704.07 (1) Application of section.
This section applies to any nonresidential 22
tenancy if there is no contrary provision in writing signed by both parties and to all 23
residential tenancies. An agreement to waive the requirements of this section in a 24
residential tenancy, including an agreement in a rental agreement,
is void. Nothing
in this section is intended to affect rights and duties arising under other provisions 2
of the statutes.
(bm) A landlord shall disclose to a prospective tenant, before 5
entering into a rental agreement with or accepting any earnest money or security 6
deposit from the prospective tenant, any building code or housing code violation to 7
which all of the following apply:
1. The landlord has received notice of the violation from a local housing code 9
2. The violation affects the dwelling unit that is the subject of the prospective 11
rental agreement or a common area of the premises.
3. The violation presents a significant threat to the prospective tenant's health 13
4. The violation has not been corrected.
16704.08 Information check-in sheet.
A landlord shall provide to a new 17
residential tenant when the tenant commences his or her occupancy of the premises 18
a standardized information check-in sheet that contains an itemized description of 19
the condition of the premises at the time of check-in. The tenant shall be given 7 days 20
from the date the tenant commences his or her occupancy to complete the check-in 21
sheet and return it to the landlord. The landlord is not required to provide the 22
information check-in sheet to a tenant upon renewal of a rental agreement. This 23
section does not apply to the rental of a plot of ground on which a manufactured 24
home, as defined in s. 704.05 (5) (b) 1. a., or a mobile home, as defined in s. 704.05 25
(5) (b) 1. b., may be located.
2704.11 Lien of landlord.
Except as provided in ss. 704.05 (5),
704.90 and 3
779.43 or by express agreement of the parties, the landlord has no right to a lien on 4
the property of the tenant; the common-law right of a landlord to distrain for rent 5
(d) This subsection does not apply to week-to-week or 8
10704.27 Damages for failure of tenant to vacate at end of lease or after
If a tenant remains in possession without consent of the tenant's landlord 12
after expiration of a lease or termination of a tenancy by notice given by either the 13
landlord or the tenant, or after termination by valid agreement of the parties, the 14
landlord may shall, at the landlord's discretion,
recover from the tenant damages 15
suffered by the landlord because of the failure of the tenant to vacate within the time 16
required. In absence of proof of greater damages, the landlord may shall
minimum damages twice the rental value apportioned on a daily basis for the time 18
the tenant remains in possession. As used in this section, rental value means the 19
amount for which the premises might reasonably have been rented, but not less than 20
the amount actually paid or payable by the tenant for the prior rental period, and 21
includes the money equivalent of any obligations undertaken by the tenant as part 22
of the rental agreement, such as payment of taxes, insurance and repairs. Nothing
23in this section prevents a landlord from seeking and recovering any other damages
24to which the landlord may be entitled.
1704.28 Withholding from and return of security deposits. (1) Standard
When a landlord returns a security deposit to a tenant after 3
the tenant vacates the premises, the landlord may withhold from the full amount of 4
the security deposit only amounts reasonably necessary to pay for any of the 5
(a) Except as provided in sub. (3), tenant damage, waste, or neglect of the 7
(b) Unpaid rent for which the tenant is legally responsible, subject to s. 704.29.
(c) Payment that the tenant owes under the rental agreement for utility service 10
provided by the landlord but not included in the rent.
(d) Payment that the tenant owes for direct utility service provided by a 12
government-owned utility, to the extent that the landlord becomes liable for the 13
(e) Unpaid monthly municipal permit fees assessed against the tenant by a 15
local unit of government under s. 66.0435 (3), to the extent that the landlord becomes 16
liable for the tenant's nonpayment.
(f) Any other payment for a reason provided in a nonstandard rental provision 18
document described in sub. (2).
19(2) Nonstandard rental provisions.
Except as provided in sub. (3), a rental 20
agreement may include one or more nonstandard rental provisions that authorize 21
the landlord to withhold amounts from the tenant's security deposit for reasons not 22
specified in sub. (1) (a) to (e). Any such nonstandard rental provisions shall be 23
provided to the tenant in a separate written document entitled "NONSTANDARD 24
RENTAL PROVISIONS." The landlord shall specifically identify and discuss each 25
nonstandard rental provision with the tenant before the tenant enters into a rental
agreement with the landlord. If the tenant signs a nonstandard rental provision, it 2
is rebuttably presumed that the landlord has specifically identified and discussed 3
the nonstandard rental provision with the tenant and that the tenant has agreed to 4
5(3) Normal wear and tear.
This section does not authorize a landlord to 6
withhold any amount from a security deposit for normal wear and tear, or for other 7
damages or losses for which the tenant cannot reasonably be held responsible under 8
9(4) Timing for return.
A landlord shall deliver or mail to a tenant the full 10
amount of any security deposit paid by the tenant, less any amounts that may be 11
withheld under subs. (1) and (2), within 21 days after any of the following:
(a) If the tenant vacates the premises on the termination date of the rental 13
agreement, the date on which the rental agreement terminates.
