Disposing of personal property left by trespasser
Current law does not address what happens to the personal property of a
trespasser that is left behind after the trespasser leaves or is removed from
residential rental property. This bill provides that, after a trespasser leaves or is
removed from residential rental property, a landlord must hold any personal
property left by the trespasser for seven days, during which time the trespasser may
request its return. After that time, the landlord may dispose of the personal property
in any manner that the landlord determines is appropriate.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB568,1 1Section 1. 20.505 (7) (h) of the statutes is amended to read:
AB568,6,52 20.505 (7) (h) Funding for the homeless. All moneys received from interest on
3real estate trust accounts under s. 452.13 for grants under s. 16.307, and all moneys
4received under s. ss. 704.05 (5) (a) 2. and 704.055 (2) (b), for grants to agencies and
5shelter facilities for homeless individuals and families under s. 16.308 (2) (a) and (b).
AB568,2 6Section 2. 59.69 (4m) of the statutes is amended to read:
AB568,7,47 59.69 (4m) Historic preservation. A county, as an exercise of its zoning and
8police powers for the purpose of promoting the health, safety and general welfare of
9the community and of the state, may regulate by ordinance any place, structure or
10object with a special character, historic interest, aesthetic interest or other
11significant value, for the purpose of preserving the place, structure or object and its
12significant characteristics. The county may create a landmarks commission to
13designate historic landmarks and establish historic districts. The county may
14regulate all historic landmarks and all property within each historic district to
15preserve the historic landmarks and property within the district and the character
16of the district. A county may not designate a property as a historic landmark without

1the consent of the owner. A county may not require or prohibit any action by an owner
2of a property related to the preservation of special character, historic or aesthetic
3interest, or any other significant value of the property without the consent of the
4owner.
AB568,3 5Section 3. 60.64 of the statutes is amended to read:
AB568,7,19 660.64 Historic preservation. The town board, in the exercise of its zoning
7and police powers for the purpose of promoting the health, safety and general welfare
8of the community and of the state, may regulate any place, structure or object with
9a special character, historic interest, aesthetic interest or other significant value for
10the purpose of preserving the place, structure or object and its significant
11characteristics. The town board may create a landmarks commission to designate
12historic landmarks and establish historic districts. The board may regulate all
13historic landmarks and all property within each historic district to preserve the
14historic landmarks and property within the district and the character of the district.
15The town board may not designate a property as a historic landmark without the
16consent of the owner. The town board may not require or prohibit any action by an
17owner of a property related to the preservation of special character, historic or
18aesthetic interest, or any other significant value of the property without the consent
19of the owner.
AB568,4 20Section 4. 62.23 (7) (em) of the statutes is amended to read:
AB568,8,1421 62.23 (7) (em) Historic preservation. A city, as an exercise of its zoning and
22police powers for the purpose of promoting the health, safety and general welfare of
23the community and of the state, may regulate by ordinance, or if a city contains any
24property that is listed on the national register of historic places in Wisconsin or the
25state register of historic places shall, not later than 1995, enact an ordinance to

1regulate, any place, structure or object with a special character, historic,
2archaeological or aesthetic interest, or other significant value, for the purpose of
3preserving the place, structure or object and its significant characteristics. A city
4may create a landmarks commission to designate historic or archaeological
5landmarks and establish historic districts. The city may regulate, or if the city
6contains any property that is listed on the national register of historic places in
7Wisconsin or the state register of historic places shall regulate, all historic or
8archaeological landmarks and all property within each historic district to preserve
9the historic or archaeological landmarks and property within the district and the
10character of the district. A city may not designate a property as a historic landmark
11without the consent of the owner. A city may not require or prohibit any action by
12an owner of a property related to the preservation of special character, historic or
13aesthetic interest, or any other significant value of the property without the consent
14of the owner.
AB568,5 15Section 5. 66.0104 (2) (e) of the statutes is created to read:
AB568,8,1716 66.0104 (2) (e) No city, village, town, or county may enact an ordinance that
17does any of the following:
AB568,8,1918 1. Requires that a rental unit be inspected without a showing of good cause or
19be certified or registered.
AB568,8,2320 2. Charges a fee for conducting an inspection other than an inspection based
21on a complaint from a tenant alleging a violation of the local housing code of the city,
22village, town, or county or an inspection required for all properties and for which a
23uniform fee is charged.
AB568,6 24Section 6. 66.0104 (2) (f) of the statutes is created to read:
AB568,9,2
166.0104 (2) (f) No city, village, town, or county may impose an occupancy or
2transfer of tenancy fee on a rental unit.
AB568,7 3Section 7. 66.0104 (2) (g) of the statutes is created to read:
AB568,9,64 66.0104 (2) (g) 1. No city, village, town, or county may enact an ordinance that
5requires a property owner to obtain a license, certification, or registration in order
6to do any of the following:
AB568,9,77 a. Own a residential rental property.
AB568,9,88 b. Manage or operate a residential rental property.
AB568,9,109 2. Subdivision 1. does not apply to an ordinance that applies uniformly to all
10residential properties, including owner-occupied properties.
AB568,8 11Section 8. 66.0104 (3) (c) of the statutes is created to read:
AB568,9,1412 66.0104 (3) (c) If a city, village, town, or county has in effect on the effective date
13of this paragraph .... [LRB inserts date], an ordinance that is inconsistent with sub.
14(2) (e), (f), or (g), the ordinance does not apply and may not be enforced.
AB568,9 15Section 9. 66.0418 (title) of the statutes is amended to read:
AB568,9,17 1666.0418 (title) Prohibition of Miscellaneous limitations on local
17regulation
of certain foods, beverages.
AB568,10 18Section 10. 66.0418 (3) of the statutes is created to read:
AB568,9,2119 66.0418 (3) No political subdivision may impose a restriction or requirement
20on a sign based on the sign's informational content that it does not impose on all
21signs.
AB568,11 22Section 11. 66.0809 (9) of the statutes is amended to read:
AB568,9,2523 66.0809 (9) A municipal utility is not required to offer a customer who is a
24tenant at a rental dwelling unit a deferred payment agreement. Notwithstanding.
25ss. 196.03, 196.19, 196.20, 196.22, 196.37, and 196.60, a determination by a

