AB1038,13,75 3. Actual amounts owed by the tenant for direct utility service provided by a
6government-owned utility, to the extent that the landlord becomes liable for the
7tenant's nonpayment.
AB1038,13,108 4. Mobile home parking fees assessed against the tenant by a local unit of
9government under s. 66.058 (3), to the extent that the landlord becomes liable for the
10tenant's nonpayment.
AB1038,13,1311 (b) Nothing in this subsection shall be construed as authorizing any
12withholding for normal wear and tear or other damages or losses for which the tenant
13is not otherwise responsible under applicable law.
AB1038,13,1614 (c) Damage to a dwelling unit that occurs during a tenancy is rebuttably
15presumed to have been caused by the tenant's action or by the tenant's negligent
16failure to protect the dwelling unit.
AB1038,13,22 17(4) Security deposit withholding; statement of claims. (a) If any portion of
18a security deposit is withheld by a landlord, the landlord shall, within the time period
19and in the manner specified under sub. (2), deliver or mail to the tenant a written
20statement accounting for all amounts withheld. The statement shall describe each
21item of physical damage or other claim made against the security deposit and the
22amount withheld as reasonable compensation for each item or claim.
AB1038,13,2523 (b) No landlord may intentionally misrepresent or falsify any claim against a
24security deposit, including the cost of repairs, or withhold any portion of a security
25deposit on the basis of an intentionally falsified claim.
AB1038,14,6
1(c) A landlord is not in violation of this subsection for returning an erroneously
2withheld amount to the tenant after the time specified in sub. (2) if the landlord had
3a reasonable basis for withholding the amount and the amount is returned to the
4tenant with reasonable promptness after the error is discovered. The burden of proof
5is on the landlord to show that the basis for withholding the amount and the time
6within which the amount was returned were reasonable.
AB1038,14,11 7(5) Tenant failure to leave forwarding address. A landlord who has
8otherwise complied with this section is not in violation solely because the postal
9service has been unable to complete mail delivery to the person addressed. This
10subsection does not affect any other rights that a tenant may have under law to the
11return of a security deposit.
AB1038,14,17 12704.94 Promises to repair. (1) Date of completion. Every written promise
13made by a landlord to a tenant or prospective tenant to the effect that the dwelling
14unit or any other portion of the premises, including furnishings or facilities, will be
15cleaned, repaired or otherwise improved by the landlord shall specify the date on or
16time period within which the cleaning, repairs or improvements are anticipated to
17be completed.
AB1038,14,19 18(2) Initial promises in writing. All promises made before the initial rental
19agreement shall be in writing with a copy furnished to the tenant.
AB1038,15,2 20(3) Performance; unavoidable delays. A landlord shall make a reasonable
21attempt to complete the promised cleaning, repairs or improvements on the date or
22within the time period represented under sub. (1), unless the delay is for reason of
23war, acts of God, government regulation or decree, strikes, shortage of labor or
24materials, unseasonable weather conditions or other causes beyond the landlord's
25control. The landlord shall give timely notice to the tenant of reasons beyond the

1landlord's control for any delay in performance and shall state when the cleaning,
2repairs or improvements are anticipated to be completed.
AB1038,15,4 3704.945 Prohibited rental agreement provisions. No rental agreement
4may do any of the following:
AB1038,15,6 5(1) Authorize the eviction or exclusion of a tenant from the premises other than
6by judicial eviction procedures under ch. 799.
AB1038,15,10 7(2) Provide for an acceleration of rent payments in the event of tenant default
8or breach of obligations under the rental agreement or otherwise purport to waive
9the landlord's obligation to mitigate damages in the manner provided under s.
10704.29.
AB1038,15,12 11(3) Authorize the landlord or any agent of the landlord to confess judgment
12against the tenant in any action arising under the rental agreement.
