AB1038: Bill Text

AB1038,13,7 3. Actual amounts owed by the tenant for direct utility service provided by a government-owned utility, to the extent that the landlord becomes liable for the tenant's nonpayment.

AB1038,13,10 4. Mobile home parking fees assessed against the tenant by a local unit of government under s. 66.058 (3), to the extent that the landlord becomes liable for the tenant's nonpayment.

AB1038,13,13 (b) Nothing in this subsection shall be construed as authorizing any withholding for normal wear and tear or other damages or losses for which the tenant is not otherwise responsible under applicable law.

AB1038,13,16 (c) Damage to a dwelling unit that occurs during a tenancy is rebuttably presumed to have been caused by the tenant's action or by the tenant's negligent failure to protect the dwelling unit.

AB1038,13,22 (4) Security deposit withholding; statement of claims. (a) If any portion of a security deposit is withheld by a landlord, the landlord shall, within the time period and in the manner specified under sub. (2), deliver or mail to the tenant a written statement accounting for all amounts withheld. The statement shall describe each item of physical damage or other claim made against the security deposit and the amount withheld as reasonable compensation for each item or claim.

AB1038,13,25 (b) No landlord may intentionally misrepresent or falsify any claim against a security deposit, including the cost of repairs, or withhold any portion of a security deposit on the basis of an intentionally falsified claim.

AB1038,14,6 (c) A landlord is not in violation of this subsection for returning an erroneously withheld amount to the tenant after the time specified in sub. (2) if the landlord had a reasonable basis for withholding the amount and the amount is returned to the tenant with reasonable promptness after the error is discovered. The burden of proof is on the landlord to show that the basis for withholding the amount and the time within which the amount was returned were reasonable.

AB1038,14,11 (5) Tenant failure to leave forwarding address. A landlord who has otherwise complied with this section is not in violation solely because the postal service has been unable to complete mail delivery to the person addressed. This subsection does not affect any other rights that a tenant may have under law to the return of a security deposit.

AB1038,14,17 704.94 Promises to repair. (1) Date of completion. Every written promise made by a landlord to a tenant or prospective tenant to the effect that the dwelling unit or any other portion of the premises, including furnishings or facilities, will be cleaned, repaired or otherwise improved by the landlord shall specify the date on or time period within which the cleaning, repairs or improvements are anticipated to be completed.

AB1038,14,19 (2) Initial promises in writing. All promises made before the initial rental agreement shall be in writing with a copy furnished to the tenant.

AB1038,15,2 (3) Performance; unavoidable delays. A landlord shall make a reasonable attempt to complete the promised cleaning, repairs or improvements on the date or within the time period represented under sub. (1), unless the delay is for reason of war, acts of God, government regulation or decree, strikes, shortage of labor or materials, unseasonable weather conditions or other causes beyond the landlord's control. The landlord shall give timely notice to the tenant of reasons beyond the landlord's control for any delay in performance and shall state when the cleaning, repairs or improvements are anticipated to be completed.

AB1038,15,4 704.945 Prohibited rental agreement provisions. No rental agreement may do any of the following:

AB1038,15,6 (1) Authorize the eviction or exclusion of a tenant from the premises other than by judicial eviction procedures under ch. 799.

AB1038,15,10 (2) Provide for an acceleration of rent payments in the event of tenant default or breach of obligations under the rental agreement or otherwise purport to waive the landlord's obligation to mitigate damages in the manner provided under s. 704.29.

AB1038,15,12 (3) Authorize the landlord or any agent of the landlord to confess judgment against the tenant in any action arising under the rental agreement.

AB1038,15,16 (4) Relieve, or purport to relieve, the landlord from liability for property damage or personal injury caused by negligent acts or omissions of the landlord. This subsection does not affect ordinary maintenance obligations for which the tenant is responsible under the rental agreement or under s.704.07.

AB1038,15,17 (5) Impose, or purport to impose, liability on a tenant for any of the following:

AB1038,15,18 (a) Personal injury arising from causes clearly beyond the tenant's control.

AB1038,15,22 (b) Property damage caused by natural disasters or by persons other than the tenant or the tenant's guests or invitees. This paragraph does not affect ordinary maintenance obligations for which the tenant is responsible under the rental agreement or under s. 704.07.

AB1038,15,25 (6) Provide for the waiver of any statutory or other legal obligation on the part of the landlord to deliver the premises in a fit or habitable condition or to maintain the premises during tenancy.

AB1038,16,4 (7) Require payment by a tenant of attorney fees or costs incurred by the landlord in any legal action or dispute arising under the rental agreement. This subsection does not prohibit the recovery by a landlord or tenant of attorney fees or costs that are ordered by a court under ch. 799 or 814.

