Landlord Boot Camp – Sat. Feb 27, 2010

Tim Ballering — Sat, 09 Jan 2010 17:33:45 +0000

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

Here is Tristan’s letter describing the event.

Hi Everyone:

I have finally left behind the ”snail mail” letters announcing upcoming seminars that I am presenting and have now moved into the correct century and am using an email distribution list.

I will be presenting an all-day seminar on residential Landlord Tenant law in Wisconsin for the Apartment Association of Southeastern Wisconsin, Inc. (AASEW). The seminar is entitled “Landlord Boot Camp” and will take place on Saturday, February 27, 2010 from approx. 8:30 am – 5 pm at the Clarion Hotel located at 5311 S. Howell Avenue in Milwaukee.

The cost will be $159 for AASEW members and $249 for non-members. You will receive a 100 page plus manual including lots of landlord tenant law forms. I have given a similar seminar to lawyers, landlords and property managers over 25 times during the past few years and the organizations that have sponsored these seminars typically charge between $300-$400. This is your opportunity to learn all of the same information at a much discounted price.

I will cover pretty much anything and everything that you need to know about residential Landlord Tenant law in Wisconsin, including:

How to properly screen prospective tenants

How to draft written screening criteria to assist you in the selection process

How to comply with both federal and state Fair Housing laws including how to comply with “reasonable

modifications” and “reasonable accomodations” requests.

How to legally reject an applicant

- What rental documents you should be using and why

When you should be using a 5-day notice versus a 14-day notice, 28-day notice, or 30-day notice and how to properly serve the notice on your tenant

Everything you wanted to know (and probably even more than you wanted to know) about the Residential Rental Practices (ATCP 134) and how to avoid having to pay double damages to your tenant for breaching ATCP 134

When you are legally allowed to enter your tenant’s apartment

How to properly draft an eviction summons and complaint

What to do to keep the commissioner from dismissing your eviction suit

What you can legally deduct from a security deposit

How to properly complete a security deposit transmittal / 21 day letter

How to handle pet damage

What to do with a tenant’s abandoned property and how this may affect whether or not you file an eviction suit

-How to pursue your ex-tenant for damages to your rental property and past due rent (and whether it is even worth it to do so)

. . . and much more.

For further information and to register to attend the seminar please contact Paulette (the AASEW’s Membership Director) at 414-276-7378 or paulette@apartmentassoc.org

Thanks and I hope to see you there. Seating is limited to the first 30 people!!!!

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Counting to 21: Security Deposit Refunds

Tim Ballering — Wed, 04 Nov 2009 23:56:26 +0000

Wisconsin Code ATCP 134 requires an owner to return a security deposit within 21 days of surrender of the premises. This seams easy if the tenant gives proper notice and moves out when they should. But what if they don’t?

For example the tenancy technically expires on the 30th. But the renter moves out on the 23rd and hands over the keys and a note saying they are out. Which day do I start counting? The 23rd or the 1st?

ATCP 134.06(2)(b) says ‘If they gave you written notice they were out on the 23rd, then the 23rd. Otherwise the 30th.” Well it doesn’t say that exactly, but it means that. See the actual code below.

Now let’s say the tenant “holds over” until the 5th. The 21 days begin on the 5th, plus the tenant owes you the greater of double rent or actual losses incurred because they failed to vacate on time. See Wisconsin statutes §704.27 below So they would owe 10 days rent at a minimum, but it could be more. Let’s say you had the unit rented for the 1st and you had to refund the new tenant’s money because of the holdover. Then they could owe you a month’s rent (Now, read and reread the disclaimer at the bottom)

If you had to evict them then the 21 day clock starts on the day the Sheriff removes them or the day you found it vacant.

Hey, they never gave me the key so the 21 day period never starts!

Sorry, it doesn’t work that way. The 21 days begin at the end of the rental period. If they moved without notice that date is the date that the tenancy would have terminated if the tenant had given you proper notice on the day you found the unit vacant. See §704.19 (6) below.

ATCP 134.06(2) (a) Within 21 days after a tenant surrenders the rental premises, the landlord shall deliver or mail to the tenant the full amount of any security deposit held by the landlord, less any amounts properly withheld by the landlord under sub. (3).

(b) A tenant surrenders the premises under par. (a) on the last day of tenancy provided under the rental agreement, except that:

1. If the tenant vacates before the last day of tenancy provided under the rental agreement, and gives the landlord written notice that the tenant has vacated, surrender occurs when the landlord receives the written notice that the tenant has vacated. If the tenant mails the notice to the landlord, the landlord is deemed to receive the notice on the second day after mailing.

2. If the tenant vacates the premises after the last day of tenancy provided under the rental agreement, surrender occurs when the landlord learns that the tenant has vacated.

3. If the tenant is evicted, surrender occurs when a writ of restitution is executed, or the landlord learns that the tenant has vacated, whichever occurs first.

704.27 Damages for failure of tenant to vacate at end of lease or after notice. If a tenant remains in possession without consent of the tenant’s landlord after expiration of a lease or termination of a tenancy by notice given by either the landlord or the tenant, or after termination by valid agreement of the parties, the landlord may recover from the tenant damages suffered by the landlord because of the failure of the tenant to vacate within the time required. In absence of proof of greater damages, the landlord may recover as minimum damages twice the rental value apportioned on a daily basis for the time the tenant remains in possession. As used in this section, rental value means the amount for which the premises might reasonably have been rented, but not less than the amount actually paid or payable by the tenant for the prior rental period, and includes the money equivalent of any obligations undertaken by the tenant as part of the rental agreement, such as payment of taxes, insurance and repairs.

This section requires a minimum award of double rent when greater damages have not been proved. Vincenti v. Stewart, 107 Wis. 2d 651, 321 N.W.2d 340 (Ct. App. 1982).

704.19(6) Tenant moving out without notice. If any periodic tenant vacates the premises without notice to the landlord and fails to pay rent when due for any period, such tenancy is terminated as of the first date on which it would have terminated had the landlord been given proper notice on the day the landlord learns of the removal.

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Just A Landlord » Security Deposit

Landlord Boot Camp – Sat. Feb 27, 2010

Counting to 21: Security Deposit Refunds