AB1038,15,16 13(4) Relieve, or purport to relieve, the landlord from liability for property
14damage or personal injury caused by negligent acts or omissions of the landlord. This
15subsection does not affect ordinary maintenance obligations for which the tenant is
16responsible under the rental agreement or under s.704.07.
AB1038,15,17 17(5) Impose, or purport to impose, liability on a tenant for any of the following:
AB1038,15,1818 (a) Personal injury arising from causes clearly beyond the tenant's control.
AB1038,15,2219 (b) Property damage caused by natural disasters or by persons other than the
20tenant or the tenant's guests or invitees. This paragraph does not affect ordinary
21maintenance obligations for which the tenant is responsible under the rental
22agreement or under s. 704.07.
AB1038,15,25 23(6) Provide for the waiver of any statutory or other legal obligation on the part
24of the landlord to deliver the premises in a fit or habitable condition or to maintain
25the premises during tenancy.
AB1038,16,4
1(7) Require payment by a tenant of attorney fees or costs incurred by the
2landlord in any legal action or dispute arising under the rental agreement. This
3subsection does not prohibit the recovery by a landlord or tenant of attorney fees or
4costs that are ordered by a court under ch. 799 or 814.
AB1038,16,11 5704.95 Prohibited practices. (1) Advertising or rental of condemned
6premises.
No landlord may rent or advertise for rent any premises that have been
7placarded and condemned for human habitation or any premises regarding which a
8notice of intent to placard and condemn or an order to raze or to rehabilitate or raze
9or any similar order has been received under state or local laws or ordinances, unless
10all repairs required to bring the property into compliance with the laws or ordinances
11have been completed.
AB1038,16,22 12(2) Unauthorized entry. No landlord may enter a dwelling unit during tenancy
13except to inspect the premises, make repairs or show the premises to prospective
14tenants or purchasers, as authorized under s. 704.05 (2). Entry may not be made
15except at reasonable times and upon at least 12 hours' advance notice unless the
16tenant, upon being notified of the proposed entry, consents to a shorter time period.
17This subsection does not apply to situations in which the tenant requests or consents
18to a proposed entry at a specified time; the tenant requests specified repairs and the
19repairs are made during normal working hours within 2 weeks after the tenant's
20request for the repair; a health or safety emergency exists, the tenant is absent and
21the landlord reasonably believes that entry is necessary to protect the premises from
22damage; or entry is otherwise authorized in writing other than in a form provision.
AB1038,17,2 23(3) Automatic lease renewal without notice. No landlord shall enforce, or
24attempt to enforce, an automatic renewal or extension provision in any lease unless,
25as provided under s. 704.15, the tenant was given separate written notice of the

1pending automatic renewal or extension at least 15 days but not more than 30 days
2before the effective date of the automatic renewal or extension.
AB1038,17,7 3(4) Confiscation of personal property. No landlord may seize or hold a
4tenant's personal property or otherwise prevent the tenant from having access to or
5removing his or her personal property, except as authorized under s. 704.05 (5) or
6799.45 (3) (am), or under a lien agreement entered into in writing other than in a form
7provision.
AB1038,17,12 8(5) Retaliatory eviction. A landlord may not terminate a tenancy or give
9notice preventing the automatic renewal of a lease or constructively evict a tenant
10by any means including the termination or substantial reduction of heat, water or
11electricity to the dwelling unit solely in retaliation against a tenant because the
12tenant has done any of the following:
AB1038,17,1413 (a) Reported a violation of this chapter or a building or housing code to any
14governmental authority or filed suit alleging such a violation.
AB1038,17,1515 (b) Joined or attempted to organize a tenant's union or association.
AB1038,17,1716 (c) Asserted, or attempted to assert, any right specifically accorded to tenants
17under state or local law.
AB1038,17,21 18(6) Failure to deliver possession. A landlord shall deliver possession of the
19dwelling unit to the tenant at the time agreed upon in the rental agreement, unless
20the landlord is unable to deliver possession because of circumstances beyond the
21landlord's control.
