WSLL @ Your Service December 2023
Contents
Eviction FAQs – Michael Keane
Can I be evicted during the winter months?
While there are federal and state laws requiring a moratorium on the suspension of heat or other utilities during the winter, there is no law prohibiting the start of an eviction action or the removal of a tenant following a judgment of eviction at any time of the year. The state has prohibited local eviction moratoriums under Wisconsin Statute 66.1010.
The landlord sold the home where I live, and, even though we have a lease, the new owner wants to force us out and move a relative into our unit. Can they do this?
The Wisconsin Department of Agriculture Trade and Consumer Protection (DATCP) Landlord Tenant Guide says, “When a rental unit changes owners in the middle of a lease, the new owner must observe all terms of the existing lease.” (Wisconsin Statutes 704.09)
Can my landlord evict me during my lease?
Generally, the landlord must prove that the tenant is in violation of the terms of the lease. Wisconsin Statutes 704.05(2) Wisconsin Statutes gives the tenant exclusive possession of the premises “so long as the tenant is not in default.” The DATCP’s Landlord Tenant Guide summarizes reasons for starting an eviction proceeding.
I own an apartment block, and one of my newer tenants is apparently engaged in illegal activities. What can I do? The tenant has eight months left on the lease.
Wisconsin Statute 704.17(3m) allows for the commencement of eviction with notice, in the event of criminal activity that “threatens the health and safety of, or right to peaceful enjoyment of the premises by, other tenants” or for “drug-related criminal activity on or near the premises.”
Wisconsin Statute 704.16 permits a landlord to terminate tenancy if another tenant has taken out a restraining order against the tenant, or the tenant has engaged in threatening behavior or made threats against another tenant, or been charged with certain criminal activity.
Learn more about these two statutes in the DATCP’s Landlord Tenant Guide.
What notice must precede the commencement of an eviction?
An eviction must be preceded by notice of termination of tenancy. A table produced by the Milwaukee Justice Center summarizes notice requirements for different types of tenancies.
Photo credit: nd700 - stock.adobe.com.
After Hours service in 2024
It's time to renew your After Hours Service for 2024! The Wisconsin State Law Library offers After Hours access to the David T. Prosser Jr. State Law Library to any attorney licensed to practice in this state.
After Hours Service includes the hours of 7:00 to 8:30 a.m. and 4:30 to 10:00 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m. Saturday and Sunday, including holidays. Subscribers have access to the library's print and microform materials, public access computer stations and Wi-Fi. Subscribers may make photocopies, use the public scanner to email documents, and check out library materials after hours.
After Hours Service is offered on a calendar year subscription basis. Each attorney must maintain their own individual subscription. Current subscribers may renew (with an existing key fob) for $100 or sign up for new access for $108.
Renew or subscribe online, or complete an After Hours Service first-time subscription or renewal application form and mail it with a check or money order payable to Wisconsin State Law Library, to:
After Hours Service
Wisconsin State Law Library
P.O. Box 7881
Madison, WI 53707-7881
For more information, contact Jaden Henneman at 608-261-7553 or at Jaden.Henneman@wicourts.gov.
New Books - Kari Zelinka
New Edition! Wisconsin Landlord & Tenant Manual, 2nd edition, 2023
Call Number: KFW 2517 .W57 2023
Landlords, tenants, and attorneys can benefit from the updated edition of Wisconsin Landlord & Tenant Manual. The book begins with screening tenants and walks readers all the way through the eviction process and how to collect damages. There are many sample forms, court forms, and guides available in the appendix. If you have questions about roommate agreements, bedbugs, repairs, property left behind, security deposits, non-payment of rent, or an array of other topics, check out this book today!