AB1038,16,11 704.95 Prohibited practices. (1) Advertising or rental of condemned premises. No landlord may rent or advertise for rent any premises that have been placarded and condemned for human habitation or any premises regarding which a notice of intent to placard and condemn or an order to raze or to rehabilitate or raze or any similar order has been received under state or local laws or ordinances, unless all repairs required to bring the property into compliance with the laws or ordinances have been completed.

AB1038,16,22 (2) Unauthorized entry. No landlord may enter a dwelling unit during tenancy except to inspect the premises, make repairs or show the premises to prospective tenants or purchasers, as authorized under s. 704.05 (2). Entry may not be made except at reasonable times and upon at least 12 hours' advance notice unless the tenant, upon being notified of the proposed entry, consents to a shorter time period. This subsection does not apply to situations in which the tenant requests or consents to a proposed entry at a specified time; the tenant requests specified repairs and the repairs are made during normal working hours within 2 weeks after the tenant's request for the repair; a health or safety emergency exists, the tenant is absent and the landlord reasonably believes that entry is necessary to protect the premises from damage; or entry is otherwise authorized in writing other than in a form provision.

AB1038,17,2 (3) Automatic lease renewal without notice. No landlord shall enforce, or attempt to enforce, an automatic renewal or extension provision in any lease unless, as provided under s. 704.15, the tenant was given separate written notice of the pending automatic renewal or extension at least 15 days but not more than 30 days before the effective date of the automatic renewal or extension.

AB1038,17,7 (4) Confiscation of personal property. No landlord may seize or hold a tenant's personal property or otherwise prevent the tenant from having access to or removing his or her personal property, except as authorized under s. 704.05 (5) or 799.45 (3) (am), or under a lien agreement entered into in writing other than in a form provision.

AB1038,17,12 (5) Retaliatory eviction. A landlord may not terminate a tenancy or give notice preventing the automatic renewal of a lease or constructively evict a tenant by any means including the termination or substantial reduction of heat, water or electricity to the dwelling unit solely in retaliation against a tenant because the tenant has done any of the following:

AB1038,17,14 (a) Reported a violation of this chapter or a building or housing code to any governmental authority or filed suit alleging such a violation.

AB1038,17,15 (b) Joined or attempted to organize a tenant's union or association.

AB1038,17,17 (c) Asserted, or attempted to assert, any right specifically accorded to tenants under state or local law.

AB1038,17,21 (6) Failure to deliver possession. A landlord shall deliver possession of the dwelling unit to the tenant at the time agreed upon in the rental agreement, unless the landlord is unable to deliver possession because of circumstances beyond the landlord's control.

AB1038,17,24 704.955 Effect of rules on local ordinances. (1) This subchapter does not prohibit or nullify any local government ordinance that is not in direct conflict with this subchapter.

AB1038,18,3 (2) In the event of any direct conflict between this subchapter and any local government ordinance such that complying with one results in violating the other, this subchapter is controlling.

AB1038, s. 10 Section 10. 757.69 (1) (d) of the statutes is amended to read:

AB1038,18,7 757.69 (1) (d) In small claims actions, conduct initial return appearance and conciliation conferences and all proceedings related to eviction actions, except trials to a jury.

AB1038, s. 11 Section 11. 799.05 (3) (b) of the statutes is amended to read:

AB1038,18,14 799.05 (3) (b) Except in eviction actions, the return date for a summons served upon a resident of this state shall be not less than 8 days nor more than 30 days from the issue date, and service shall be made not less than 8 days prior to the return date. In eviction actions, the return date for a summons served upon a resident of this state shall be not less than 5 days nor more than 30 15 days from the issue date, and service shall be made not less than 5 days prior to the return date.

AB1038, s. 12 Section 12. 799.206 (3) of the statutes is amended to read:

AB1038,18,22 799.206 (3) When all parties appear in person or by their attorneys on the return date in an eviction, a garnishment or replevin action and any party claims that a contest exists, the matter shall be forthwith scheduled for a hearing, to be held as soon as possible before a judge. When all parties appear in person or by their attorneys on the return date in an eviction action and any party claims that a contest exists, the matter shall be forthwith scheduled for a hearing, to be held before a judge or court commissioner within 5 working days.

AB1038, s. 13 Section 13. 799.44 (4) of the statutes is amended to read:

AB1038,19,2 799.44 (4) Writ of restitution; form and contents. The writ of restitution shall be in the name of the court, sealed with its seal, signed by its clerk, directed to the sheriff of the county in which the real property is located, and in substantially the following form:

AB1038,19,3 (Venue and caption)

AB1038,19,4 THE STATE OF WISCONSIN To the Sheriff of .... County:

AB1038,19,7 The plaintiff, ...., of .... recovered a judgment against the defendant, ...., of ...., in an eviction action in the Circuit Court of .... County, on the .... day of ...., 19.., to have restitution of the following described premises:

AB1038,19,8 .... (description as in complaint), located in .... County, Wisconsin.