AB1038,17,24 22704.955 Effect of rules on local ordinances. (1) This subchapter does not
23prohibit or nullify any local government ordinance that is not in direct conflict with
24this subchapter.
AB1038,18,3
1(2) In the event of any direct conflict between this subchapter and any local
2government ordinance such that complying with one results in violating the other,
3this subchapter is controlling.
AB1038, s. 10 4Section 10. 757.69 (1) (d) of the statutes is amended to read:
AB1038,18,75 757.69 (1) (d) In small claims actions, conduct initial return appearance and
6conciliation conferences and all proceedings related to eviction actions, except trials
7to a jury
.
AB1038, s. 11 8Section 11. 799.05 (3) (b) of the statutes is amended to read:
AB1038,18,149 799.05 (3) (b) Except in eviction actions, the return date for a summons served
10upon a resident of this state shall be not less than 8 days nor more than 30 days from
11the issue date, and service shall be made not less than 8 days prior to the return date.
12In eviction actions, the return date for a summons served upon a resident of this state
13shall be not less than 5 days nor more than 30 15 days from the issue date, and service
14shall be made not less than 5 days prior to the return date.
AB1038, s. 12 15Section 12. 799.206 (3) of the statutes is amended to read:
AB1038,18,2216 799.206 (3) When all parties appear in person or by their attorneys on the
17return date in an eviction, a garnishment or replevin action and any party claims
18that a contest exists, the matter shall be forthwith scheduled for a hearing, to be held
19as soon as possible before a judge. When all parties appear in person or by their
20attorneys on the return date in an eviction action and any party claims that a contest
21exists, the matter shall be forthwith scheduled for a hearing, to be held before a judge
22or court commissioner within 5 working days.
AB1038, s. 13 23Section 13. 799.44 (4) of the statutes is amended to read:
AB1038,19,224 799.44 (4) Writ of restitution; form and contents. The writ of restitution
25shall be in the name of the court, sealed with its seal, signed by its clerk, directed to

1the sheriff of the county in which the real property is located, and in substantially
2the following form:
AB1038,19,33 (Venue and caption)
AB1038,19,44 THE STATE OF WISCONSIN To the Sheriff of .... County:
AB1038,19,75 The plaintiff, ...., of .... recovered a judgment against the defendant, ...., of ....,
6in an eviction action in the Circuit Court of .... County, on the .... day of ...., 19.., to
7have restitution of the following described premises:
AB1038,19,88 .... (description as in complaint), located in .... County, Wisconsin.
AB1038,19,139 YOU ARE HEREBY COMMANDED To immediately remove the defendant, ....,
10from the said premises and to restore the plaintiff, ...., to the possession thereof. You
11are further commanded to remove from said premises all personal property not the
12property of the plaintiff, and to store and dispose of the same according to law, and
13to make due return of this writ within ten days.
AB1038,19,1514 Witness the Honorable ...., Court Commissioner or Judge of the said Circuit Court,
15this .... day of ...., 19..
AB1038,19,1616 .... Clerk
AB1038, s. 14 17Section 14. 799.45 (1) of the statutes is amended to read:
AB1038,20,218 799.45 (1) When executed. Upon delivery of a writ of restitution to the sheriff,
19and after payment to the sheriff of the fee required by s. 814.70 (8), the sheriff shall
20execute the writ. The If the plaintiff, or the plaintiff's attorney or agent, does not
21notify the sheriff under sub. (3) (am) that the plaintiff or his or her agent will remove
22and store the property, the
sheriff may require that prior to the execution of any writ
23of restitution the plaintiff deposit a reasonable sum representing the probable cost
24of removing the defendant's property chargeable to the plaintiff under s. 814.70 (8)
25and (10) and of the services of deputies under s. 814.70 (8). In case of dispute as to

1the amount of such the required deposit, the amount thereof of that deposit shall be
2determined by the court under s. 814.70 (10).
