Amendment SA12-SSA1-SB179

LRBa0826/1

PJH:sac:jm

2013 - 2014 LEGISLATURE

SENATE AMENDMENT 12, TO SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 179

September 17, 2013 - Offered by Senator Erpenbach.

SB179-SSA1-SA12,1,1 At the locations indicated, amend the substitute amendment as follows:

SB179-SSA1-SA12,1,2 1. Page 7, line 11: delete lines 11 to 19 and substitute:

SB179-SSA1-SA12,1,3 " Section 12m. 704.075 of the statutes is created to read:

SB179-SSA1-SA12,1,5 704.075 Insect infestations. (1) Landlord duties. A landlord has the following duties:

SB179-SSA1-SA12,1,8 (a) Upon written or oral notice from a tenant that a dwelling unit may have an insect or pest infestation, the landlord shall within 5 days conduct an inspection of the unit for insects or pests.

SB179-SSA1-SA12,1,10 (b) Upon a determination that an infestation of insects or pests does exist in a dwelling unit, the landlord shall within 10 days contact a pest control agent.

SB179-SSA1-SA12,2,2 (c) A landlord shall take reasonable measures to effectively identify and treat the infestation as determined by the pest control agent. The landlord shall employ a pest control agent that carries current liability insurance to promptly treat the infestation.

SB179-SSA1-SA12,2,8 (d) Before renting a dwelling unit, a landlord shall disclose to a prospective tenant if an adjacent unit or units are currently infested with or are being treated for insects or pests. Upon request from a tenant or prospective tenant, a landlord shall disclose the last date that the dwelling unit the landlord seeks to rent or an adjacent unit or units were inspected for an insect or pest infestation and found to be free of an insect or pest infestation.

SB179-SSA1-SA12,2,10 (e) A landlord may not offer for rent a dwelling unit that the landlord knows or suspects is infested with insects or pests.

SB179-SSA1-SA12,2,21 (f) A landlord shall offer to make reasonable assistance available to a tenant who is not able to comply with requested bedbug inspection or control measures under sub. (2) (c). The landlord shall disclose to the tenant what the cost may be for the tenant's compliance with the requested bedbug inspection or control measure. After making this disclosure, the landlord may provide financial assistance to the tenant to prepare the unit for treatment of the infestation. A landlord may charge the tenant a reasonable amount for any such assistance, subject to a reasonable repayment schedule, not to exceed 6 months unless an extension is otherwise agreed to by the landlord and the tenant. This paragraph may not be construed to require the landlord to provide the tenant with alternate lodging or to pay to replace the tenant's personal property.

SB179-SSA1-SA12,2,22 (2) Tenant duties. A tenant has the following duties:

SB179-SSA1-SA12,2,24 (a) A tenant shall promptly notify a landlord when the tenant knows of or suspects an infestation of insects or pests in the tenant's dwelling unit.

SB179-SSA1-SA12,3,10 (b) Upon receiving reasonable notice, a tenant shall grant the landlord of the dwelling unit, the landlord's agent, or the landlord's pest control agent and its employees access to the unit for purposes of an inspection for or control of the infestation of insects or pests. The initial inspection may include only a visual inspection and manual inspection of the tenant's bedding and upholstered furniture. Employees of the pest control agent may inspect items other than bedding and upholstered furniture when such an inspection is considered reasonable by the pest control agent. If the pest control agent finds insects or pests in the dwelling unit or in an adjoining unit, the pest control agent may have additional access to the tenant's personal belongings as determined reasonable by the pest control agent.

SB179-SSA1-SA12,3,16 (c) Upon receiving reasonable notice, a tenant shall comply with reasonable measures to eliminate and control an insect or pest infestation as set forth by the landlord and the pest control agent. The tenant's unreasonable failure to completely comply with the pest control measures results in the tenant's being financially responsible for all pest control treatments of the dwelling unit arising from the tenant's failure to comply.

SB179-SSA1-SA12,3,19 (3) Remedies. (a) The failure of a landlord to comply with the provisions of this section constitutes a finding that there is a substantial violation of s. 704.07 (2) that materially affects the health or safety of the tenant.

SB179-SSA1-SA12,3,22 (b) A landlord who fails to comply with the provisions of this section shall pay to the tenant $250 or actual damages, whichever is greater, plus, notwithstanding s. 814.04 (1), reasonable attorney's fees.

SB179-SSA1-SA12,3,25 (c) The failure of a tenant to comply with the provisions of this section constitute a material breach of the tenant's rental agreement and entitles the landlord to do any of the following:

SB179-SSA1-SA12,4,1 1. Pursue an eviction action against the tenant.

SB179-SSA1-SA12,4,3 2. Commence an action in court to obtain an injunction or court order that requires the tenant to do the following:

SB179-SSA1-SA12,4,5 a. Allow the landlord, after he or she gives the tenant 24 hours notice, to enter the premises in order to fulfill his or her duties under sub. (1).

SB179-SSA1-SA12,4,6 b. Fulfill his or her duties under sub. (2).

SB179-SSA1-SA12,4,8 3. Recover from the tenant costs incurred by the landlord that are related to the tenant's failure to comply with his or her duties under sub. (2).".

SB179-SSA1-SA12,4,9 2. Page 21, line 9: delete lines 4 and 5.

SB179-SSA1-SA12,4,10 (End)