Feed for /2011/related/amendments/sb466/ssa1_sb466 PDF
SB466-SSA1,7,221 704.07 (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.
SB466-SSA1, s. 17 3Section 17. 704.07 (2) (bm) of the statutes is created to read:
SB466-SSA1,7,74 704.07 (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:
SB466-SSA1,7,98 1. The landlord has received notice of the violation from a local housing code
9enforcement agency.
SB466-SSA1,7,1110 2. The violation affects the dwelling unit that is the subject of the prospective
11rental agreement or a common area of the premises.
SB466-SSA1,7,1312 3. The violation presents a significant threat to the prospective tenant's health
13or safety.
SB466-SSA1,7,1414 4. The violation has not been corrected.
SB466-SSA1, s. 18 15Section 18. 704.08 of the statutes is created to read:
SB466-SSA1,7,25 16704.08 Information check-in sheet. A landlord shall provide to a new
17residential tenant when the tenant commences his or her occupancy of the premises
18a standardized information check-in sheet that contains an itemized description of
19the condition of the premises at the time of check-in. The tenant shall be given 7 days
20from the date the tenant commences his or her occupancy to complete the check-in
21sheet and return it to the landlord. The landlord is not required to provide the
22information check-in sheet to a tenant upon renewal of a rental agreement. This
23section does not apply to the rental of a plot of ground on which a manufactured
24home, as defined in s. 704.05 (5) (b) 1. a., or a mobile home, as defined in s. 704.05
25(5) (b) 1. b., may be located.
SB466-SSA1, s. 19
1Section 19. 704.11 of the statutes is amended to read:
SB466-SSA1,8,5 2704.11 Lien of landlord. Except as provided in ss. 704.05 (5), 704.90 and
3779.43 or by express agreement of the parties, the landlord has no right to a lien on
4the property of the tenant; the common-law right of a landlord to distrain for rent
5is abolished.
SB466-SSA1, s. 20 6Section 20. 704.17 (2) (d) of the statutes is created to read:
SB466-SSA1,8,87 704.17 (2) (d) This subsection does not apply to week-to-week or
8month-to-month tenants.
SB466-SSA1, s. 21 9Section 21. 704.27 of the statutes is amended to read:
SB466-SSA1,8,24 10704.27 Damages for failure of tenant to vacate at end of lease or after
11notice.
If a tenant remains in possession without consent of the tenant's landlord
12after expiration of a lease or termination of a tenancy by notice given by either the
13landlord or the tenant, or after termination by valid agreement of the parties, the
14landlord may shall, at the landlord's discretion, recover from the tenant damages
15suffered by the landlord because of the failure of the tenant to vacate within the time
16required. In absence of proof of greater damages, the landlord may shall recover as
17minimum damages twice the rental value apportioned on a daily basis for the time
18the tenant remains in possession. As used in this section, rental value means the
19amount for which the premises might reasonably have been rented, but not less than
20the amount actually paid or payable by the tenant for the prior rental period, and
21includes the money equivalent of any obligations undertaken by the tenant as part
22of the rental agreement, such as payment of taxes, insurance and repairs. Nothing
23in this section prevents a landlord from seeking and recovering any other damages
24to which the landlord may be entitled.
SB466-SSA1, s. 22 25Section 22. 704.28 of the statutes is created to read:
SB466-SSA1,9,5
1704.28 Withholding from and return of security deposits. (1) Standard
2withholding provisions.
When a landlord returns a security deposit to a tenant after
3the tenant vacates the premises, the landlord may withhold from the full amount of
4the security deposit only amounts reasonably necessary to pay for any of the
5following:
SB466-SSA1,9,76 (a) Except as provided in sub. (3), tenant damage, waste, or neglect of the
7premises.
SB466-SSA1,9,88 (b) Unpaid rent for which the tenant is legally responsible, subject to s. 704.29.
SB466-SSA1,9,109 (c) Payment that the tenant owes under the rental agreement for utility service
10provided by the landlord but not included in the rent.
SB466-SSA1,9,1311 (d) Payment that the tenant owes for direct utility service provided by a
12government-owned utility, to the extent that the landlord becomes liable for the
13tenant's nonpayment.
SB466-SSA1,9,1614 (e) Unpaid monthly municipal permit fees assessed against the tenant by a
15local unit of government under s. 66.0435 (3), to the extent that the landlord becomes
16liable for the tenant's nonpayment.