AB1038, s. 15 3Section 15. 799.45 (2) (b) of the statutes is amended to read:
AB1038,20,74 799.45 (2) (b) Remove Unless the plaintiff or his or her agent removes and
5stores the property under sub. (3) (am), remove
from the premises described in the
6writ, using such reasonable force as may be necessary, all personal property found
7therein not the property of the plaintiff.
AB1038, s. 16 8Section 16. 799.45 (2) (bg) of the statutes is created to read:
AB1038,20,119 799.45 (2) (bg) Assist the plaintiff or his or her agent in the removal, under sub.
10(3) (am), of all personal property found in the premises described in the writ, not the
11property of the plaintiff, using such reasonable force as may be necessary.
AB1038, s. 17 12Section 17. 799.45 (2) (c) of the statutes is amended to read:
AB1038,20,1613 799.45 (2) (c) Exercise ordinary care in the removal of all persons and property
14from the premises and, unless the plaintiff or his or her agent removes and stores the
15property under sub. (3) (am),
in the handling and storage of all property removed
16therefrom from the premises.
AB1038, s. 18 17Section 18. 799.45 (3) (a) of the statutes is amended to read:
AB1038,20,2018 799.45 (3) (a) In Except as provided under par. (am), in accomplishing the
19removal of property from the premises described in the writ, the sheriff is authorized
20to engage the services of a mover or trucker.
AB1038, s. 19 21Section 19. 799.45 (3) (am) of the statutes is created to read:
AB1038,21,622 799.45 (3) (am) When delivering a writ of restitution to the sheriff, the plaintiff
23or his or her attorney or agent may notify the sheriff that the plaintiff or the
24plaintiff's agent shall be the mover or trucker of the property that is found in the
25premises described in the writ and that does not belong to the plaintiff. If the sheriff

1is notified that the plaintiff or the plaintiff's agent shall be the mover or trucker of
2the property, the sheriff shall, in executing the writ of restitution, allow the plaintiff
3or the plaintiff's agent to act as the mover or trucker. If the sheriff is notified that
4the plaintiff or the plaintiff's agent shall be the mover or trucker of the property, the
5plaintiff or the plaintiff's agent shall remove and store the property, following the
6procedures under s. 704.05 (5).
AB1038, s. 20 7Section 20. 799.45 (3) (b) of the statutes is amended to read:
AB1038,21,228 799.45 (3) (b) Except as provided in par. pars. (am) and (c), the property
9removed from such premises shall be taken to some place of safekeeping within the
10county selected by the sheriff. Within 3 days of the removal of the goods, the sheriff
11shall mail a notice to the defendant as specified in sub. (4) stating the place where
12the goods are kept and shall deliver to the defendant any receipt or other document
13required to obtain possession of the goods. Warehouse or other similar receipts
14issued with respect to goods stored by the sheriff under this subsection shall be taken
15in the name of the defendant. All expenses incurred for storage and other like
16charges after delivery by the sheriff to a place of safekeeping shall be the
17responsibility of the defendant, and any person accepting goods from the sheriff for
18storage under this subsection shall have all of the rights and remedies accorded by
19law against the defendant personally and against the property stored for the
20collection of such charges, including the lien of a warehouse keeper under s. 407.209.
21Risk of damages to or loss of such property shall be borne by the defendant after
22delivery by the sheriff to the place of safekeeping.
AB1038, s. 21 23Section 21. Initial applicability.
AB1038,21,25 24(1) The treatment of sections 757.69 (1) (d) and 799.206 (3) of the statutes first
25applies to eviction actions commenced on the effective date of this subsection.
AB1038, s. 22
1Section 22. Effective dates. This act takes effect on the day after
2publication, except as follows:
AB1038,22,4 3(1)  The repeal and recreation of section 100.26 (6) of the statutes takes effect
4on July 1, 1996, or on the day after publication, whichever is later.
AB1038,22,55 (End)
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