1municipal utility to offer or not offer a deferred payment agreement does not require
2approval, and is not subject to disapproval, by the public service commission.
AB568,12 3Section 12. 66.1019 (3) (a) of the statutes is renumbered 66.1019 (3) and
4amended to read:
AB568,10,85 66.1019 (3) Except as provided in par. (b), any Any ordinance enacted by a
6county, city, village or town relating to the construction or inspection of multifamily
7dwellings, as defined in s. 101.971 (2), shall conform to subch. VI of ch. 101 and s.
8101.02 (7m).
AB568,13 9Section 13. 66.1019 (3) (b) of the statutes is repealed.
AB568,14 10Section 14. 101.02 (7m) of the statutes is amended to read:
AB568,10,2111 101.02 (7m) Notwithstanding sub. (7) (a), no city, village, or town may make
12or enforce any ordinance that is applied to any multifamily dwelling, as defined in
13s. 101.971 (2), and that does not conform to subch. VI and this section or is contrary
14to an order of the department under this subchapter, except that if a city, village or
15town has a preexisting stricter sprinkler ordinance, as defined in s. 101.975 (3) (a),
16that ordinance remains in effect, except that the city, village or town may take any
17action with regard to that ordinance that a political subdivision may take under s.
18101.975 (3) (b)
. Any contract between a city, village, or town and a property owner
19of a multifamily dwelling that requires the property owner to comply with an
20ordinance that does not conform to subch. VI and this section or is contrary to an
21order of the department under this subchapter is void and unenforceable
.
AB568,15 22Section 15. 101.975 (3) of the statutes is repealed.
AB568,16 23Section 16. 175.403 of the statutes is created to read:
AB568,10,24 24175.403 Trespassing; arrest and removal. (1) In this section:
AB568,10,2525 (a) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).
AB568,11,1
1(b) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
AB568,11,5 2(2) Each law enforcement agency shall have a written policy regarding the
3investigation of complaints alleging a violation of s. 943.14. The policy shall require
4a law enforcement officer who has probable cause to arrest a person for a violation
5of s. 943.14 to remove the person from a dwelling.
AB568,17 6Section 17. 349.13 (3m) (dr) 2. of the statutes is amended to read:
AB568,11,107 349.13 (3m) (dr) 2. A towing service may not collect any charges for the removal
8or storage of an illegally parked vehicle under this subsection if unless the towing
9service has not complied made a good faith effort to comply with par. (d) 2. with
10respect to the vehicle.
AB568,18 11Section 18. 349.13 (3m) (e) 1. of the statutes is amended to read:
AB568,11,1312 349.13 (3m) (e) 1. Reasonable charges for removal and storage of vehicles
13under this subsection when no citation has been issued.
AB568,19 14Section 19. 349.13 (3m) (e) 3. of the statutes is amended to read:
AB568,11,1615 349.13 (3m) (e) 3. Guidelines for towing services to notify law enforcement
16under par. (d) upon removal of a vehicle when no citation has been issued.
AB568,20 17Section 20. 704.055 of the statutes is created to read:
AB568,11,21 18704.055 Disposition of personalty left by trespasser. (1) Definition. In
19this section, "trespasser" means a person who is not a tenant and who enters or
20remains in residential rental property without the consent of the landlord or another
21person lawfully on the property.
AB568,12,5 22(2) At the landlord's discretion. (a) If a trespasser is removed or otherwise
23removes from residential rental property and leaves personal property, the landlord
24shall hold the personal property for 7 days from the date on which the landlord
25discovers the personal property. After that time, the landlord may presume that the