(b) If the tenant vacates the premises before the termination date of the rental 15
agreement, the date on which the tenant's rental agreement terminates or, if the 16
landlord rerents the premises before the tenant's rental agreement terminates, the 17
date on which the new tenant's tenancy begins.
(c) If the tenant vacates the premises after the termination date of the rental 19
agreement, the date on which the landlord learns that the tenant has vacated the 20
(d) If the tenant is evicted, the date on which a writ of restitution is executed 22
or the date on which the landlord learns that the tenant has vacated the premises, 23
whichever occurs first.
1704.44 Rental agreement that restricts access to contains certain
2services provisions is void.
(intro.) A Notwithstanding s. 704.02, a
agreement is void and unenforceable if it allows
does any of the following:
a landlord in a residential tenancy to do any of the following 5
because a tenant has contacted an entity for law enforcement services, health 6
services, or safety services:
SB466-SSA1, s. 24
704.44 (1) of the statutes is renumbered 704.44 (1m) (a).
SB466-SSA1, s. 25
704.44 (2) of the statutes is renumbered 704.44 (1m) (b).
Authorizes the eviction or exclusion of a tenant from the premises, 11
other than by judicial eviction procedures as provided under ch. 799.
SB466-SSA1, s. 27
704.44 (3) of the statutes is renumbered 704.44 (1m) (c).
Provides for an acceleration of rent payments in the event of 15
tenant default or breach of obligations under the rental agreement, or otherwise 16
waives the landlord's obligation to mitigate damages as provided in s. 704.29.
SB466-SSA1, s. 29
704.44 (4) of the statutes is renumbered 704.44 (1m) (d).
Requires payment by the tenant of attorney fees or costs incurred 20
by the landlord in any legal action or dispute arising under the rental agreement. 21
This subsection does not prevent a landlord or tenant from recovering costs or 22
attorney fees under a court order under ch. 799 or 814.
SB466-SSA1, s. 31
704.44 (5) of the statutes is renumbered 704.44 (1m) (e) and 24
amended to read:
(e) Threaten to take any action under subs. (1) to (4) pars. (a) to
Authorizes the landlord or an agent of the landlord to confess 5
judgment against the tenant in any action arising under the rental agreement.
States that the landlord is not liable for property damage or personal 8
injury caused by negligent acts or omissions of the landlord. This subsection does 9
not affect ordinary maintenance obligations of a tenant under s. 704.07 or assumed 10
by a tenant under a rental agreement or other written agreement between the 11
landlord and the tenant.
Imposes liability on a tenant for any of the following:
(a) Personal injury arising from causes clearly beyond the tenant's control.
(b) Property damage caused by natural disasters or by persons other than the 16
tenant or the tenant's guests or invitees. This paragraph does not affect ordinary 17
maintenance obligations of a tenant under s. 704.07 or assumed by a tenant under 18
a rental agreement or other written agreement between the landlord and the tenant.
Waives any statutory or other legal obligation on the part of the 21
landlord to deliver the premises in a fit or habitable condition or to maintain the 22
premises during the tenant's tenancy.
24704.95 Practices regulated by the department of agriculture, trade
25and consumer protection.
Practices in violation of this chapter may also
constitute unfair methods of competition or unfair trade practices under s. 100.20. 2
However, the department of agriculture, trade and consumer protection may not 3
issue an order or promulgate a rule under s. 100.20 that changes any right or duty 4
arising under this chapter.
799.40 (1m) Acceptance of rent.
If a landlord commences an action under this 7
section against a tenant whose tenancy has been terminated for failure to pay rent, 8
the action under this section may not be dismissed solely because the landlord 9
accepts past due rent from the tenant after the termination of the tenant's tenancy.
(1) Disposal of property.
The treatment of sections 321.62 (15) (a), 704.05 (5) 12
(title), (a) (title), (intro.), 1., 2., and 3., (am), (b), (c), and (d), and 704.11 of the statutes 13
first applies to property left behind by a tenant on the effective date of this 14
(2) Damages for failure to vacate.
The treatment of section 704.27 of the 16
statutes first applies to actions for damages, including eviction actions, that are 17
commenced on the effective date of this subsection.
(3) Return of security deposits.
(a) Timing for return.
Except as provided in paragraph (b
), the treatment of 20
section 704.28 (4) (b) of the statutes first applies to tenants vacating before the 21
termination date of a rental agreement who vacate the premises on the effective date 22
of this paragraph.
If a rental agreement that is in effect on the effective 24
date of this paragraph contains a provision that is inconsistent with the treatment 25
of section 704.28 (4) (b) of the statutes, the treatment of section 704.28 (4) (b) of the
statutes first applies to that rental agreement with respect to the timing of returning 2
a security deposit upon renewal.
(4) Severability of provisions.
The treatment of section 704.02 of the statutes 4
first applies to rental agreements that are entered into or renewed on the effective 5
date of this subsection.