How well do you understand the evolving landscape of landlord-tenant law in Wisconsin? Whether you represent landlords, tenants, or clients who simply encounter housing issues from time to time, the 2025 State Bar of Wisconsin PINNACLE Landlord Tenant Update promises to deliver practical, essential guidance for attorneys navigating this high-stakes area of law.

Professor Mitch, a clinical professor at the University of Wisconsin Law School and director of the Neighborhood Law Clinic, and Jessica Kramer, managing partner of Kramer, Elkins & Watt, LLC, who concentrates in representing manufactured housing communities, two presenters at the upcoming seminar, offered insights not only into the issues that will be covered during the seminar, but also into the legal pitfalls lawyers should avoid – and how better advocacy can improve outcomes for all involved.

Getting into the Practice: Different Paths, Common Impact

Both attorneys came to landlord-tenant law from very different directions.

For Mitch, it began with a personal crisis: “I was renting an apartment when I was in college and I woke up with a couple of inches of water on my floor because pipes in my ceiling had burst… That sort of started me off on wanting to learn more about renters’ rights.” That experience sparked a lifelong dedication to housing justice, including the founding of Community Justice, Inc., a nonprofit law firm in Madison.

Kramer took a more unexpected path. “I don't think many people go to law school saying they want to be a landlord-tenant lawyer.” However, when an attorney from another part of the state asked if Kramer could handle some court appearances for him and a client of his as local counsel, she said yes. "I was mostly doing litigation... [and] and they happened to be eviction cases [in the manufactured housing community space],” she said. “It quickly became my primary practice area because there was a need for people to represent them.”

Why This Update Matters

While the title suggests it’s just for experts, Kramer emphasized that the seminar is intentionally designed to help a wide audience. “This update will be valuable both for experienced landlord-tenant practitioners and ... attorneys whose core practice areas are something else but they end up having landlord-tenant issues cross their desk.”

Mitch agreed: “There’s been recent litigation… some published case law. We’ll be talking a lot about all of those updates in addition to the foundational information.”

Evictions: What Attorneys Get Wrong

Eviction law is fast-moving and procedurally specific. Mitch stressed the importance of documentation: “That’s the lease, any addenda, communication between the parties, notices leading up to eviction… Because evictions move so fast… you need to have those documents ready and raise [defenses] quickly.”

Kramer emphasized similar themes from the landlord side. “They just don’t have a paper trail… Sometimes it’s more procedural hiccups, like just navigating the process of completing the court documents.” Attorneys who don't practice regularly in this area may overlook local variations. “You can’t necessarily find it in a statute or a rule… you just have to get the lay of the land.”

Negotiating Stipulations: Find Common Ground

Landlord-tenant law isn’t just adversarial – it’s relational.

“You’ve got to find common goals,” Mitch said. “At the base of it, there is an aligned, shared, common interest. The renter wants a safe, habitable place… and every owner wants a safe, up-to-code place to rent out.”

Kramer added that stipulations offer an opportunity to resolve more than just the issue at hand. “We can maybe give a little more time… or get [a new occupant] added to the lease… Let’s take care of everything now ... so the parties just don’t end up back in court.”

Fair Housing: Know the Layers

From both perspectives, fair housing compliance is a high-risk area requiring detailed knowledge of local, state, and federal regulations.

“You want to err on the side of following what gives the most rights,” Kramer said, adding that attorneys must approach fair housing complaints not just as litigation, but as problem-solving opportunities. “My client may be mad that someone filed a complaint… [but] it can be a way to foster communication.”

Mitch noted the challenges tenants face when housing subsidies are involved: “It’s such a limited market… you need to get permission [to move], and then you have a limited number of days to transfer that [voucher]… and request an extension in writing.” Lawyers need to know how to involve housing authorities and caseworkers early.

Manufactured Housing: A Niche with Nuance

If there’s one thing both attorneys agreed on, it’s that manufactured housing law can be a challenge to navigate.

Kramer pointed out the complexity of explaining these cases to courts unfamiliar with the space. “Tenants often own their homes and are just renting the land… I’m educating someone new every single day.”

Mitch added: “It is a Russian nesting doll… unintuitive laws govern rental housing ... and inside that is a smaller subset of even more counterintuitive laws that apply to manufactured home communities.”

Fee-Shifting Claims and DATCP Complaints

Perhaps the most important practical takeaway? Fee shifting can make – or break – your case.

“By authorizing fee shifting, you can incentivize attorneys to work on these cases,” Mitch said. “You can actually work for somebody who cannot pay their rent, and you can get paid doing it.” But he warned: “There are a lot of fee-shifting claims that are mandatory… and others where there’s no fee shifting at all.”

Kramer agreed that understanding fee-shifting and DATCP complaint procedures is crucial for landlords and their lawyers: “Be honest – I’ve settled more landlord-tenant matters than any other type of matter in my 21-year career because of the fee shifting.”

Healthy Housing and Repair Disputes: Prevention is Key

On repair and property condition issues, both attorneys stressed systems and communication.

Kramer advised having a system in place for maintenance requests. “Don’t see [building inspectors] as the enemy. See them as someone who wants to help you provide a safe and healthy place.”

Mitch echoed the importance of gratitude and response: “The first thing you should say when a renter calls about a broken furnace is, ‘Thank you’… This is the business you chose to get into.”

A Final Thought: Learn from Each Other

Ultimately, the seminar isn’t just about content – it’s about community.

“I’m hoping that this update will help [the landlord-tenant bar] grow a little, because we could use more people in this space,” Kramer said. “I love seeing other people that love it and are just passionate about it.”

Whether you represent landlords, tenants, or encounter these issues occasionally, this seminar is an opportunity to level up your knowledge, connect with peers, and serve your clients more effectively.

Wisconsin Landlord & Tenant Manual

At some point in their lives, most Wisconsinites have been renters and leased an apartment, duplex, townhome, or single-family home. The Wisconsin Landlord & Tenant Manual provides attorneys, landlords, and tenants with a solid guide to residential landlord-tenant law.

This highly accessible guide walks readers through the life cycle of a tenancy from the perspectives of both landlords and tenants. Chapters cover key areas of residential landlord-tenant law, such as:

• Screening and qualifying prospective tenants
• Use of rental documents
• Property owners’ and tenants’ responsibility for maintaining a rental unit
• Termination of a tenancy
• Evictions
• Attempting to collect on a judgment after a tenancy has ended

The Manual is chock-full of sample forms, including numerous Wisconsin Legal Blank forms authored by attorney Tristan Pettit, and many Wisconsin court forms and guides. The chapters also contain many helpful practice tips. Especially for attorneys who address landlord-tenant issues on an infrequent basis, this book is the ideal easy reference to keep on hand.