1trespasser has abandoned the personal property and may dispose of the personal
2property in any manner that the landlord, in the landlord's sole discretion,
3determines is appropriate but shall promptly return the personal property to the
4trespasser if the landlord receives a request for its return before the landlord
5disposes of it.
AB568,12,106 (b) If the landlord disposes of the abandoned personal property by private or
7public sale, the landlord may send the proceeds of the sale minus any costs of sale
8and, if the landlord has first stored the personal property, minus any storage charges
9to the department of administration for deposit in the appropriation under s. 20.505
10(7) (h).
AB568,12,19 11(3) Rights of 3rd persons. The landlord's power to dispose as provided by this
12section applies to any personal property left on the landlord's property by the
13trespasser, whether owned by the trespasser or by others. The power to dispose
14under this section applies notwithstanding any rights of others existing under any
15claim of ownership or security interest. The trespasser, other owner, or any secured
16party has the right to redeem the personal property at any time before the landlord
17has disposed of it or entered into a contract for its disposition by payment of any
18expenses that the landlord has incurred with respect to the disposition of the
19personal property.
AB568,21 20Section 21. 704.17 (1) (b) of the statutes is amended to read:
AB568,13,1021 704.17 (1) (b) If a month-to-month tenant commits waste or a material
22violation of s. 704.07 (3) or breaches any covenant or condition of the tenant's
23agreement, other than for payment of rent, the tenancy can be is terminated if the
24landlord gives the tenant a notice that requires the tenant to either remedy the
25default or vacate the premises no later than a date at least 5 days after the giving

1of the notice, and the tenant fails to comply with the notice. A tenant is considered
2to be complying with the notice if promptly upon receipt of the notice the tenant takes
3reasonable steps to remedy the default and proceeds with reasonable diligence, or if
4damages are adequate protection for the landlord and the tenant makes a bona fide
5and reasonable offer to pay the landlord all damages for the tenant's breach. If,
6within one year from receiving a notice under this paragraph, the tenant again
7commits waste or breaches the same or any other covenant or condition of the
8tenant's rental agreement, other than for payment of rent, the tenant's tenancy is
9terminated if the landlord
gives the tenant notice requiring the tenant to vacate on
10or before a date at least 14 days after the giving of the notice.
AB568,22 11Section 22. 704.17 (2) (b) of the statutes is amended to read:
AB568,14,212 704.17 (2) (b) If a tenant under a lease for a term of one year or less, or a
13year-to-year tenant, commits waste or a material violation of s. 704.07 (3) or
14breaches any covenant or condition of the tenant's lease, other than for payment of
15rent, the tenant's tenancy is terminated if the landlord gives the tenant a notice
16requiring the tenant to remedy the default or vacate the premises on or before a date
17at least 5 days after the giving of the notice, and if the tenant fails to comply with such
18notice. A tenant is deemed to be complying with the notice if promptly upon receipt
19of such notice the tenant takes reasonable steps to remedy the default and proceeds
20with reasonable diligence, or if damages are adequate protection for the landlord and
21the tenant makes a bona fide and reasonable offer to pay the landlord all damages
22for the tenant's breach. If within one year from the giving of any such notice, the
23tenant again commits waste or breaches the same or any other covenant or condition
24of the tenant's lease, other than for payment of rent, the tenant's tenancy is
25terminated if the landlord, prior to the tenant's remedying the waste or breach, gives

1the tenant notice to vacate on or before a date at least 14 days after the giving of the
2notice.
AB568,23 3Section 23. 704.17 (3m) of the statutes is created to read:
AB568,14,64 704.17 (3m) Criminal activity. (a) In this subsection, "drug-related criminal
5activity" means criminal activity that involves the manufacture, possession, use, or
6distribution of a controlled substance, as defined in s. 961.01 (4).
AB568,14,237 (b) 1. Notwithstanding subs. (1) (b), (2) (b), and (3) (a), and except as provided
8in par. (c), a landlord may, upon notice to the tenant, terminate the tenancy of a
9tenant, without giving the tenant an opportunity to remedy the default, if the tenant,
10a member of the tenant's household, or a guest or other invitee of the tenant or of a
11member of the tenant's household engages in any criminal activity that threatens the
12health or safety of, or right to peaceful enjoyment of the premises by, other tenants;
13engages in any criminal activity that threatens the health or safety of, or right to
14peaceful enjoyment of their residences by, persons residing in the immediate vicinity
15of the premises; engages in any criminal activity that threatens the health or safety
16of the landlord or an agent or employee of the landlord; or engages in any
17drug-related criminal activity on or near the premises. The notice shall require the
18tenant to vacate on or before a date at least 5 days after the giving of the notice. The
19notice shall state the basis for its issuance and the right of the tenant to contest the
20termination of the tenancy in an eviction action under ch. 799. If the tenant contests
21the termination of tenancy, the tenancy may not be terminated without proof by the
22landlord by the greater preponderance of the credible evidence of the allegation in
23the notice.
AB568,15,224 2. To terminate a tenancy under this subsection, it is not necessary that the
25individual committing the criminal activity or drug-related criminal activity has

