LRBs0373/1
PJK&MES:med&cjs:rs
2011 - 2012 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2011 ASSEMBLY BILL 561
March 1, 2012 - Offered by Representative Stroebel.
AB561-ASA1,1,11
1An Act to repeal 704.05 (5) (a) 3. and 704.05 (5) (d);
to renumber 704.44 (1),
2704.44 (2), 704.44 (3) and 704.44 (4);
to renumber and amend 704.44 (5);
to
3consolidate, renumber and amend 704.05 (5) (a) (intro.) and 1.;
to amend
4321.62 (15) (a), 704.03 (1), 704.05 (1), 704.05 (5) (title), 704.05 (5) (a) 2., 704.05
5(5) (c), 704.07 (1), 704.11, 704.27 and 704.44 (intro.);
to repeal and recreate
6704.05 (5) (a) (title); and
to create 66.1010, 704.02, 704.05 (5) (am), 704.05 (5)
7(b), 704.05 (5) (cm), 704.07 (2) (bm), 704.08, 704.17 (2) (d), 704.28, 704.44 (2m),
8704.44 (3m), 704.44 (4m), 704.44 (5m), 704.44 (6), 704.44 (7), 704.44 (8), 704.95
9and 799.40 (1m) of the statutes;
relating to: miscellaneous landlord-tenant
10provisions and prohibiting a local government from imposing a moratorium on
11eviction actions.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB561-ASA1,2,3
266.1010 Moratorium on evictions. (1) In this section, "political subdivision"
3has the meaning given in s. 66.1011 (1m) (e).
AB561-ASA1,2,6
4(2) A political subdivision may not enact or enforce an ordinance that imposes
5a moratorium on a landlord from pursuing an eviction action under ch. 799 against
6a tenant of the landlord's residential or commercial property.
AB561-ASA1,2,9
7(3) If a political subdivision has in effect on the effective date of this subsection
8.... [LRB inserts date], an ordinance that is inconsistent with sub. (2), the ordinance
9does not apply and may not be enforced.
AB561-ASA1, s. 2
10Section
2. 321.62 (15) (a) of the statutes is amended to read:
AB561-ASA1,2,1511
321.62
(15) (a) Notwithstanding
ss. 704.05 (5) and s. 704.90, no person may
12enforce a lien for storage of any household goods, furniture, or personal effects of a
13service member during the period in which the service member is in state active duty
14and for 90 days after the member's completion of state active duty, except as
15permitted by a court order under par. (b).
AB561-ASA1,2,21
17704.02 Severability of rental agreement provisions. The provisions of a
18rental agreement are severable. If any provision of a rental agreement is rendered
19void or unenforceable by reason of any statute, rule, regulation, or judicial order, the
20invalidity or unenforceability of that provision does not affect other provisions of the
21rental agreement that can be given effect without the invalid provision.
AB561-ASA1,3,823
704.03
(1) Original agreement. A Notwithstanding s. 704.02, a lease for more
24than a year, or a contract to make such a lease, is not enforceable unless it meets the
25requirements of s. 706.02 and in addition sets forth the amount of rent or other
1consideration, the time of commencement and expiration of the lease
, and a
2reasonably definite description of the premises, or unless a writing
, including by
3means of electronic mail or facsimile transmission, signed by the landlord and the
4tenant sets forth the amount of rent or other consideration, the duration of the lease,
5and a reasonably definite description of the premises and the commencement date
6is established by entry of the tenant into possession under the writing. Sections
7704.05 and 704.07 govern as to matters within the scope of such sections and not
8provided for in such written lease or contract.
AB561-ASA1,3,1310
704.05
(1) When section applicable. So far as applicable, this section governs
11the rights and duties of the landlord and tenant in the absence of any inconsistent
12provision in writing signed by both the landlord and the tenant.
This Except as
13otherwise provided in this section, this section applies to any tenancy.
AB561-ASA1, s. 6
14Section
6. 704.05 (5) (title) of the statutes is amended to read:
AB561-ASA1,3,1615
704.05
(5) (title)
Storage or disposition Disposition of personalty left by
16tenant.
AB561-ASA1, s. 7
17Section
7. 704.05 (5) (a) (title) of the statutes is repealed and recreated to read:
AB561-ASA1,3,1818
704.05
(5) (a) (title)
At the landlord's discretion.
AB561-ASA1, s. 8
19Section
8. 704.05 (5) (a) (intro.) and 1. of the statutes are consolidated,
20renumbered 704.05 (5) (a) 1. and amended to read:
AB561-ASA1,4,1121
704.05
(5) (a) 1. If a tenant removes from the premises and leaves personal
22property, the landlord may
do all of the following: 1. Store the personalty, on or off
23the premises, with a lien on the personalty for the actual and reasonable cost of
24removal and storage or, if stored by the landlord, for the actual and reasonable value
25of storage. The landlord shall give written notice of the storage to the tenant within
110 days after the charges begin. The landlord shall give the notice either personally
2or by ordinary mail addressed to the tenant's last-known address and shall state the
3daily charges for storage. The landlord may not include the cost of damages to the
4premises or past or future rent due in the amount demanded for satisfaction of the
5lien. The landlord may not include rent charged for the premises in calculating the
6cost of storage. Medicine and medical equipment are not subject to the lien under
7this subdivision, and presume, in the absence of a written agreement between the
8landlord
shall promptly return them to and the tenant
upon request to the contrary,
9that the tenant has abandoned the personal property and may, subject to par. (am),
10dispose of the abandoned personal property in any manner that the landlord, in its
11sole discretion, determines is appropriate.