AB1038,19,13 YOU ARE HEREBY COMMANDED To immediately remove the defendant, ...., from the said premises and to restore the plaintiff, ...., to the possession thereof. You are further commanded to remove from said premises all personal property not the property of the plaintiff, and to store and dispose of the same according to law, and to make due return of this writ within ten days.

AB1038,19,15 Witness the Honorable ...., Court Commissioner or Judge of the said Circuit Court, this .... day of ...., 19..

AB1038,19,16 .... Clerk

AB1038, s. 14 Section 14. 799.45 (1) of the statutes is amended to read:

AB1038,20,2 799.45 (1) When executed. Upon delivery of a writ of restitution to the sheriff, and after payment to the sheriff of the fee required by s. 814.70 (8), the sheriff shall execute the writ. The If the plaintiff, or the plaintiff's attorney or agent, does not notify the sheriff under sub. (3) (am) that the plaintiff or his or her agent will remove and store the property, the sheriff may require that prior to the execution of any writ of restitution the plaintiff deposit a reasonable sum representing the probable cost of removing the defendant's property chargeable to the plaintiff under s. 814.70 (8) and (10) and of the services of deputies under s. 814.70 (8). In case of dispute as to the amount of such the required deposit, the amount thereof of that deposit shall be determined by the court under s. 814.70 (10).

AB1038, s. 15 Section 15. 799.45 (2) (b) of the statutes is amended to read:

AB1038,20,7 799.45 (2) (b) Remove Unless the plaintiff or his or her agent removes and stores the property under sub. (3) (am), remove from the premises described in the writ, using such reasonable force as may be necessary, all personal property found therein not the property of the plaintiff.

AB1038, s. 16 Section 16. 799.45 (2) (bg) of the statutes is created to read:

AB1038,20,11 799.45 (2) (bg) Assist the plaintiff or his or her agent in the removal, under sub. (3) (am), of all personal property found in the premises described in the writ, not the property of the plaintiff, using such reasonable force as may be necessary.

AB1038, s. 17 Section 17. 799.45 (2) (c) of the statutes is amended to read:

AB1038,20,16 799.45 (2) (c) Exercise ordinary care in the removal of all persons and property from the premises and, unless the plaintiff or his or her agent removes and stores the property under sub. (3) (am), in the handling and storage of all property removed therefrom from the premises.

AB1038, s. 18 Section 18. 799.45 (3) (a) of the statutes is amended to read:

AB1038,20,20 799.45 (3) (a) In Except as provided under par. (am), in accomplishing the removal of property from the premises described in the writ, the sheriff is authorized to engage the services of a mover or trucker.

AB1038, s. 19 Section 19. 799.45 (3) (am) of the statutes is created to read:

AB1038,21,6 799.45 (3) (am) When delivering a writ of restitution to the sheriff, the plaintiff or his or her attorney or agent may notify the sheriff that the plaintiff or the plaintiff's agent shall be the mover or trucker of the property that is found in the premises described in the writ and that does not belong to the plaintiff. If the sheriff is notified that the plaintiff or the plaintiff's agent shall be the mover or trucker of the property, the sheriff shall, in executing the writ of restitution, allow the plaintiff or the plaintiff's agent to act as the mover or trucker. If the sheriff is notified that the plaintiff or the plaintiff's agent shall be the mover or trucker of the property, the plaintiff or the plaintiff's agent shall remove and store the property, following the procedures under s. 704.05 (5).

AB1038, s. 20 Section 20. 799.45 (3) (b) of the statutes is amended to read:

AB1038,21,22 799.45 (3) (b) Except as provided in par. pars. (am) and (c), the property removed from such premises shall be taken to some place of safekeeping within the county selected by the sheriff. Within 3 days of the removal of the goods, the sheriff shall mail a notice to the defendant as specified in sub. (4) stating the place where the goods are kept and shall deliver to the defendant any receipt or other document required to obtain possession of the goods. Warehouse or other similar receipts issued with respect to goods stored by the sheriff under this subsection shall be taken in the name of the defendant. All expenses incurred for storage and other like charges after delivery by the sheriff to a place of safekeeping shall be the responsibility of the defendant, and any person accepting goods from the sheriff for storage under this subsection shall have all of the rights and remedies accorded by law against the defendant personally and against the property stored for the collection of such charges, including the lien of a warehouse keeper under s. 407.209. Risk of damages to or loss of such property shall be borne by the defendant after delivery by the sheriff to the place of safekeeping.

AB1038, s. 21 Section 21. Initial applicability.

AB1038,21,25 (1) The treatment of sections 757.69 (1) (d) and 799.206 (3) of the statutes first applies to eviction actions commenced on the effective date of this subsection.

AB1038, s. 22 Section 22. Effective dates. This act takes effect on the day after publication, except as follows:

AB1038,22,4 (1)  The repeal and recreation of section 100.26 (6) of the statutes takes effect on July 1, 1996, or on the day after publication, whichever is later.

AB1038,22,5 (End)