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ATCP 134 Leases & Rental Agreements

My rental agreement is illegal – now what?

A thread from one of the rental property email list I subscribe to begins with a question regarding a lease that was invalidated due to a provision requiring the tenant to pay the landlord’s attorney contrary to  Wisconsin ATCP 134. Below is a follow up question:

So if the tenancy is disolved and i can not enforce the lease but shouldnt i be able to enforce the damages they did? otherwise this allows tenannts to be sneaky. not pay rent and damage and walk away better.

My response was as follows (cleaned up a bit from the original):

Categories
Leases & Rental Agreements

Military Personnel and Leases

A question posted to one of the email lists that I participate in:

I rented to a young Military gentleman. He says he is protected from fullfilling my lease if/when he is deployed to Afghanistan.

You must release him from the lease if the deployment will last 90 days or more per the Servicemember’s Civil Relief Act (SCRA)

See the link below starting at page 18:
http://www.standingupforillinois.org/pdf/homefront/SCRA.pdf

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Collections Cost Controls Crowdsourcing Evictions Leases & Rental Agreements Legislative Maintenance & Repairs Strategy Tenant Responsibilities

What do you need to succeed as a Landlord?

Fellow landlords

What services, tools, resource, supplies, innovations, changes in laws, grants, education, support from fellow owners etc. do you find lacking, unavailable, too expensive, too difficult to obtain, change etc.?

You get the idea…what do you see as the three, four or twenty things that would make your business more successful? Skies the limit. If it has to do with landlording or real estate investing throw it on the list.

Don’t worry if you think it is “doable” or not, Wild Ideas welcome and encouraged. But also don’t put off posting the more pedestrian needs and wants either.

You can leave comments, here or via private email to me at Tim [at] JustAlandord.com (makes sending the truly wild and innovative stuff easier for shy folks like me.)  I’ll compile the list for all to see.

Some will have readily available solutions that will be posted and shared, I’m sure.  Others are things our industry should be working on finding, changing, designing etc.

Some rather thought provocative comments below. Many of these were sent via email or posted on one of the list serves and reposted here as a central collection place. Please throw yours into the mix — Thanks Tim

Categories
5-Day Notice ATCP 134 CCAP Collections EPA Renovator Rule Evictions Fair Housing Leases & Rental Agreements Section 8 Security Deposit Tenant Responsibilities Tenant Screening Utilities

Landlord Boot Camp – Sat. Feb 27, 2010

Attorney Tristan Pettit is presenting the Landlord Boot Camp again this February.  Prior Boot Camps were very well received, with positive feed back from all that attended

Categories
ATCP 134 Leases & Rental Agreements

My rental agreement is void & I owe THEIR attorney’s fees?

So you’re telling me if there is one thing in a Wisconsin lease/rental agreement that violates the rules in ATCP 134.08 that I cannot enforce any of the agreement?

Yes, under Baierl v McTaggart the entire lease is invalid as far as the landlord’s enforcement. But it is worse than that. The Court ruled subsequent to Baierl in Dawson v. Goldammer that the tenant can enforce the parts they like.