SB466-SSA1,9,1817 (f) Any other payment for a reason provided in a nonstandard rental provision
18document described in sub. (2).
SB466-SSA1,9,25 19(2) Nonstandard rental provisions. Except as provided in sub. (3), a rental
20agreement may include one or more nonstandard rental provisions that authorize
21the landlord to withhold amounts from the tenant's security deposit for reasons not
22specified in sub. (1) (a) to (e). Any such nonstandard rental provisions shall be
23provided to the tenant in a separate written document entitled "NONSTANDARD
24RENTAL PROVISIONS." The landlord shall specifically identify and discuss each
25nonstandard rental provision with the tenant before the tenant enters into a rental

1agreement with the landlord. If the tenant signs a nonstandard rental provision, it
2is rebuttably presumed that the landlord has specifically identified and discussed
3the nonstandard rental provision with the tenant and that the tenant has agreed to
4it.
SB466-SSA1,10,8 5(3) Normal wear and tear. This section does not authorize a landlord to
6withhold any amount from a security deposit for normal wear and tear, or for other
7damages or losses for which the tenant cannot reasonably be held responsible under
8applicable law.
SB466-SSA1,10,11 9(4) Timing for return. A landlord shall deliver or mail to a tenant the full
10amount of any security deposit paid by the tenant, less any amounts that may be
11withheld under subs. (1) and (2), within 21 days after any of the following:
SB466-SSA1,10,1312 (a) If the tenant vacates the premises on the termination date of the rental
13agreement, the date on which the rental agreement terminates.
SB466-SSA1,10,1714 (b) If the tenant vacates the premises before the termination date of the rental
15agreement, the date on which the tenant's rental agreement terminates or, if the
16landlord rerents the premises before the tenant's rental agreement terminates, the
17date on which the new tenant's tenancy begins.
SB466-SSA1,10,2018 (c) If the tenant vacates the premises after the termination date of the rental
19agreement, the date on which the landlord learns that the tenant has vacated the
20premises.
SB466-SSA1,10,2321 (d) If the tenant is evicted, the date on which a writ of restitution is executed
22or the date on which the landlord learns that the tenant has vacated the premises,
23whichever occurs first.
SB466-SSA1, s. 23 24Section 23. 704.44 (intro.) of the statutes is amended to read:
SB466-SSA1,11,3
1704.44 Rental agreement that restricts access to contains certain
2services provisions is void. (intro.) A Notwithstanding s. 704.02, a rental
3agreement is void and unenforceable if it allows does any of the following:
SB466-SSA1,11,6 4(1m) Allows a landlord in a residential tenancy to do any of the following
5because a tenant has contacted an entity for law enforcement services, health
6services, or safety services:
SB466-SSA1, s. 24 7Section 24. 704.44 (1) of the statutes is renumbered 704.44 (1m) (a).
SB466-SSA1, s. 25 8Section 25. 704.44 (2) of the statutes is renumbered 704.44 (1m) (b).
SB466-SSA1, s. 26 9Section 26. 704.44 (2m) of the statutes is created to read:
SB466-SSA1,11,1110 704.44 (2m) Authorizes the eviction or exclusion of a tenant from the premises,
11other than by judicial eviction procedures as provided under ch. 799.
SB466-SSA1, s. 27 12Section 27. 704.44 (3) of the statutes is renumbered 704.44 (1m) (c).
SB466-SSA1, s. 28 13Section 28. 704.44 (3m) of the statutes is created to read:
SB466-SSA1,11,1614 704.44 (3m) Provides for an acceleration of rent payments in the event of
15tenant default or breach of obligations under the rental agreement, or otherwise
16waives the landlord's obligation to mitigate damages as provided in s. 704.29.
SB466-SSA1, s. 29 17Section 29. 704.44 (4) of the statutes is renumbered 704.44 (1m) (d).
SB466-SSA1, s. 30 18Section 30. 704.44 (4m) of the statutes is created to read:
SB466-SSA1,11,2219 704.44 (4m) Requires payment by the tenant of attorney fees or costs incurred
20by the landlord in any legal action or dispute arising under the rental agreement.
21This subsection does not prevent a landlord or tenant from recovering costs or
22attorney fees under a court order under ch. 799 or 814.