Chapters include:
- Screening and qualifying prospective tenants
- Rental documents
- Earnest money and security deposits
- Repairs and maintenance of rental premises
- Eviction
- Collections
- Manufactured home community rentals
New Edition! Consultant & Independent Contractor Agreements, 11th edition, by Stephen Fishman, 2023
Call Number: KF 898 .F567 2023
If you are an independent contractor, hiring one, or representing one, the 11th edition of Consultant & Independent Contractor Agreements provides a wide variety of sample agreements that you may find useful. They range from agreements for household services, salespeople, accountants and bookkeepers, software consultants, construction contractors, social media consultants, and gig workers - to name a few. Each chapter takes into consideration IRS requirements, intellectual property rights, and protecting your confidential business information.
Chapters include:
- Hiring consultants and independent contractors
- Working as a consultant or independent contractors
- Enforcing consultant and independent contractor agreements
- General independent contractor agreements
- Consultant agreements
New books
See our latest New Titles list for a list of new books and other resources. For assistance in accessing these or other resources, please contact our Reference Desk.
Tech Tip – Heidi Yelk
Bookmark "tricks" for Firefox and Chrome
If you do a lot of research on the Internet, you may have an unruly collection of bookmarks in your web browser. Here are a few ways to tame the problem.
Search bookmarks
In Firefox, users can easily search bookmarks from the browser address bar with a quick command. Type an asterisk and then a keyword to search bookmarks, such as *legis The search will find legis in the URL or title of the page/bookmark. Alternatively, access the "hamburger menu" in the upper right, choose Bookmarks and then Search Bookmarks.
In Chrome, access Bookmarks by clicking on the menu in the upper right of the browser (three vertical dots, a.k.a. vertical ellipsis) and then choose Bookmark Manager. All your bookmarks will be listed and a search box will appear at the top of the page allowing you to search your bookmarks.
Organize bookmarks
In Chrome, open Bookmark Manger (the shortcut is Ctrl+Shift+O). You should see a folder menu on the left and bookmarks in the center. Drag and drop bookmarks into folders on the left. Or, create new folders using the vertical ellipses menu to the right of the Bookmark Search box.
In Firefox, open the Bookmarks using the hamburger menu and then choose Manage Bookmarks (or use Ctrl+Shift+O). Drag and drop bookmarks to folders. Use "organize" from the menu to add new folders to further organize your list of bookmarks.
Library news – Carol Hassler
Open house
Plan a breather in your busy schedule and head to our open house on Wednesday, December 13! Enjoy savory and sweet refreshments in our beautiful reading room. Back by popular demand, we will have card and party games, like Jenga and Bags, on hand to pass the time and break the ice.
Wednesday December 13
3:00 – 4:30 PM
Reading Room
David T. Prosser Jr. State Law Library
120 Martin Luther King Jr. Blvd
December/January state holidays
All three libraries will be closed on Monday, December 25, 2023 and Monday, January 1, 2024 for designated state holidays. While we are closed, please send questions to wsll.ref@wicourts.gov or leave a voicemail at 608-267-9696. We will get back to you when we reopen.
New Library Associate
Milwaukee County Law Library welcomed a new library associate, Holly Muskat, in November. Holly is a recent graduate of UWM and will begin her MLIS in the spring. Holly has experience as a library research intern at the Emile H. Mathis Art Gallery, a library technician at Raynor Memorial, and a law library assistant at Marquette University. Holly has exceptional customer service skills gained as a server in fine dining. We are very pleased that Holly will bring these valuable skills to MCLL.
Photo credit: your123 - stock.adobe.com.
December Snapshot
Waupun recently celebrated a 100 year re-dedication of Recording Angel, the oldest of many outdoor works in the "City of Sculpture." Installed in 1923, the bronze Recording Angel sits in Forest Mound Cemetery. The piece was commissioned by inventor and businessman Clarence Shaler as a memorial to his wife who died in 1921. The artist, Lorenzo Taft, a friend of Shaler's, created more than 30 sculptures nationwide. In retirement, Shaler himself became a professional sculptor, donating works throughout Wisconsin.
We are accepting snapshots! Do you have a photo highlighting libraries, attractions or points of historical interest? Send your photo the editor at carol.hassler@wicourts.gov to be included in a future issue.
