2013 Wisconsin Act 76

(1) As provided in section 106.50 (5m) (dm) of the Wisconsin statutes, a tenant has a defense to an eviction action if the tenant can prove that the landlord knew, or should have known, the tenant is a victim of domestic abuse, sexual assault, or stalking and that the eviction action is based on conduct related to domestic abuse, sexual assault, or stalking committed by either of the following:

(a) A person who was not the tenant's invited guest.

(b) A person who was the tenant's invited guest, but the tenant has done either of the following:

1. Sought an injunction barring the person from the premises.

2. Provided a written statement to the landlord stating that the person will no longer be an invited guest of the tenant and the tenant has not subsequently invited the person to be the tenant's guest.

(2) A tenant who is a victim of domestic abuse, sexual assault, or stalking may have the right to terminate the rental agreement in certain limited situations, as provided in section 704.16 of the Wisconsin statutes. If the tenant has safety concerns, the tenant should contact a local victim service provider or law enforcement agency.

(3) A tenant is advised that this notice is only a summary of the tenant's rights and the specific language of the statutes governs in all instances.

76,15 Section 15. 704.16 (3) (a) of the statutes is renumbered 704.16 (3) (a) (intro.) and amended to read:

704.16 (3) (a) (intro.) In this subsection, "offending:

4. "Offending tenant" is a tenant whose tenancy is being terminated under this subsection.

76,16 Section 16. 704.16 (3) (a) 1. of the statutes is created to read:

704.16 (3) (a) 1. "Community" has the meaning given in s. 710.15 (1) (ad).

76,17 Section 17. 704.16 (3) (a) 2. of the statutes is created to read:

704.16 (3) (a) 2. "Manufactured home" has the meaning given in s. 101.91 (2).

76,18 Section 18. 704.16 (3) (a) 3. of the statutes is created to read:

704.16 (3) (a) 3. "Mobile home" has the meaning given in s. 710.15 (1) (b).

76,19 Section 19. 704.16 (3) (b) 1. of the statutes is amended to read:

704.16 (3) (b) 1. The offending tenant commits one or more acts, including verbal threats, that cause another tenant, or a child of that other tenant, who occupies a dwelling unit in the same single-family rental unit, multiunit dwelling, or apartment complex, or a manufactured home or mobile home in the same community, as the offending tenant to face an imminent threat of serious physical harm from the offending tenant if the offending tenant remains on the premises.

76,20 Section 20. 704.28 (2) of the statutes is amended to read:

704.28 (2) Nonstandard rental provisions. Except as provided in sub. (3), a rental agreement may include one or more nonstandard rental provisions that authorize the landlord to withhold amounts from the tenant's security deposit for reasons not specified in sub. (1) (a) to (e). Any such nonstandard rental provisions shall be provided to the tenant in a separate written document entitled "NONSTANDARD RENTAL PROVISIONS." The landlord shall specifically identify and discuss each nonstandard rental provision with the tenant before the tenant enters into a rental agreement with the landlord. If the tenant signs his or her name, or writes his or her initials, by a nonstandard rental provision, it is rebuttably presumed that the landlord has specifically identified and discussed the nonstandard rental provision with the tenant and that the tenant has agreed to it.

76,21 Section 21. 704.28 (4) (b) of the statutes is amended to read:

704.28 (4) (b) If the tenant vacates the premises or is evicted before the termination date of the rental agreement, the date on which the tenant's rental agreement terminates or, if the landlord rerents the premises before the tenant's rental agreement terminates, the date on which the new tenant's tenancy begins.

76,22 Section 22. 704.28 (4) (c) of the statutes is amended to read:

704.28 (4) (c) If the tenant vacates the premises or is evicted after the termination date of the rental agreement, the date on which the landlord learns that the tenant has vacated the premises or has been removed from the premises under s. 799.45 (2).

76,23 Section 23. 704.28 (4) (d) of the statutes is repealed.

76,24 Section 24. 704.28 (5) of the statutes is created to read:

704.28 (5) Application to residential tenancies. This section applies to residential tenancies only.

76,25 Section 25. 704.44 (9) of the statutes is amended to read:

704.44 (9) Allows the landlord to terminate the tenancy of a tenant if a crime is committed based solely on the commission of a crime in or on the rental property, even if the tenant could not reasonably have prevented the if the tenant, or someone who lawfully resides with the tenant, is the victim, as defined in s. 950.02 (4), of that crime.

