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.