LRBs0056/1
PJK:jld:rs
2013 - 2014 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO ASSEMBLY BILL 183
May 14, 2013 - Offered by Representatives Genrich, Young and Bewley.
AB183-ASA2,1,2 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
tenancies.
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:
AB183-ASA2,1 1Section 1. 704.08 of the statutes is amended to read:
AB183-ASA2,2,12 2704.08 Information check-in Check-in sheet. A landlord shall provide to
3a new residential tenant when the tenant commences his or her occupancy of the
4premises 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
6the premises at the time of check-in. The tenant shall be given 7 days from the date
7the tenant commences his or her occupancy to complete the check-in sheet and
8return it to the landlord. The landlord is not required to provide the information
9check-in sheet to a tenant upon renewal of a rental agreement. This section does not
10apply to the rental of a plot of ground on which a manufactured home, as defined in
11s. 704.05 (5) (b) 1. a., or a mobile home, as defined in s. 704.05 (5) (b) 1. b., may be
12located.
AB183-ASA2,2 13Section 2. 704.28 (2) of the statutes is amended to read:
AB183-ASA2,3,314 704.28 (2) Nonstandard rental provisions. Except as provided in sub. (3), a
15rental agreement may include one or more nonstandard rental provisions that
16authorize the landlord to withhold amounts from the tenant's security deposit for
17reasons not specified in sub. (1) (a) to (e). Any such nonstandard rental provisions
18shall 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
21enters 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
2presumed that the landlord has specifically identified and discussed the
3nonstandard rental provision with the tenant and that the tenant has agreed to it.
AB183-ASA2,3 4Section 3. 704.28 (5) of the statutes is created to read:
AB183-ASA2,3,65 704.28 (5) Application to residential tenancies. This section applies to
6residential tenancies only.
AB183-ASA2,4 7Section 4. Initial applicability.
AB183-ASA2,3,108 (1) Applicability of security deposit provisions. The treatment of section
9704.28 (5) of the statutes first applies to tenancies that are in effect on the effective
10date of this subsection.
AB183-ASA2,5 11Section 5. Effective date.
AB183-ASA2,3,1312 (1) This act takes effect on the first day of the first month beginning after
13publication.
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