76,26 Section 26. 704.44 (10) of the statutes is created to read:

704.44 (10) Allows the landlord to terminate the tenancy of a tenant for a crime committed in relation to the rental property and the rental agreement does not include the notice required under s. 704.14.

76,27 Section 27. 704.95 of the statutes is amended to read:

704.95 Practices regulated by the department of agriculture, trade and consumer protection. Practices in violation of this chapter s. 704.28 or 704.44 may also constitute unfair methods of competition or unfair trade practices under s. 100.20. However, the department of agriculture, trade and consumer protection may not issue an order or promulgate a rule under s. 100.20 that changes any right or duty arising under this chapter.

76,28 Section 28. 710.15 (5t) of the statutes is created to read:

710.15 (5t) Termination of tenancy for threat of serious harm. Notwithstanding sub. (5m), nothing in this section prevents termination of a tenancy because of an imminent threat of serious physical harm, as provided in s. 704.16.

76,29 Section 29. 799.05 (3) (b) of the statutes is amended to read:

799.05 (3) (b) Except in eviction actions, the return date for a summons served upon a resident of this state shall be not less than 8 days nor more than 30 days from the issue date, and service shall be made not less than 8 days prior to the return date. In eviction actions, the return date for a summons served upon a resident of this state shall be not less than 5 days nor more than 30 25 days from the issue date, and service shall be made not less than 5 days prior to the return date.

76,30 Section 30. 799.06 (2) of the statutes is amended to read:

799.06 (2) A person may commence and prosecute or defend an action or proceeding under this chapter and may appear in his, her, or its own proper person or by an attorney regularly authorized to practice in the courts of this state. Under this subsection, a person is considered to be acting in his, her, or its own proper person if the appearance is by a full-time member, as defined in s. 183.0102 (15), agent, or authorized employee of the person, or by an agent of the member or an authorized employee of the agent. An assignee of any cause of action under this chapter shall not appear by a full-time authorized employee, unless the employee is an attorney regularly authorized to practice in the courts of this state.

76,31 Section 31. 799.12 (2) of the statutes is amended to read:

799.12 (2) Any circuit court may by rule authorize the service of summons in some or all actions under this chapter, except eviction actions, by mail under sub. (3) in lieu of personal or substituted service under s. 801.11.

76,32 Section 32. 799.12 (3) of the statutes is amended to read:

799.12 (3) If authorized by court rule under sub. (2), service may be made by mail by leaving the original and necessary copies of the summons with the clerk of court, together with the fee prescribed in s. 814.62 (4). The court may by rule shall require the use of certified mail with return receipt requested, in which event for all eviction cases for which service by mail is authorized under sub. (2), and for all other cases may by rule require the use of certified mail with return receipt requested. Whenever the use of certified mail is required, the additional fee prescribed in s. 814.62 (4) shall be paid for each defendant. The clerk shall mail a copy to each defendant at the last-known address as specified in the summons. Service of the summons is considered completed when it is mailed, unless the envelope enclosing the summons has been returned unopened to the clerk prior to the return date. All mailing of summonses shall be done in envelopes upon which the clerk's return address appears, with a request to return to that address. Service by mail to obtain a personal judgment shall be limited to the county where the action is commenced.

76,33 Section 33. 799.20 (4) of the statutes is amended to read:

799.20 (4) Inquiry of defendant who appears on return date. If the defendant appears on the return date of the summons or any adjourned date thereof, the court or circuit court commissioner shall make sufficient inquiry of the defendant to determine whether the defendant claims a defense to the action. If it appears to the court or circuit court commissioner that the defendant claims a defense to the action, the court or circuit court commissioner shall schedule a trial of all the issues involved in the action, unless the parties stipulate otherwise or the action is subject to immediate dismissal. In a residential eviction action, the court or circuit court commissioner shall hold and complete a court or jury trial of the issue of possession of the premises involved in the action within 30 days of the return date of the summons or any adjourned date thereof, unless the parties stipulate otherwise or the action is subject to immediate dismissal.

76,34 Section 34. 799.206 (3) of the statutes is amended to read:

799.206 (3) When all parties appear in person or by their attorneys on the return date in an eviction, garnishment, or replevin action and any party claims that a contest exists, the matter shall be forthwith scheduled for a hearing, to be held as soon as possible before a judge and in the case of an eviction action, not more than 30 days after the return date.

76,35 Section 35. 799.40 (1) of the statutes is amended to read:

799.40 (1) When commenced. A civil action of eviction may be commenced by a person entitled to the possession of real property, or by that person's agent authorized in writing, to remove therefrom any person who is not entitled to either the possession or occupancy of such real property.

