It is good for them to hear the rules from someone else.  Plus if they learn one new thing, it more than pays the modest cost.

Tristan knows the latest law, but that’s the easy part.  He also is one of the most prolific landlord tenant attorneys in Southeastern WI.  That gives him great insights into how the courts are ruling today and what the most recent “Gotcha’s” are.

At $179 for members, it is far cheaper than learning from your mistakes.  Not only does it help prevent costly errors, you also will learn how to screen better and other things that will result in profitability.

AASEW Landlord Boot Camp 2019

WHEN: Saturday, February 9, 2019

WHERE: Four Points Sheraton 5311 S. Howell Avenue, Milwaukee, Wisconsin, 53207 (Across from the airport)

Registration opens at 7:10 AM

The seminar runs from 8:30 to 5 PM with a 30 minute break for a complimentary lunch. There will be a one hour question and answer session afterwards, ending promptly at 6 pm. Many will find the Q&A invaluable, therefore you may wish to arrangements to stay until 6 pm.

Updated to include information from Wisconsin ACT 317!

INCLUDED: 100 plus page manual to help you put what you learn into practice.

 

More info and sign up at LandlordBootCamp2019.com

Sep 27

Attorney Tristan Pettit, you know, the guy that writes the standard legal forms for Wisconsin Legal Blank, is doing his landlord-tenant Boot Camp again on Saturday, October 7th. There are still a few seats left.

You get a full day of landlord-tenant law training for the price you’ll spend for 30 minutes of attorney time after you make a mistake in this complex area of law,

All the details are at:
http://www.landlordbootcamp2017.com

But the proof of value is I send my staff to Tristan’s Boot Camps.  Even though I know the laws, it is of great value to have staff learn what they need to be concerned about in a different setting than the office.

Feb 09

For the past couple of years, we have sold out both the spring and fall sessions of Attorney Tristan Pettit’s AASEW Landlord Tenant Law Boot Camp.

It looks like we are on track to do the same for the upcoming February 18th, 2017 Boot Camp.

Last fall I waited too long to sign up my new staff members and could not get them in. I signed up three staff people very early for this one. 😉

You may ask ‘Why would Tim pay $537 plus wages to send three people to Boot Camp when he knows the laws so well?’

The answer is easy: One small mistake or missed opportunity will cost us far more than this. It is important that my folks know the law as WI landlord Tenant Law is not always what a reasonable person would assume it to be. And this is ever evolving, with both new laws, new interpretations by courts and new tricks by tenant advocates*. This is not the first time we’ve sent staff either.

This course is presented by Attorney Tristan Pettit. Tristan’s law practice focuses on landlord-tenant law, he is a current board member of the Apartment Association as well as former president, and drumroll please, he writes all the standard landlord tenant forms for Wisconsin Legal Blank.

If you want to go, now that my seats are secure ;-), you can sign up online or call Joy at the Association 414-276-7378 and reserve a spot.

http://www.landlordbootcamp2017.com

* Most “tenant advocates” only advocate for tenants that break the rules. This ultimately costs the rest of the good tenants more in increased rents and decreased service or more noise and disruption… but this is another story for another day.

Sep 08

A five day notice for payment is a “pay or quit” or right to cure. If the tenant presents the full amount within the five day period the notice is void.  Remember if you serve via certified mail, you must add two days.

The law changed with 2013 ACT 76, effective in March 2014.

799.40 (1m) Acceptance of rent or other payment. If a landlord commences an action under this section against a tenant whose tenancy has been terminated for failure to pay rent or for any other reason, the action under this section may not be dismissed solely because the landlord accepts past due rent or any other payment from the tenant after the termination of the tenant’s tenancy serving notice of default or after commencing the action.

If the tenant pays a portion but not all the rent due, the notice is probably valid.  The tricky part here is if you the tenant felt that you agreed to waive the notice if they made the partial payment.  This turns into ‘he said, she said’  To avoid that issue we have the following at the bottom of our notice:

“Non Waiver: If you make a  payment  of less than the $xxx.xx required by this notice, you will still be in default and SUBJECT TO EVICTION  unless the Owner agrees in writing to cancel this notice.”

Our system also prints the following on receipts of tenants with active five days:

“Non-waiver: This partial payment will be applied to past due rent owed and that by accepting same owner is not waiving his right  to proceed with an eviction based on the 5-Day notice dated xx/xx/xxxx unless tenant enters into a written payment agreement for the balance and owner agrees in writing to vacate the notice.”

Just because you CAN do something doesn’t mean you SHOULD.  Don’t be a jerk about it.  If the tenant owes, let’s say $900, and pays, let’s say $820, with a promise to pay the balance with next month’s rent and you quietly accept the money and then file the eviction that would meet my definition and probably the Court Commissioner’s definition of being a jerk.  Court Commissioners can find some pretty creative ways around jerks. 😉  However in the same scenario the tenant gives you $200 and promises to be back on Friday to pay the balance on Friday and fails to, then by all means evict.

Finally the reader asked about payment in full of rent and late fees.   The law does not currently permit late fees on five day notices for month to month tenants and inclusion of those on a five day will cause the eviction to fail in some counties.  The Apartment Association is working to change this law in the current session.


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