2013 - 2014 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO ASSEMBLY BILL 183
May 14, 2013 - Offered by Representatives Genrich,
Young and Bewley.
1An Act to amend
704.08 and 704.28 (2); and to create
704.28 (5) of the statutes; 2relating to: miscellaneous provisions related to rental practices.
Analysis by the Legislative Reference Bureau
Current law specifies what costs may be withheld from a security deposit and
the timing for the return of a security deposit after a tenant removes from the
premises. This substitute amendment limits these provisions to residential
Under current law, a landlord must provide to a tenant when the tenant
commences his or her occupancy of the premises a standardized information
check-in sheet that contains an itemized description of the condition of the premises.
The substitute amendment changes this requirement so that the landlord must
provide to the tenant a check-in sheet that the tenant may use to make comments
about the condition of the premises.
Under current law, if a rental agreement contains any provisions that allow a
landlord to withhold amounts from a tenant's security deposit in addition to those
amounts specified in the Wisconsin Statutes, they must be provided to the tenant in
a separate written document and are called nonstandard rental provisions. If the
tenant signs a nonstandard rental provision, it is rebuttably presumed that the
tenant has agreed to it. The substitute amendment provides that the tenant may
sign his or her name or write his or her initials by such a provision.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
704.08 of the statutes is amended to read:
2704.08 Information check-in
A landlord shall provide to 3
a new residential tenant when the tenant commences his or her occupancy of the 4
premises a standardized information
check-in sheet that contains an itemized
5description of the tenant may use to make comments, if any, about
the condition of 6
the premises at the time of check-in
. The tenant shall be given 7 days from the date 7
the tenant commences his or her occupancy to complete the check-in sheet and 8
return it to the landlord. The landlord is not required to provide the information 9
check-in sheet to a tenant upon renewal of a rental agreement. This section does not 10
apply to the rental of a plot of ground on which a manufactured home, as defined in 11
s. 704.05 (5) (b) 1. a., or a mobile home, as defined in s. 704.05 (5) (b) 1. b., may be 12
704.28 (2) of the statutes is amended to read:
704.28 (2) Nonstandard rental provisions.
Except as provided in sub. (3), a 15
rental agreement may include one or more nonstandard rental provisions that 16
authorize the landlord to withhold amounts from the tenant's security deposit for 17
reasons not specified in sub. (1) (a) to (e). Any such nonstandard rental provisions 18
shall be provided to the tenant in a separate written document entitled 19
"NONSTANDARD RENTAL PROVISIONS." The landlord shall specifically identify 20and discuss
each nonstandard rental provision with the tenant before the tenant 21
enters into a rental agreement with the landlord. If the tenant signs
his or her name,
1or writes his or her initials, by
a nonstandard rental provision, it is rebuttably 2
presumed that the landlord has specifically identified and discussed
nonstandard rental provision with the tenant and that the tenant has agreed to it.
704.28 (5) of the statutes is created to read:
704.28 (5) Application to residential tenancies.
This section applies to 6
residential tenancies only.
(1) Applicability of security deposit provisions.
The treatment of section 9
704.28 (5) of the statutes first applies to tenancies that are in effect on the effective 10
date of this subsection.
This act takes effect on the first day of the first month beginning after 13