76,36 Section 36. 799.40 (1m) of the statutes is amended to read:

799.40 (1m) Acceptance of rent or other payment. If a landlord commences an action under this section against a tenant whose tenancy has been terminated for failure to pay rent or for any other reason, the action under this section may not be dismissed solely because the landlord accepts past due rent or any other payment from the tenant after the termination of the tenant's tenancy serving notice of default or after commencing the action.

76,37 Section 37. 799.42 of the statutes is amended to read:

799.42 Service and filing in eviction actions. The complaint shall be served with the summons when personal or substituted service is had under s. 799.12 (1), (2), or (3).

76,38 Section 38. 799.44 (1) of the statutes is amended to read:

799.44 (1) Order for judgment. In an eviction action, if the court finds that the plaintiff is entitled to possession, the court shall immediately enter an order for judgment shall be for the restitution of the premises to the plaintiff and, if. If an additional cause of action is joined under s. 799.40 (2) and plaintiff prevails thereon, the court shall enter judgment for such other relief as the court orders. Judgment shall be entered accordingly as provided in s. 799.24.

76,39 Section 39. 799.44 (2) of the statutes is amended to read:

799.44 (2) Writ of restitution. At the time of ordering judgment for the restitution of premises, the court shall immediately order that a writ of restitution be issued, and the writ may be delivered to the sheriff for execution in accordance with s. 799.45. No writ shall be executed if received by the sheriff more than 30 days after its issuance.

76,40 Section 40. 799.45 (title) of the statutes is amended to read:

799.45 (title) Execution of writ of restitution; disposal of personal property.

76,41 Section 41. 799.45 (1) of the statutes is amended to read:

799.45 (1) When executed. Upon delivery of a writ of restitution to the sheriff, and after payment to the sheriff of the fee required by s. 814.70 (8), the sheriff shall execute the writ. If the plaintiff, or the plaintiff's attorney or agent, does not notify the sheriff under sub. (3) (am) (3m) that the plaintiff or his or her agent will remove and store or dispose of the property, the sheriff may require that prior to the execution of any writ of restitution the plaintiff deposit a reasonable sum representing the probable cost of removing the defendant's property chargeable to the plaintiff under s. 814.70 (8) and (10) and of the services of deputies under s. 814.70 (8). In case of dispute as to the amount of the required deposit, the amount of that deposit shall be determined by the court under s. 814.70 (10).

76,42 Section 42. 799.45 (2) (b) of the statutes is amended to read:

799.45 (2) (b) Remove If the plaintiff or his or her agent does not notify the sheriff under sub. (3m) that the plaintiff or his or her agent will remove and store or dispose of the personal property, remove or supervise removal from the premises described in the writ, using such reasonable force as may be necessary, all personal property found in the premises not the property of the plaintiff.

76,43 Section 43. 799.45 (2) (bg) of the statutes is amended to read:

799.45 (2) (bg) Assist If requested by the plaintiff or his or her agent, assist the plaintiff or his or her agent in the removal, under sub. (3) (am) (3m), of all personal property found in the premises described in the writ, not the property of the plaintiff, using such reasonable force as may be necessary.

76,44 Section 44. 799.45 (2) (c) of the statutes is amended to read:

799.45 (2) (c) Exercise ordinary care in the removal or supervision of removal of all persons and property from the premises and, in the removal or supervision of removal of personal property under par. (b), and in the handling and storage of all property removed from the premises under par. (b).

76,45 Section 45. 799.45 (3) (title) of the statutes is amended to read:

799.45 (3) (title) Manner of removal and disposition of removed goods by sheriff.

76,46 Section 46. 799.45 (3) (a) of the statutes is amended to read:

799.45 (3) (a) In accomplishing the removal of property from the premises described in the writ, the sheriff is authorized to engage the services of a mover or trucker unless the plaintiff notifies the sheriff under par. (am) sub. (3m) that the plaintiff will remove and store or dispose of the property.

