Feed for /2011/related/proposals/ab561 PDF
AB561, s. 16 12Section 16. 704.08 of the statutes is created to read:
AB561,8,18 13704.08 Information check-in sheet. A landlord shall provide to a
14residential tenant when the tenant enters into a new rental agreement a
15standardized information check-in sheet that contains an itemized description of
16the condition of the premises at the time of check-in. The landlord is not required
17to provide the information check-in sheet to a tenant upon renewal of a rental
18agreement.
AB561, s. 17 19Section 17. 704.11 of the statutes is amended to read:
AB561,8,23 20704.11 Lien of landlord. Except as provided in ss. 704.05 (5), 704.90 and
21779.43 or by express agreement of the parties, the landlord has no right to a lien on
22the property of the tenant; the common-law right of a landlord to distrain for rent
23is abolished.
AB561, s. 18 24Section 18. 704.17 (2) (d) of the statutes is created to read:
AB561,9,2
1704.17 (2) (d) This subsection does not apply to week-to-week or
2month-to-month tenants.
AB561, s. 19 3Section 19. 704.27 of the statutes is amended to read:
AB561,9,18 4704.27 Damages for failure of tenant to vacate at end of lease or after
5notice.
If a tenant remains in possession without consent of the tenant's landlord
6after expiration of a lease or termination of a tenancy by notice given by either the
7landlord or the tenant, or after termination by valid agreement of the parties, the
8landlord may shall, at the landlord's discretion, recover from the tenant damages
9suffered by the landlord because of the failure of the tenant to vacate within the time
10required. In absence of proof of greater damages, the landlord may shall recover as
11minimum damages twice the rental value apportioned on a daily basis for the time
12the tenant remains in possession. As used in this section, rental value means the
13amount for which the premises might reasonably have been rented, but not less than
14the amount actually paid or payable by the tenant for the prior rental period, and
15includes the money equivalent of any obligations undertaken by the tenant as part
16of the rental agreement, such as payment of taxes, insurance and repairs. Nothing
17in this section prevents a landlord from seeking and recovering any other damages
18to which the landlord may be entitled.
AB561, s. 20 19Section 20. 704.28 of the statutes is created to read:
AB561,9,23 20704.28 Withholding from security deposits. (1) Standard provisions.
21When a landlord returns a security deposit to a tenant after the tenant vacates the
22premises, the landlord may withhold from the full amount of the security deposit
23only amounts reasonably necessary to pay for any of the following:
AB561,9,2424 (a) Tenant damage, waste, or neglect of the premises.
AB561,9,2525 (b) Unpaid rent for which the tenant is legally responsible, subject to s. 704.29.
AB561,10,2
1(c) Payment that the tenant owes under the rental agreement for utility service
2provided by the landlord but not included in the rent.
AB561,10,53 (d) Payment that the tenant owes for direct utility service provided by a
4government-owned utility, to the extent that the landlord becomes liable for the
5tenant's nonpayment.
AB561,10,86 (e) Unpaid monthly municipal permit fees assessed against the tenant by a
7local unit of government under s. 66.0435 (3), to the extent that the landlord becomes
8liable for the tenant's nonpayment.
AB561,10,109 (f) Any other payment for a reason provided in a nonstandard rental provision
10document described in sub. (2).
AB561,10,21 11(2) Nonstandard rental provisions. Except as provided in sub. (3), a rental
12agreement may include one or more nonstandard rental provisions that authorize
13the landlord to withhold amounts from the tenant's security deposit for reasons not
14specified in sub. (1) (a) to (e). Any such nonstandard rental provisions shall be
15provided to the tenant in a separate written document entitled "NONSTANDARD
16RENTAL PROVISIONS." The landlord shall specifically identify and discuss each
17nonstandard rental provision with the tenant before the tenant enters into a rental
18agreement with the landlord. If the tenant signs a nonstandard rental provision, it
19is rebuttably presumed that the landlord has specifically identified and discussed
20the nonstandard rental provision with the tenant and that the tenant has agreed to
21it.
AB561,10,25 22(3) Normal wear and tear. This section does not authorize a landlord to
23withhold any amount from a security deposit for normal wear and tear, or for other
24damages or losses for which the tenant cannot reasonably be held responsible under
25applicable law.
AB561, s. 21
1Section 21. 704.29 (title) of the statutes is amended to read:
AB561,11,3 2704.29 (title) Recovery of rent and damages by landlord; mitigation;
3return of security deposit
.
AB561, s. 22 4Section 22. 704.29 (5) of the statutes is created to read:
AB561,11,115 704.29 (5) Return of security deposit. If a tenant under a rental agreement
6who has paid a security deposit vacates the premises before the termination date of
7the rental agreement, the landlord shall deliver or mail to the tenant the full amount
8of the security deposit, less any amounts that may be withheld under s. 704.28,
9within 21 days after the date on which the tenant's rental agreement terminates or,
10if the landlord rerents the premises before the tenant's rental agreement terminates,
11within 21 days after the new tenant's tenancy begins.
AB561, s. 23 12Section 23. 704.44 (intro.) of the statutes is amended to read:
AB561,11,17 13704.44 Rental Provision in rental agreement that restricts access to
14certain services is void.
(intro.) A provision in a rental agreement is void and
15unenforceable if it
that allows a landlord in a residential tenancy to do any of the
16following because a tenant has contacted an entity for law enforcement services,
17health services, or safety services is void and unenforceable:
AB561, s. 24 18Section 24. 799.40 (1m) of the statutes is created to read:
AB561,11,2219 799.40 (1m) Acceptance of rent. If a landlord commences an action under this
20section against a tenant whose tenancy has been terminated for failure to pay rent,
21the action under this section may not be dismissed solely because the landlord
22accepts past due rent from the tenant after the termination of the tenant's tenancy.
AB561, s. 25 23Section 25 . Initial applicability.
AB561,12,224 (1) Disposal of property. The treatment of sections 321.62 (15) (a), 704.05 (5)
25(title), (a) (title), (intro.), 1., 2., and 3., (c), and (d), and 704.11 of the statutes first

1applies to property left behind by a tenant under a tenancy commenced, or a lease
2entered into or renewed, on the effective date of this subsection.
AB561,12,53 (2) Damages for failure to vacate. The treatment of section 704.27 of the
4statutes first applies to actions for damages, including eviction actions, that are
5commenced on the effective date of this subsection.
AB561,12,66 (3) Return of security deposits.
AB561,12,107 (a) Timing for return. Except as provided in paragraph (b ), the treatment of
8section 704.29 (5) of the statutes first applies to tenants vacating before the
9termination date of a rental agreement who vacate the premises on the effective date
10of this paragraph.
AB561,12,1511 (b) Inconsistent provision. If a rental agreement that is in effect on the effective
12date of this paragraph contains a provision that is inconsistent with the treatment
13of section 704.29 (5) of the statutes, the treatment of section 704.29 (5) of the statutes
14first applies to that rental agreement with respect to the timing of returning a
15security deposit upon renewal.
AB561,12,1816 (4) Void provision and severability of provisions. The treatment of sections
17704.02 and 704.44 (intro.) of the statutes first applies to rental agreements that are
18entered into or renewed on the effective date of this subsection.
AB561,12,1919 (End)
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