1been arrested for or convicted of the criminal activity or drug-related criminal
2activity.
AB568,15,43 (c) Paragraph (b) does not apply to a tenant who is the victim, as defined in s.
4950.02 (4), of the criminal activity.
AB568,24 5Section 24. 704.17 (5) of the statutes is renumbered 704.17 (5) (a) and
6amended to read:
AB568,15,97 704.17 (5) (a) Provisions in the lease or rental agreement for termination
8contrary to this section sub. (1), (2), or (3) are invalid except in leases for more than
9one year.
AB568,25 10Section 25. 704.17 (5) (b) of the statutes is created to read:
AB568,15,1211 704.17 (5) (b) Provisions in the lease or rental agreement for termination
12contrary to sub. (3m) are invalid.
AB568,26 13Section 26. 704.19 (2) (b) 2. of the statutes is amended to read:
AB568,15,1814 704.19 (2) (b) 2. Notwithstanding subd. 1., nothing in this section prevents
15termination of a tenancy before the end of a rental period because of an imminent
16threat of serious physical harm, as provided in s. 704.16, or for criminal activity or
17drug-related criminal activity,
nonpayment of rent, or breach of any other condition
18of the tenancy, as provided in s. 704.17.
AB568,27 19Section 27. 706.22 (title) of the statutes, as created by 2015 Wisconsin Act 55,
20is amended to read:
AB568,15,22 21706.22 (title) Prohibition on imposing time-of-sale, purchase, or
22occupancy
requirements.
AB568,28 23Section 28. 706.22 (2) (title) of the statutes, as created by 2015 Wisconsin Act
2455
, is amended to read:
AB568,16,2
1706.22 (2) (title) Requirements tied to sale, purchase, or taking occupancy
2of property prohibited.
AB568,29 3Section 29. 706.22 (2) (a) (intro.) of the statutes, as created by 2015 Wisconsin
4Act 55
, is amended to read:
AB568,16,65 706.22 (2) (a) (intro.) Except as provided in par. (b), no local governmental unit
6may by ordinance, resolution, or any other means restrict do any of the following:
AB568,16,12 71m. Restrict the ability of an owner of real property to sell or otherwise transfer
8title to or refinance the property by requiring the owner or an agent of the owner to
9take certain actions with respect to the property or pay a related fee, to show
10compliance with taking certain actions with respect to the property, or to pay a fee
11for failing to take certain actions with respect to the property, at any of the following
12times:
AB568,30 13Section 30. 706.22 (2) (a) 1. of the statutes, as created by 2015 Wisconsin Act
1455
, is renumbered 706.22 (2) (a) 1m. a.
AB568,31 15Section 31. 706.22 (2) (a) 2. of the statutes, as created by 2015 Wisconsin Act
1655
, is renumbered 706.22 (2) (a) 1m. b.
AB568,32 17Section 32. 706.22 (2) (a) 2m. of the statutes is created to read:
AB568,16,2218 706.22 (2) (a) 2m. Restrict the ability of a person to purchase or take title to real
19property by requiring the person or an agent of the person to take certain actions with
20respect to the property or pay a related fee, to show compliance with taking certain
21actions with respect to the property, or to pay a fee for failing to take certain actions
22with respect to the property, at any of the following times:
AB568,16,2323 a. Before the person may complete the purchase of or take title to the property.
AB568,16,2424 b. At the time of completing the purchase of or taking title to the property.
AB568,17,2
1c. Within a certain period of time after completing the purchase of or taking title
2to the property.
AB568,33 3Section 33. 706.22 (2) (a) 3. of the statutes, as created by 2015 Wisconsin Act
455
, is renumbered 706.22 (2) (a) 1m. c.
AB568,34 5Section 34. 706.22 (2) (a) 3m. of the statutes is created to read:
AB568,17,116 706.22 (2) (a) 3m. Restrict the ability of a purchaser of or transferee of title to
7residential real property to take occupancy of the property by requiring the
8purchaser or transferee or an agent of the purchaser or transferee to take certain
9actions with respect to the property or pay a related fee, to show compliance with
10taking certain actions with respect to the property, or to pay a fee for failing to take
11certain actions with respect to the property, at any of the following times:
AB568,17,1212 a. Before the purchaser or transferee may take occupancy of the property.
AB568,17,1313 b. At the time of taking occupancy of the property.
Loading...
Loading...