LRB-0656/1
PJK:kjf:sh
2007 - 2008 LEGISLATURE
March 19, 2007 - Introduced by Representatives Schneider, Albers, Sheridan,
Musser, Staskunas, Vos, Pridemore
and Toles, cosponsored by Senators
Grothman and Lazich. Referred to Committee on Housing.
AB178,1,2 1An Act to create 704.28 of the statutes; relating to: return of security deposit
2to tenant and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill provides that a landlord must, within 45 days after a tenant
surrenders the rental premises, deliver or mail to the tenant the full amount of any
security deposit paid by the tenant, less any amounts properly withheld from the
security deposit by the landlord, along with a written statement that itemizes any
amounts withheld. The bill requires the Department of Agriculture, Trade and
Consumer Protection (DATCP) to, by rule, define "security deposit" and specify when
premises are surrendered and what amounts may be properly withheld from a
security deposit.
Currently, administrative rules of DATCP define "security deposit," specify
when premises are surrendered and what amounts may be properly withheld from
a security deposit, and require a written statement accounting for the amounts
withheld. The rules also provide, however, that a security deposit must be delivered
or mailed to a tenant within 21 days after the premises are surrendered. Thus, the
bill increases the length of time for a landlord to return a security deposit.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB178, s. 1
1Section 1. 704.28 of the statutes is created to read:
AB178,2,6 2704.28 Return of security deposit. (1) A landlord shall deliver or mail to
3a tenant, within 45 days after the tenant surrenders the premises, the full amount
4of any security deposit paid by the tenant and held by the landlord, less any amounts
5properly withheld by the landlord, along with a written statement itemizing the
6withheld amounts.
AB178,2,10 7(2) For purposes of sub. (1), the department of agriculture, trade and consumer
8protection shall by rule define "security deposit" and specify when surrender of the
9premises occurs and what amounts a landlord may properly withhold from a tenant's
10security deposit.
AB178, s. 2 11Section 2. Initial applicability.
AB178,2,1312 (1) This act first applies to tenancies entered into on the effective date of this
13subsection.
AB178,2,1414 (End)
Loading...
Loading...