SB466-SSA1, s. 31 23Section 31. 704.44 (5) of the statutes is renumbered 704.44 (1m) (e) and
24amended to read:
SB466-SSA1,12,2
1704.44 (1m) (e) Threaten to take any action under subs. (1) to (4) pars. (a) to
2(d)
.
SB466-SSA1, s. 32 3Section 32. 704.44 (5m) of the statutes is created to read:
SB466-SSA1,12,54 704.44 (5m) Authorizes the landlord or an agent of the landlord to confess
5judgment against the tenant in any action arising under the rental agreement.
SB466-SSA1, s. 33 6Section 33. 704.44 (6) of the statutes is created to read:
SB466-SSA1,12,117 704.44 (6) States that the landlord is not liable for property damage or personal
8injury caused by negligent acts or omissions of the landlord. This subsection does
9not affect ordinary maintenance obligations of a tenant under s. 704.07 or assumed
10by a tenant under a rental agreement or other written agreement between the
11landlord and the tenant.
SB466-SSA1, s. 34 12Section 34. 704.44 (7) of the statutes is created to read:
SB466-SSA1,12,1313 704.44 (7) Imposes liability on a tenant for any of the following:
SB466-SSA1,12,1414 (a) Personal injury arising from causes clearly beyond the tenant's control.
SB466-SSA1,12,1815 (b) Property damage caused by natural disasters or by persons other than the
16tenant or the tenant's guests or invitees. This paragraph does not affect ordinary
17maintenance obligations of a tenant under s. 704.07 or assumed by a tenant under
18a rental agreement or other written agreement between the landlord and the tenant.
SB466-SSA1, s. 35 19Section 35. 704.44 (8) of the statutes is created to read:
SB466-SSA1,12,2220 704.44 (8) Waives any statutory or other legal obligation on the part of the
21landlord to deliver the premises in a fit or habitable condition or to maintain the
22premises during the tenant's tenancy.
SB466-SSA1, s. 36 23Section 36. 704.95 of the statutes is created to read:
SB466-SSA1,13,4 24704.95 Practices regulated by the department of agriculture, trade
25and consumer protection.
Practices in violation of this chapter may also

1constitute unfair methods of competition or unfair trade practices under s. 100.20.
2However, the department of agriculture, trade and consumer protection may not
3issue an order or promulgate a rule under s. 100.20 that changes any right or duty
4arising under this chapter.
SB466-SSA1, s. 37 5Section 37. 799.40 (1m) of the statutes is created to read:
SB466-SSA1,13,96 799.40 (1m) Acceptance of rent. If a landlord commences an action under this
7section against a tenant whose tenancy has been terminated for failure to pay rent,
8the action under this section may not be dismissed solely because the landlord
9accepts past due rent from the tenant after the termination of the tenant's tenancy.
SB466-SSA1, s. 38 10Section 38 . Initial applicability.
SB466-SSA1,13,1411 (1) Disposal of property. The treatment of sections 321.62 (15) (a), 704.05 (5)
12(title), (a) (title), (intro.), 1., 2., and 3., (am), (b), (c), and (d), and 704.11 of the statutes
13first applies to property left behind by a tenant on the effective date of this
14subsection.
SB466-SSA1,13,1715 (2) Damages for failure to vacate. The treatment of section 704.27 of the
16statutes first applies to actions for damages, including eviction actions, that are
17commenced on the effective date of this subsection.
SB466-SSA1,13,1818 (3) Return of security deposits.
SB466-SSA1,13,2219 (a) Timing for return. Except as provided in paragraph (b ), the treatment of
20section 704.28 (4) (b) of the statutes first applies to tenants vacating before the
21termination date of a rental agreement who vacate the premises on the effective date
22of this paragraph.
SB466-SSA1,14,223 (b) Inconsistent provision. If a rental agreement that is in effect on the effective
24date of this paragraph contains a provision that is inconsistent with the treatment
25of section 704.28 (4) (b) of the statutes, the treatment of section 704.28 (4) (b) of the

1statutes first applies to that rental agreement with respect to the timing of returning
2a security deposit upon renewal.
SB466-SSA1,14,53 (4) Severability of provisions. The treatment of section 704.02 of the statutes
4first applies to rental agreements that are entered into or renewed on the effective
5date of this subsection.
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