2009 - 2010 LEGISLATURE
March 11, 2010 - Introduced by Representatives Richards and Berceau,
cosponsored by Senators Taylor, Lehman and Coggs. Referred to Committee
1An Act to create
704.47 and 709.03 (form) C. 17m. of the statutes; relating to:
2requiring sellers of residential real property and landlords of residential rental
3property to disclose that methamphetamine has been manufactured on the
Analysis by the Legislative Reference Bureau
Under current law, with certain exceptions, owners selling residential real
property must give prospective buyers a form, known as a real estate condition
report, on which the owner discloses certain conditions of the real property of which
the owner is aware. This bill requires an owner to disclose on the real estate
condition report whether methamphetamine has been manufactured on the
property. The bill also requires a landlord of residential rental property who is aware
that methamphetamine has been manufactured on the rental property to disclose to
any prospective tenant in writing that methamphetamine has been manufactured
on the premises.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB836, s. 1
704.47 of the statutes is created to read:
1704.47 Disclosure of methamphetamine manufacture. (1)
If a landlord 2
of residential rental property is aware that methamphetamine has been 3
manufactured at any time on the rental property, before entering into any rental 4
agreement with a prospective tenant of the rental property or before the 5
commencement of any periodic tenancy or tenancy at will with respect to the rental 6
property, the landlord shall disclose to the prospective tenant in writing that 7
methamphetamine was manufactured on the property.
If the rental property contains more than one dwelling unit, the landlord 9
is required to provide the disclosure under sub. (1) only to a prospective tenant of the 10
dwelling unit in which the methamphetamine was manufactured.
AB836, s. 2
709.03 (form) C. 17m. of the statutes is created to read:
(1) Real estate condition report.
Notwithstanding section 709.035 of the 15
statutes, the creation of section 709.03 (form) C. 17m. of the statutes does not require 16
a property owner who has furnished to a prospective buyer of the property an original 17
or amended real estate condition report before the effective date of this subsection 18
to submit an amended real estate condition report with respect to the information 19
required by section 709.03 (form) C. 17m. of the statutes, as created by this act.
(1) The treatment of section 709.03 (form) C. 17m. of the statutes first applies 22
to real estate condition reports that are furnished on the effective date of this 23
(2) The treatment of section 704.47 of the statutes first applies to tenancies and 2
rental agreements that are entered into on the effective date of this subsection.
This act takes effect on January 1, 2011.