Amendment ASA1-AB561

AB561-ASA1, s. 18 Section 18. 704.08 of the statutes is created to read:

AB561-ASA1,7,25 704.08 Information check-in sheet. A landlord shall provide to a new residential tenant when the tenant commences his or her occupancy of the premises a standardized information check-in sheet that contains an itemized description of the condition of the premises at the time of check-in. The tenant shall be given 7 days from the date the tenant commences his or her occupancy to complete the check-in sheet and return it to the landlord. The landlord is not required to provide the information check-in sheet to a tenant upon renewal of a rental agreement. This section does not apply to the rental of a plot of ground on which a manufactured home, as defined in s. 704.05 (5) (b) 1. a., or a mobile home, as defined in s. 704.05 (5) (b) 1. b., may be located.

AB561-ASA1, s. 19 Section 19. 704.11 of the statutes is amended to read:

AB561-ASA1,8,5 704.11 Lien of landlord. Except as provided in ss. 704.05 (5), 704.90 and 779.43 or by express agreement of the parties, the landlord has no right to a lien on the property of the tenant; the common-law right of a landlord to distrain for rent is abolished.

AB561-ASA1, s. 20 Section 20. 704.17 (2) (d) of the statutes is created to read:

AB561-ASA1,8,8 704.17 (2) (d) This subsection does not apply to week-to-week or month-to-month tenants.

AB561-ASA1, s. 21 Section 21. 704.27 of the statutes is amended to read:

AB561-ASA1,8,24 704.27 Damages for failure of tenant to vacate at end of lease or after notice. If a tenant remains in possession without consent of the tenant's landlord after expiration of a lease or termination of a tenancy by notice given by either the landlord or the tenant, or after termination by valid agreement of the parties, the landlord may shall, at the landlord's discretion, recover from the tenant damages suffered by the landlord because of the failure of the tenant to vacate within the time required. In absence of proof of greater damages, the landlord may shall recover as minimum damages twice the rental value apportioned on a daily basis for the time the tenant remains in possession. As used in this section, rental value means the amount for which the premises might reasonably have been rented, but not less than the amount actually paid or payable by the tenant for the prior rental period, and includes the money equivalent of any obligations undertaken by the tenant as part of the rental agreement, such as payment of taxes, insurance and repairs. Nothing in this section prevents a landlord from seeking and recovering any other damages to which the landlord may be entitled.

AB561-ASA1, s. 22 Section 22. 704.28 of the statutes is created to read:

AB561-ASA1,9,5 704.28 Withholding from and return of security deposits. (1) Standard withholding provisions. When a landlord returns a security deposit to a tenant after the tenant vacates the premises, the landlord may withhold from the full amount of the security deposit only amounts reasonably necessary to pay for any of the following:

AB561-ASA1,9,7 (a) Except as provided in sub. (3), tenant damage, waste, or neglect of the premises.

AB561-ASA1,9,8 (b) Unpaid rent for which the tenant is legally responsible, subject to s. 704.29.

AB561-ASA1,9,10 (c) Payment that the tenant owes under the rental agreement for utility service provided by the landlord but not included in the rent.

AB561-ASA1,9,13 (d) Payment that the tenant owes for direct utility service provided by a government-owned utility, to the extent that the landlord becomes liable for the tenant's nonpayment.

AB561-ASA1,9,16 (e) Unpaid monthly municipal permit fees assessed against the tenant by a local unit of government under s. 66.0435 (3), to the extent that the landlord becomes liable for the tenant's nonpayment.

AB561-ASA1,9,18 (f) Any other payment for a reason provided in a nonstandard rental provision document described in sub. (2).

AB561-ASA1,9,25 (2) Nonstandard rental provisions. Except as provided in sub. (3), a rental agreement may include one or more nonstandard rental provisions that authorize the landlord to withhold amounts from the tenant's security deposit for reasons not specified in sub. (1) (a) to (e). Any such nonstandard rental provisions shall be provided to the tenant in a separate written document entitled "NONSTANDARD RENTAL PROVISIONS." The landlord shall specifically identify and discuss each nonstandard rental provision with the tenant before the tenant enters into a rental agreement with the landlord. If the tenant signs a nonstandard rental provision, it is rebuttably presumed that the landlord has specifically identified and discussed the nonstandard rental provision with the tenant and that the tenant has agreed to it.

AB561-ASA1,10,8 (3) Normal wear and tear. This section does not authorize a landlord to withhold any amount from a security deposit for normal wear and tear, or for other damages or losses for which the tenant cannot reasonably be held responsible under applicable law.

AB561-ASA1,10,11 (4) Timing for return. A landlord shall deliver or mail to a tenant the full amount of any security deposit paid by the tenant, less any amounts that may be withheld under subs. (1) and (2), within 21 days after any of the following:

AB561-ASA1,10,13 (a) If the tenant vacates the premises on the termination date of the rental agreement, the date on which the rental agreement terminates.

AB561-ASA1,10,17 (b) If the tenant vacates the premises before the termination date of the rental agreement, the date on which the tenant's rental agreement terminates or, if the landlord rerents the premises before the tenant's rental agreement terminates, the date on which the new tenant's tenancy begins.

AB561-ASA1,10,20 (c) If the tenant vacates the premises after the termination date of the rental agreement, the date on which the landlord learns that the tenant has vacated the premises.

AB561-ASA1,10,23 (d) If the tenant is evicted, the date on which a writ of restitution is executed or the date on which the landlord learns that the tenant has vacated the premises, whichever occurs first.

