2011 - 2012 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2011 SENATE BILL 466
February 29, 2012 - Offered by Senator Lasee.
1An Act to repeal
704.05 (5) (a) 3. and 704.05 (5) (d); to renumber
704.44 (1), 2
704.44 (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.;
321.62 (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
704.05 (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), 8
704.44 (3m), 704.44 (4m), 704.44 (5m), 704.44 (6), 704.44 (7), 704.44 (8), 704.95 9
and 799.40 (1m) of the statutes; relating to: miscellaneous landlord-tenant
10provisions, prohibiting a local government from imposing a moratorium on
11eviction actions, and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
266.1010 Moratorium on evictions. (1)
In this section, "political subdivision" 3
has the meaning given in s. 66.1011 (1m) (e).
A political subdivision may not enact or enforce an ordinance that imposes 5
a moratorium on a landlord from pursuing an eviction action under ch. 799 against 6
a tenant of the landlord's residential or commercial property.
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 9
does not apply and may not be enforced.
SB466-SSA1, s. 2
321.62 (15) (a) of the statutes is amended to read:
(a) Notwithstanding ss. 704.05 (5) and s.
704.90, no person may 12
enforce a lien for storage of any household goods, furniture, or personal effects of a 13
service member during the period in which the service member is in state active duty 14
and for 90 days after the member's completion of state active duty, except as 15
permitted by a court order under par. (b).
17704.02 Severability of rental agreement provisions.
The provisions of a 18
rental agreement are severable. If any provision of a rental agreement is rendered 19
void or unenforceable by reason of any statute, rule, regulation, or judicial order, the 20
invalidity or unenforceability of that provision does not affect other provisions of the 21
rental agreement that can be given effect without the invalid provision.
704.03 (1) Original agreement. A Notwithstanding s. 704.02, a
lease for more 24
than a year, or a contract to make such a lease, is not enforceable unless it meets the 25
requirements of s. 706.02 and in addition sets forth the amount of rent or other
consideration, the time of commencement and expiration of the lease,
and a 2
reasonably definite description of the premises, or unless a writing
, including by
3means of electronic mail or facsimile transmission,
signed by the landlord and the 4
tenant sets forth the amount of rent or other consideration, the duration of the lease, 5
and a reasonably definite description of the premises and the commencement date 6
is established by entry of the tenant into possession under the writing. Sections 7
704.05 and 704.07 govern as to matters within the scope of such sections and not 8
provided for in such written lease or contract.
704.05 (1) When section applicable.
So far as applicable, this section governs 11
the rights and duties of the landlord and tenant in the absence of any inconsistent 12
provision in writing signed by both the landlord and the tenant.
This Except as
13otherwise provided in this section, this
section applies to any tenancy.
SB466-SSA1, s. 6
704.05 (5) (title) of the statutes is amended to read:
(title) Storage or disposition Disposition of personalty left by
SB466-SSA1, s. 7
704.05 (5) (a) (title) of the statutes is repealed and recreated to read:
(a) (title) At the landlord's discretion.
SB466-SSA1, s. 8
704.05 (5) (a) (intro.) and 1. of the statutes are consolidated, 20
renumbered 704.05 (5) (a) 1. and amended to read:
(a) 1. If a tenant removes from the premises and leaves personal 22
property, 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
landlord 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
(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
landlord 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
any costs of sale and any storage charges if the landlord has first stored the 22
personalty 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 2
administration for deposit in the appropriation under s. 20.505 (7) (h).
(am) Exception for medical items.
If the personal property that the 6
tenant leaves behind is prescription medication or prescription medical equipment, 7
the landlord shall hold the property for 7 days from the date on which the landlord 8
discovers the property. After that time, the landlord may dispose of the property in 9
the manner that the landlord determines is appropriate, but shall promptly return 10
the property to the tenant if the landlord receives a request for its return before the 11
landlord disposes of it.
(b) Notice required if property is a manufactured or mobile home or
1. In this paragraph:
a. "Manufactured home" has the meaning given in s. 101.91 (2).
b. "Mobile home" has the meaning given in s. 101.91 (10), but does not include 17
a recreational vehicle, as defined in s. 340.01 (48r).
c. "Titled vehicle" means a vehicle, as defined in s. 340.01 (74), for which a 19
certificate of title has been issued by any agency of this state or another state.
2. If the abandoned personal property is a manufactured home, mobile home, 21
or titled vehicle, before disposing of the abandoned property the landlord shall give 22
notice of the landlord's intent to dispose of the property by sale or other appropriate 23
means to all of the following:
a. The tenant, personally or by regular or certified mail addressed to the 25
tenant's last-known address.
b. Any secured party of which the landlord has actual notice, personally or by 2
regular or certified mail addressed to the secured party's last-known address.
(c) Rights of 3rd persons.
The landlord's lien and
power to dispose 5
as provided by this subsection apply applies
to any property left on the premises by 6
the 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 8
subsection applies notwithstanding any
rights of others existing under any claim of 9
ownership or security interest, but is subject to s. 321.62
. The tenant or any secured 10
party has the right to redeem the property at any time before the landlord has 11
disposed 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
(cm) Inapplicability to self-storage facilities.
This subsection does 17
not apply to a lessee of a self-storage unit or space within a self-storage facility 18
under s. 704.90.
704.07 (1) Application of section.
This section applies to any nonresidential 22
tenancy if there is no contrary provision in writing signed by both parties and to all 23
residential tenancies. An agreement to waive the requirements of this section in a 24
residential tenancy, including an agreement in a rental agreement,
is void. Nothing
in this section is intended to affect rights and duties arising under other provisions 2
of the statutes.
(bm) A landlord shall disclose to a prospective tenant, before 5
entering into a rental agreement with or accepting any earnest money or security 6
deposit from the prospective tenant, any building code or housing code violation to 7
which all of the following apply: