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Drafted by Atty. Jennifer M. Hayden of Petrie + Pettit S.C. As you may be aware, Milwaukee County Local Rule 3.85 requires that if the tenant did not sign the Stipulation in person in front of the court, or where the tenant made the first three payments due under the Stipulation and then defaulted, the Landlord must provide the tenant with notice before the court will issue a writ of restitution. Pre-Covid-19, Landlords would send…
Blog post written by Atty. Jennifer M. Hayden of Petrie + Pettit S.C. In State v. Troy R. Lasecki, the Court of Appeals upheld the ability of the District Attorney’s office to charge a Landlord with a misdemeanor for unfair trade practices for the failure to return or account for a tenant’s security deposit as required by law.  In response to arguments that a Landlord doesn’t have notice he or she could face criminal…
Atty. Jennifer Hayden and I presented a webinar for the Wisconsin Realtor’s Association (WRA) yesterday, May 28, 202, entitled “Wisconsin’s Eviction Moratorium is Over. Now What?”  In the webinar Jen and I provide an update on the following: Wisconsin rental Assistance Program (WRAP) DATCP’s emergency order on charging late fees and penalties The CARES Act Best Practices that Landlord and property managers may want to consider implementing Eviction Court Challenges If you are…
Trying to keep track and make sense of the numerous state, county, and municipal orders not to mention the federal laws related to Coivd-19 is difficult at best. So, I thought I would put together this update so that everyone is on the same page.1 Governor Evers’ Emergency Order # 15 – Temporary Ban on Notices, Evictions and the filing of Writs – ends on Tuesday, May 26, 2020. To be safe I am encouraging…
By Attorney Jennifer Hayden of Petrie + Pettit S.C. The Division of Energy, Housing, and Community Resources has partnered with the Wisconsin Community Action Program Association to provide “direct assistance” for struggling Wisconsin tenants by way of 25 million dollars allocated to agencies across the state. Tenants who meet certain income and need eligibility can apply for the funds through the Wisconsin Community Action Program Association which will then issue payment directly to the Landlord…
Written by Attorney Jennifer Hayden of Petrie + Pettit The Wisconsin Supreme Court struck down Governor Evers’ Stay-At-Home Order, so I can send notices terminating tenancy and file evictions, right? Ahhh, no. The Wisconsin Supreme Court’s decision is narrowly tailored to state that it is finding Emergency Order 28 to be unenforceable and focused much of its ire on “the assertion of power by one unelected official, Andrea Palm.” Conversely, it is Governor Evers’ Emergency…
I hope that everyone is staying healthy, safe and sane.   Attorney Jennifer Hayden (also of Petrie + Pettit) and I presented a 1 hour webinar for the Apartment Association of Southeastern Wisconsin (AASEW) on April 29, 2020 entitled “Landlording In The Time of Coronavirus.”  In the webinar, Jen and I spoke about the various Emergency Orders and Laws that impact Landlords, some “best practices” related to issues caused by the Cornavirus/COVID-19, and what…
On, April 25, 2020, with little publicity, the Department of Agriculture, Trade and Consumer Protection (DATCP) published a temporary emergency rule (20-R-02) modifying Wis. Admin Code ch ATCP 134 (“Residential Rental Practices”) creating a temporary prohibition on the charging of late fees or late rent penalties for any missed rent payments during the COVID-19 health emergency and during the 90 days following the health care emergency or until August 27, 2020 unless the public health…
The following is a guest post written by Atty. Jennifer Hayden of Petrie + Pettit S.C.  We’ve previously discussed the impact of the recent extension of the Stay at Home Order by Governor Evers.  However, under Section 4024 of the CARES Act, Landlords who have residential tenants in a “covered dwelling” that participates in a “covered housing program” (as defined in section 41411(a) of the Violence Against Women Act of 1994 or the rural housing…
I know that everyone is anxious to learn when and how Milwaukee County will be proceeding with evictions in the future.  I have attended several virtual Small Claims Bench/Bar Committee Meetings, which include attorneys representing both landlords and tenants as well as Milwaukee County Judges and Court Commissioners, and those issues are being discussed. Please understand that the courts do not have all of the answers at this point.  This is a work in process. …