SB466, s. 19
704.27 of the statutes is amended to read:
4704.27 Damages for failure of tenant to vacate at end of lease or after
If a tenant remains in possession without consent of the tenant's landlord 6
after expiration of a lease or termination of a tenancy by notice given by either the 7
landlord or the tenant, or after termination by valid agreement of the parties, the 8
landlord may shall, at the landlord's discretion,
recover from the tenant damages 9
suffered by the landlord because of the failure of the tenant to vacate within the time 10
required. In absence of proof of greater damages, the landlord may shall
minimum damages twice the rental value apportioned on a daily basis for the time 12
the tenant remains in possession. As used in this section, rental value means the 13
amount for which the premises might reasonably have been rented, but not less than 14
the amount actually paid or payable by the tenant for the prior rental period, and 15
includes the money equivalent of any obligations undertaken by the tenant as part 16
of 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.
SB466, s. 20
704.28 of the statutes is created to read:
20704.28 Withholding from security deposits. (1) Standard provisions. 21
When a landlord returns a security deposit to a tenant after the tenant vacates the 22
premises, the landlord may withhold from the full amount of the security deposit 23
only amounts reasonably necessary to pay for any of the following:
(a) Tenant damage, waste, or neglect of the premises.
(b) Unpaid rent for which the tenant is legally responsible, subject to s. 704.29.
(c) Payment that the tenant owes under the rental agreement for utility service 2
provided by the landlord but not included in the rent.
(d) Payment that the tenant owes for direct utility service provided by a 4
government-owned utility, to the extent that the landlord becomes liable for the 5
(e) Unpaid monthly municipal permit fees assessed against the tenant by a 7
local unit of government under s. 66.0435 (3), to the extent that the landlord becomes 8
liable for the tenant's nonpayment.
(f) Any other payment for a reason provided in a nonstandard rental provision 10
document described in sub. (2).
11(2) Nonstandard rental provisions.
Except as provided in sub. (3), a rental 12
agreement may include one or more nonstandard rental provisions that authorize 13
the landlord to withhold amounts from the tenant's security deposit for reasons not 14
specified in sub. (1) (a) to (e). Any such nonstandard rental provisions shall be 15
provided to the tenant in a separate written document entitled "NONSTANDARD 16
RENTAL PROVISIONS." The landlord shall specifically identify and discuss each 17
nonstandard rental provision with the tenant before the tenant enters into a rental 18
agreement with the landlord. If the tenant signs a nonstandard rental provision, it 19
is rebuttably presumed that the landlord has specifically identified and discussed 20
the nonstandard rental provision with the tenant and that the tenant has agreed to 21
22(3) Normal wear and tear.
This section does not authorize a landlord to 23
withhold any amount from a security deposit for normal wear and tear, or for other 24
damages or losses for which the tenant cannot reasonably be held responsible under 25
SB466, s. 21
704.29 (title) of the statutes is amended to read:
(title) Recovery of rent and damages by landlord; mitigation;
3return of security deposit.
SB466, s. 22
704.29 (5) of the statutes is created to read:
704.29 (5) Return of security deposit.
If a tenant under a rental agreement 6
who has paid a security deposit vacates the premises before the termination date of 7
the rental agreement, the landlord shall deliver or mail to the tenant the full amount 8
of the security deposit, less any amounts that may be withheld under s. 704.28, 9
within 21 days after the date on which the tenant's rental agreement terminates or, 10
if the landlord rerents the premises before the tenant's rental agreement terminates, 11
within 21 days after the new tenant's tenancy begins.
SB466, s. 23
704.44 (intro.) of the statutes is amended to read:
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 16
following because a tenant has contacted an entity for law enforcement services, 17
health services, or safety services is void and unenforceable
SB466, s. 24
799.40 (1m) of the statutes is created to read:
799.40 (1m) Acceptance of rent.
If a landlord commences an action under this 20
section against a tenant whose tenancy has been terminated for failure to pay rent, 21
the action under this section may not be dismissed solely because the landlord 22
accepts past due rent from the tenant after the termination of the tenant's tenancy.
(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
applies to property left behind by a tenant under a tenancy commenced, or a lease 2
entered into or renewed, on the effective date of this subsection.
(2) Damages for failure to vacate.
The treatment of section 704.27 of the 4
statutes first applies to actions for damages, including eviction actions, that are 5
commenced on the effective date of this subsection.
(3) Return of security deposits.
(a) Timing for return.
Except as provided in paragraph (b
), the treatment of 8
section 704.29 (5) of the statutes first applies to tenants vacating before the 9
termination date of a rental agreement who vacate the premises on the effective date 10
of this paragraph.
If a rental agreement that is in effect on the effective 12
date of this paragraph contains a provision that is inconsistent with the treatment 13
of section 704.29 (5) of the statutes, the treatment of section 704.29 (5) of the statutes 14
first applies to that rental agreement with respect to the timing of returning a 15
security deposit upon renewal.
(4) Void provision and severability of provisions.
The treatment of sections 17
704.02 and 704.44 (intro.) of the statutes first applies to rental agreements that are 18
entered into or renewed on the effective date of this subsection.