2013 - 2014 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO ASSEMBLY BILL 183
May 8, 2013 - Offered by Representative Stroebel.
21. Page 2, line 1
: after "landlords," insert "terminating the tenancy of an 3
offending tenant in a manufactured or mobile home community,".
704.05 (5) (b) 2. (intro.) of the statutes is amended to read:
(b) 2. (intro.) If the abandoned tenant removes from the premises and
personal property that
is a manufactured home, mobile home, or titled 8
vehicle, before disposing of the abandoned property the landlord shall give notice of 9
the landlord's intent to dispose of the property by sale or other appropriate means 10
to all of the following:
704.05 (5) (bf) of the statutes is amended to read:
(bf) Notice that landlord will not store property.
If the landlord does 13
not intend to store personal property left behind by a tenant who removes from the
, except as provided in par. (am), the landlord shall provide written notice 2
to a tenant,
when the tenant enters into, and when the tenant or
a rental 3
that the landlord will not store any items of personal property that the 4
tenant leaves behind when the tenant removes from the premises, except as provided 5
in par. (am). Notwithstanding pars. (a), (am), and (b), if the landlord does not provide 6has not provided
to a tenant the notice required under this paragraph, the landlord 7
shall comply with s. 704.05, 2009 stats., with respect to any personal property left 8
behind by the tenant when the tenant removes from the premises.".
704.16 (3) (a) of the statutes is renumbered 704.16 (3) (a) (intro.) 12
and amended to read:
(a) (intro.) In this subsection, "offending:
tenant" is a tenant whose tenancy is being terminated under this 15
704.16 (3) (a) 1. of the statutes is created to read:
(a) 1. "Community" has the meaning given in s. 710.15 (1) (ad).
704.16 (3) (a) 2. of the statutes is created to read:
(a) 2. "Manufactured home" has the meaning given in s. 101.91 (2).
704.16 (3) (a) 3. of the statutes is created to read:
(a) 3. "Mobile home" has the meaning given in s. 710.15 (1) (b).
704.16 (3) (b) 1. of the statutes is amended to read:
(b) 1. The offending tenant commits one or more acts, including 24
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, 2
or apartment complex, or a manufactured home or mobile home in the same
as the offending tenant to face an imminent threat of serious physical 4
harm from the offending tenant if the offending tenant remains on the premises.".
704.28 (4) (b) of the statutes is amended to read:
(b) If the tenant vacates the premises
or is evicted
before the 8
termination date of the rental agreement, the date on which the tenant's rental 9
agreement terminates or, if the landlord rerents the premises before the tenant's 10
rental agreement terminates, the date on which the new tenant's tenancy begins.
704.28 (4) (c) of the statutes is amended to read:
(c) If the tenant vacates the premises
or is evicted
after the 13
termination date of the rental agreement, the date on which the landlord learns that 14
the tenant has vacated the premises or has been removed from the premises under
15s. 799.45 (2)
704.44 (9) of the statutes is amended to read:
Allows the landlord to terminate the tenancy of a tenant if a crime
19is committed in or on the rental property, even if the tenant could not reasonably have
20prevented the crime in a manner contrary to s. 106.50 (5m) (dm) or 704.16
710.15 (5t) of the statutes is created to read:
710.15 (5t) Termination of tenancy for threat of serious harm. 2
Notwithstanding sub. (5m), nothing in this section prevents termination of a tenancy 3
because of an imminent threat of serious physical harm, as provided in s. 704.16.".
811. Page 13, line 2
: delete that line and substitute "shall hold and complete
9a court or jury trial of the issue of possession of the premises involved in the action
10within 30 days of the
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 14
the plaintiff is entitled to possession, the court shall immediately enter an
order for 15
judgment shall be
for the restitution of the premises to the plaintiff and, if. If
additional cause of action is joined under s. 799.40 (2) and plaintiff prevails thereon, 17the court shall enter judgment
for such other relief as the court orders. Judgment 18
shall be entered accordingly as provided in s. 799.24.".
"(1m) Notice regarding nonstorage of property.
The treatment of section 3
704.05 (5) (bf) of the statutes first applies to personal property left behind by a tenant 4
under a rental agreement that is renewed on the effective date of this subsection.".