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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…
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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. …
My office has received a lot of questions about Governor Evers’ Emergency Order regarding a temporary ban on evictions and foreclosures in the last few days. There appears to be a lot of misunderstanding or confusion over the Order so I will attempt to clarify the Order and answer many of the questions that I have received. First off, it is important to keep in mind that all we know for certain is what the…
Governor Evers issued an Order today prohibiting notices terminating tenancy, eviction actions and the filing of writs unless based on the imminent threat of serious physical harm to another person for the next sixty (60) days. In relevant part, the Order states as follows: 1. Landlords are prohibited from serving any notice terminating a tenancy for failure to pay rent. 2. Landlords are prohibited from serving any notice terminating a tenancy unless the…
Things continue to be very fluid when it comes to eviction court and what the various counties are doing, or not doing, in lieu of the COVID-19 pandemic and the Governor’s Safer at Home Order. As you are aware from my earlier posts, Milwaukee County courts suspended in=person court proceedings through April 3, 2020 as a pandemic precaution. On March 22, 2020, the Wisconsin Supreme Court issued two Administrative Orders, one which postponed all civil …
This is a guest post from Atty. Jennifer Hayden of Petrie + Pettit S.C. As many of you know, the City of Milwaukee Commissioner of Health issued a “Stay at Home” Order effective at 12:01 a.m. on March 25, 2020.  There is no specified end date or time.  Except for the specific exceptions listed, all individuals currently living within the City of Milwaukee are ordered to stay at home or at their place of residence. …
This is a guest post from Atty. Jennifer Hayden of Petrie + Pettit S.C. As many of you know, the City of Milwaukee Commissioner of Health issued a “Stay at Home” Order effective at 12:01 a.m. on March 25, 2020.  There is no specified end date or time.  Except for the specific exceptions listed, all individuals currently living within the City of Milwaukee are ordered to stay at home or at their place of residence. …