AB561-ASA1,5,214
704.05
(5) (a) 2.
Give the tenant notice, personally or by ordinary mail
15addressed to the tenant's last-known address, of the landlord's intent to dispose of
16the personal property by sale or other appropriate means if the property is not
17repossessed by the tenant. If the tenant fails to repossess the property within 30 days
18after the date of personal service or the date of the mailing of the notice, If the
19landlord
may dispose disposes of the property by private or public sale
or any other
20appropriate means. The, the landlord may
deduct from send the proceeds of
the sale
21minus any costs of sale and any storage charges if the landlord has first stored the
22personalty
under subd. 1. If the proceeds minus the costs of sale and minus any
23storage charges are not claimed within 60 days after the date of the sale of the
24personalty, the landlord is not accountable to the tenant for any of the proceeds of the
25sale or the value of the property. The landlord shall send the proceeds of the sale
1minus the costs of the sale and minus any storage charges to the department of
2administration for deposit in the appropriation under s. 20.505 (7) (h).
AB561-ASA1,5,115
704.05
(5) (am)
Exception for medical items. If the personal property that the
6tenant leaves behind is prescription medication or prescription medical equipment,
7the landlord shall hold the property for 7 days from the date on which the landlord
8discovers the property. After that time, the landlord may dispose of the property in
9the manner that the landlord determines is appropriate, but shall promptly return
10the property to the tenant if the landlord receives a request for its return before the
11landlord disposes of it.
AB561-ASA1,5,1413
704.05
(5) (b)
Notice required if property is a manufactured or mobile home or
14a vehicle. 1. In this paragraph:
AB561-ASA1,5,1515
a. "Manufactured home" has the meaning given in s. 101.91 (2).
AB561-ASA1,5,1716
b. "Mobile home" has the meaning given in s. 101.91 (10), but does not include
17a recreational vehicle, as defined in s. 340.01 (48r).
AB561-ASA1,5,1918
c. "Titled vehicle" means a vehicle, as defined in s. 340.01 (74), for which a
19certificate of title has been issued by any agency of this state or another state.
AB561-ASA1,5,2320
2. If the abandoned personal property is a manufactured home, mobile home,
21or titled vehicle, before disposing of the abandoned property the landlord shall give
22notice of the landlord's intent to dispose of the property by sale or other appropriate
23means to all of the following:
AB561-ASA1,5,2524
a. The tenant, personally or by regular or certified mail addressed to the
25tenant's last-known address.
AB561-ASA1,6,2
1b. Any secured party of which the landlord has actual notice, personally or by
2regular or certified mail addressed to the secured party's last-known address.
AB561-ASA1,6,144
704.05
(5) (c)
Rights of 3rd persons. The landlord's
lien and power to dispose
5as provided by this subsection
apply applies to any property left on the premises by
6the tenant, whether owned by the tenant or by others.
That lien has priority over
7any ownership or security interest, and the The power to dispose under this
8subsection applies notwithstanding
any rights of others existing under any claim of
9ownership or security interest
, but is subject to s. 321.62. The tenant or any secured
10party has the right to redeem the property at any time before the landlord has
11disposed of it or entered into a contract for its disposition by payment of
the landlord's
12charges under par. (a) for removal, storage, disposition and arranging for the sale any
13expenses that the landlord has incurred with respect to the disposition of the
14property.
AB561-ASA1,6,1816
704.05
(5) (cm)
Inapplicability to self-storage facilities. This subsection does
17not apply to a lessee of a self-storage unit or space within a self-storage facility
18under s. 704.90.
AB561-ASA1,7,221
704.07
(1) Application of section. This section applies to any nonresidential
22tenancy if there is no contrary provision in writing signed by both parties and to all
23residential tenancies. An agreement to waive the requirements of this section in a
24residential tenancy
, including an agreement in a rental agreement, is void. Nothing
1in this section is intended to affect rights and duties arising under other provisions
2of the statutes.
AB561-ASA1,7,74
704.07
(2) (bm) A landlord shall disclose to a prospective tenant, before
5entering into a rental agreement with or accepting any earnest money or security
6deposit from the prospective tenant, any building code or housing code violation to
7which all of the following apply:
AB561-ASA1,7,98
1. The landlord has received notice of the violation from a local housing code
9enforcement agency.
AB561-ASA1,7,1110
2. The violation affects the dwelling unit that is the subject of the prospective
11rental agreement or a common area of the premises.
AB561-ASA1,7,1312
3. The violation presents a significant threat to the prospective tenant's health
13or safety.
AB561-ASA1,7,1414
4. The violation has not been corrected.