AB561-ASA1, s. 23 Section 23. 704.44 (intro.) of the statutes is amended to read:

AB561-ASA1,11,3 704.44 Rental agreement that restricts access to contains certain services provisions is void. (intro.) A Notwithstanding s. 704.02, a rental agreement is void and unenforceable if it allows does any of the following:

AB561-ASA1,11,6 (1m) Allows a landlord in a residential tenancy to do any of the following because a tenant has contacted an entity for law enforcement services, health services, or safety services:

AB561-ASA1, s. 24 Section 24. 704.44 (1) of the statutes is renumbered 704.44 (1m) (a).

AB561-ASA1, s. 25 Section 25. 704.44 (2) of the statutes is renumbered 704.44 (1m) (b).

AB561-ASA1, s. 26 Section 26. 704.44 (2m) of the statutes is created to read:

AB561-ASA1,11,11 704.44 (2m) Authorizes the eviction or exclusion of a tenant from the premises, other than by judicial eviction procedures as provided under ch. 799.

AB561-ASA1, s. 27 Section 27. 704.44 (3) of the statutes is renumbered 704.44 (1m) (c).

AB561-ASA1, s. 28 Section 28. 704.44 (3m) of the statutes is created to read:

AB561-ASA1,11,16 704.44 (3m) Provides for an acceleration of rent payments in the event of tenant default or breach of obligations under the rental agreement, or otherwise waives the landlord's obligation to mitigate damages as provided in s. 704.29.

AB561-ASA1, s. 29 Section 29. 704.44 (4) of the statutes is renumbered 704.44 (1m) (d).

AB561-ASA1, s. 30 Section 30. 704.44 (4m) of the statutes is created to read:

AB561-ASA1,11,22 704.44 (4m) Requires payment by the 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 prevent a landlord or tenant from recovering costs or attorney fees under a court order under ch. 799 or 814.

AB561-ASA1, s. 31 Section 31. 704.44 (5) of the statutes is renumbered 704.44 (1m) (e) and amended to read:

AB561-ASA1,12,2 704.44 (1m) (e) Threaten to take any action under subs. (1) to (4) pars. (a) to (d).

AB561-ASA1, s. 32 Section 32. 704.44 (5m) of the statutes is created to read:

AB561-ASA1,12,5 704.44 (5m) Authorizes the landlord or an agent of the landlord to confess judgment against the tenant in any action arising under the rental agreement.

AB561-ASA1, s. 33 Section 33. 704.44 (6) of the statutes is created to read:

AB561-ASA1,12,11 704.44 (6) States that the landlord is not liable for property damage or personal injury caused by negligent acts or omissions of the landlord. This subsection does not affect ordinary maintenance obligations of a tenant under s. 704.07 or assumed by a tenant under a rental agreement or other written agreement between the landlord and the tenant.

AB561-ASA1, s. 34 Section 34. 704.44 (7) of the statutes is created to read:

AB561-ASA1,12,13 704.44 (7) Imposes liability on a tenant for any of the following:

AB561-ASA1,12,14 (a) Personal injury arising from causes clearly beyond the tenant's control.

AB561-ASA1,12,18 (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 of a tenant under s. 704.07 or assumed by a tenant under a rental agreement or other written agreement between the landlord and the tenant.

AB561-ASA1, s. 35 Section 35. 704.44 (8) of the statutes is created to read:

AB561-ASA1,12,22 704.44 (8) Waives 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 the tenant's tenancy.

AB561-ASA1, s. 36 Section 36. 704.95 of the statutes is created to read:

AB561-ASA1,13,4 704.95 Practices regulated by the department of agriculture, trade and consumer protection. Practices in violation of this chapter may also constitute unfair methods of competition or unfair trade practices under s. 100.20. However, the department of agriculture, trade and consumer protection may not issue an order or promulgate a rule under s. 100.20 that changes any right or duty arising under this chapter.

AB561-ASA1, s. 37 Section 37. 799.40 (1m) of the statutes is created to read:

AB561-ASA1,13,9 799.40 (1m) Acceptance of rent. If a landlord commences an action under this section against a tenant whose tenancy has been terminated for failure to pay rent, the action under this section may not be dismissed solely because the landlord accepts past due rent from the tenant after the termination of the tenant's tenancy.

AB561-ASA1, s. 38 Section 38 . Initial applicability.

AB561-ASA1,13,14 (1) Disposal of property. The treatment of sections 321.62 (15) (a), 704.05 (5) (title), (a) (title), (intro.), 1., 2., and 3., (am), (b), (c), and (d), and 704.11 of the statutes first applies to property left behind by a tenant on the effective date of this subsection.

AB561-ASA1,13,17 (2) Damages for failure to vacate. The treatment of section 704.27 of the statutes first applies to actions for damages, including eviction actions, that are commenced on the effective date of this subsection.

AB561-ASA1,13,18 (3) Return of security deposits.

AB561-ASA1,13,22 (a) Timing for return. Except as provided in paragraph (b ), the treatment of section 704.28 (4) (b) of the statutes first applies to tenants vacating before the termination date of a rental agreement who vacate the premises on the effective date of this paragraph.

AB561-ASA1,14,2 (b) Inconsistent provision. If a rental agreement that is in effect on the effective date of this paragraph contains a provision that is inconsistent with the treatment of section 704.28 (4) (b) of the statutes, the treatment of section 704.28 (4) (b) of the statutes first applies to that rental agreement with respect to the timing of returning a security deposit upon renewal.

AB561-ASA1,14,5 (4) Severability of provisions. The treatment of section 704.02 of the statutes first applies to rental agreements that are entered into or renewed on the effective date of this subsection.

AB561-ASA1,14,6 (End)