LRBs0306/2
PJK:nwn:rs
2009 - 2010 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2009 ASSEMBLY BILL 543
March 16, 2010 - Offered by Representative Black.
AB543-ASA1,1,2
1An Act to create 704.165 of the statutes;
relating to: termination of a deceased
2tenant's tenancy.
Analysis by the Legislative Reference Bureau
Under current law, a landlord may terminate the tenancy of a tenant for various
reasons, such as nonpayment of rent, breaching a condition of the tenant's
agreement, or upon notice from law enforcement that the rental premises is being
used as a drug or criminal gang house. Current law allows a tenant to terminate his
or her tenancy if he or she faces an imminent threat of serious physical harm from
another person by remaining on the rental premises.
This substitute amendment provides that if a tenant dies during the term of his
or her tenancy, the tenancy is terminated 60 days after the landlord receives notice,
is advised, or otherwise becomes aware of the tenant's death, or at the end of the term
of the rental agreement if that is shorter than 60 days. The deceased tenant and his
or her estate are not liable for any rent after the tenancy is terminated. The tenant's
death, however, does not relieve any other adult tenant of the premises from
responsibility for payment of rent.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB543-ASA1,2,4
2704.165 Termination of tenancy at death of tenant. (1) (a) Except as
3provided in par. (b), if a residential tenant dies, his or her tenancy is terminated on
4the earlier of the following:
AB543-ASA1,2,65
1. Sixty days after the landlord receives notice, is advised, or otherwise becomes
6aware of the tenant's death.
AB543-ASA1,2,77
2. The expiration of the term of the rental agreement.
AB543-ASA1,2,108
(b) Notwithstanding s. 704.19, in the case of the death of a residential periodic
9tenant or tenant at will, the tenancy is terminated 60 days after the landlord receives
10notice, is advised, or otherwise becomes aware of the tenant's death.
AB543-ASA1,2,14
11(2) The deceased tenant or his or her estate is not liable for any rent after the
12termination of his or her tenancy. Any liability of the deceased tenant or his or her
13estate for rent under this subsection is subject to the landlord's duty to mitigate
14damages as provided in s. 704.29 (2).
AB543-ASA1,2,17
15(3) Nothing in this section relieves another adult tenant of the deceased
16tenant's premises from any obligation under a rental agreement or any other liability
17to the landlord.
AB543-ASA1,2,2019
(1) This act first applies to tenancies and rental agreements that are entered
20into on the effective date of this subsection.