76,47 Section 47. 799.45 (3) (am) (intro.) of the statutes is renumbered 799.45 (3m) and amended to read:

799.45 (3m) Alternative disposition of property by plaintiff. When delivering a writ of restitution to the sheriff in counties other than counties with a population of 500,000 or more, as a complete alternative to the procedure for disposition of the property under sub. (3), the plaintiff or his or her attorney or agent may notify the sheriff that the plaintiff or the plaintiff's agent will be responsible for the removal and storage or disposal of the property that is found in the premises described in the writ and that does not belong to the plaintiff. When notifying the sheriff that the plaintiff or the plaintiff's agent will remove the property, the plaintiff or his or her attorney or agent shall file the bond or insurance policy required under subd. 5. with the clerk of court that issued the writ of restitution in accordance with s. 704.05 (5). If the sheriff is notified that the plaintiff or the plaintiff's agent will be responsible for the removal and storage or disposal of the property under this paragraph subsection, the sheriff shall, in executing the writ of restitution if requested by the plaintiff or his or her agent, supervise the removal and handling of the property by the plaintiff or the plaintiff's agent. The sheriff may prevent the plaintiff or the plaintiff's agent from removing property under this paragraph if the plaintiff or the plaintiff's agent fails to comply with subd. 1., 2., 5. or 6. or if the plaintiff or the plaintiff's agent fails to exercise ordinary care in the removal and handling of the property as required under subd. 3. If the plaintiff or the plaintiff's agent remove and store the property under this paragraph, the plaintiff or the plaintiff's agent shall do all of the following:

76,48 Section 48. 799.45 (3) (am) 1. of the statutes is repealed.

76,49 Section 49. 799.45 (3) (am) 2. of the statutes is repealed.

76,50 Section 50. 799.45 (3) (am) 3. of the statutes is repealed.

76,51 Section 51. 799.45 (3) (am) 4. of the statutes is repealed.

76,52 Section 52. 799.45 (3) (am) 5. of the statutes is repealed.

76,53 Section 53. 799.45 (3) (am) 6. of the statutes is repealed.

76,54 Section 54. 799.45 (3) (am) 7. of the statutes is repealed.

76,55 Section 55. 799.45 (3) (b) of the statutes is amended to read:

799.45 (3) (b) Except as provided in pars. (am) and par. (c), the property removed from such premises under this subsection shall be taken to some place of safekeeping within the county selected by the sheriff. Within 3 days of the removal of the goods, the sheriff shall mail a notice to the defendant as specified in sub. (4) stating the place where the goods are kept and, if the plaintiff had not removed the property under par. (am), shall deliver to the defendant any receipt or other document required to obtain possession of the goods. Warehouse or other similar receipts issued with respect to goods stored by the sheriff under this subsection shall be taken in the name of the defendant. All expenses incurred for storage and other like charges after delivery by the sheriff or by the plaintiff to a place of safekeeping shall be the responsibility of the defendant. Any person accepting goods from the sheriff or the plaintiff for storage under this subsection, or the plaintiff, if he or she stores the property in his or her premises, shall have all of the rights and remedies accorded by law against the defendant personally and against the property stored for the collection of such charges, including the lien of a warehouse under s. 407.209. Risk of damages to or loss of such property shall be borne by the defendant after delivery by the sheriff to the place of safekeeping.

76,56 Section 56. 799.45 (3) (c) of the statutes is amended to read:

799.45 (3) (c) When, in the exercise of ordinary care, the sheriff determines that property to be removed from premises described in the writ is without monetary value, the sheriff or the plaintiff, if he or she has agreed to remove the property under par. (am), may deliver or cause the same to be delivered to some appropriate place established for the collection, storage, and disposal of refuse. In such case the sheriff shall notify the defendant as specified in sub. (4) of the place to which the goods have been delivered within 3 days of the removal of the goods. The exercise of ordinary care by the sheriff under this subsection does not include searching apparently valueless property for hidden or secreted articles of value.

76,57 Section 57. 799.45 (4) of the statutes is amended to read:

799.45 (4) Manner of giving notice to defendant. All notices required by sub. (3) to be given to the defendant by the sheriff or by the plaintiff shall be in writing and shall be personally served upon the defendant or mailed to the defendant at the last-known address, even if such address be the premises which are the subject of the eviction action.

76,58 Section 58. 895.489 of the statutes is created to read:

895.489 Civil liability exemption; tenancy references. (1) In this section:

(a) "Reference" means a written or oral statement about the rental performance of an applicant for tenancy and may include statements about the applicant's payment history, conformance to rental agreement requirements, or conformance to local and state laws; factual statements regarding any rental agreement enforcement actions, including notices given under s. 704.17, 704.19, or 710.15 (5r); and factual statements about any dispute settlement between the landlord and applicant in accordance with any agreement between the landlord and applicant relating to termination of the applicant's tenancy.