2013 - 2014 LEGISLATURE
September 17, 2013 - Offered by Senator Erpenbach.
SB179-SSA1-SA12,1,11 At the locations indicated, amend the substitute amendment as follows:
SB179-SSA1-SA12,1,2 21. Page 7, line 11: delete lines 11 to 19 and substitute:
SB179-SSA1-SA12,1,3 3" Section 12m. 704.075 of the statutes is created to read:
SB179-SSA1-SA12,1,5 4704.075 Insect infestations. (1) Landlord duties. A landlord has the
5following duties:
SB179-SSA1-SA12,1,86 (a) Upon written or oral notice from a tenant that a dwelling unit may have an
7insect or pest infestation, the landlord shall within 5 days conduct an inspection of
8the unit for insects or pests.
SB179-SSA1-SA12,1,109 (b) Upon a determination that an infestation of insects or pests does exist in
10a dwelling unit, the landlord shall within 10 days contact a pest control agent.
SB179-SSA1-SA12,2,211 (c) A landlord shall take reasonable measures to effectively identify and treat
12the infestation as determined by the pest control agent. The landlord shall employ

1a pest control agent that carries current liability insurance to promptly treat the
SB179-SSA1-SA12,2,83 (d) Before renting a dwelling unit, a landlord shall disclose to a prospective
4tenant if an adjacent unit or units are currently infested with or are being treated
5for insects or pests. Upon request from a tenant or prospective tenant, a landlord
6shall disclose the last date that the dwelling unit the landlord seeks to rent or an
7adjacent unit or units were inspected for an insect or pest infestation and found to
8be free of an insect or pest infestation.
SB179-SSA1-SA12,2,109 (e) A landlord may not offer for rent a dwelling unit that the landlord knows
10or suspects is infested with insects or pests.
SB179-SSA1-SA12,2,2111 (f) A landlord shall offer to make reasonable assistance available to a tenant
12who is not able to comply with requested bedbug inspection or control measures
13under sub. (2) (c). The landlord shall disclose to the tenant what the cost may be for
14the tenant's compliance with the requested bedbug inspection or control measure.
15After making this disclosure, the landlord may provide financial assistance to the
16tenant to prepare the unit for treatment of the infestation. A landlord may charge
17the tenant a reasonable amount for any such assistance, subject to a reasonable
18repayment schedule, not to exceed 6 months unless an extension is otherwise agreed
19to by the landlord and the tenant. This paragraph may not be construed to require
20the landlord to provide the tenant with alternate lodging or to pay to replace the
21tenant's personal property.
SB179-SSA1-SA12,2,22 22(2) Tenant duties. A tenant has the following duties:
SB179-SSA1-SA12,2,2423 (a) A tenant shall promptly notify a landlord when the tenant knows of or
24suspects an infestation of insects or pests in the tenant's dwelling unit.
1(b) Upon receiving reasonable notice, a tenant shall grant the landlord of the
2dwelling unit, the landlord's agent, or the landlord's pest control agent and its
3employees access to the unit for purposes of an inspection for or control of the
4infestation of insects or pests. The initial inspection may include only a visual
5inspection and manual inspection of the tenant's bedding and upholstered furniture.
6Employees of the pest control agent may inspect items other than bedding and
7upholstered furniture when such an inspection is considered reasonable by the pest
8control agent. If the pest control agent finds insects or pests in the dwelling unit or
9in an adjoining unit, the pest control agent may have additional access to the tenant's
10personal belongings as determined reasonable by the pest control agent.
SB179-SSA1-SA12,3,1611 (c) Upon receiving reasonable notice, a tenant shall comply with reasonable
12measures to eliminate and control an insect or pest infestation as set forth by the
13landlord and the pest control agent. The tenant's unreasonable failure to completely
14comply with the pest control measures results in the tenant's being financially
15responsible for all pest control treatments of the dwelling unit arising from the
16tenant's failure to comply.
SB179-SSA1-SA12,3,19 17(3) Remedies. (a) The failure of a landlord to comply with the provisions of this
18section constitutes a finding that there is a substantial violation of s. 704.07 (2) that
19materially affects the health or safety of the tenant.
SB179-SSA1-SA12,3,2220 (b) A landlord who fails to comply with the provisions of this section shall pay
21to the tenant $250 or actual damages, whichever is greater, plus, notwithstanding
22s. 814.04 (1), reasonable attorney's fees.
SB179-SSA1-SA12,3,2523 (c) The failure of a tenant to comply with the provisions of this section constitute
24a material breach of the tenant's rental agreement and entitles the landlord to do any
25of the following:
11. Pursue an eviction action against the tenant.
SB179-SSA1-SA12,4,32 2. Commence an action in court to obtain an injunction or court order that
3requires the tenant to do the following:
SB179-SSA1-SA12,4,54 a. Allow the landlord, after he or she gives the tenant 24 hours notice, to enter
5the premises in order to fulfill his or her duties under sub. (1).
SB179-SSA1-SA12,4,66 b. Fulfill his or her duties under sub. (2).
SB179-SSA1-SA12,4,87 3. Recover from the tenant costs incurred by the landlord that are related to
8the tenant's failure to comply with his or her duties under sub. (2).".
SB179-SSA1-SA12,4,9 92. Page 21, line 9: delete lines 4 and 5.