AB771-ASA1,18,2323 a. Purchasing or providing materials.
AB771-ASA1,18,2424 b. Supervising an agent of the landlord.
AB771-ASA1,18,2525 c. Hiring a 3rd-party contractor.
AB771-ASA1,39
1Section 39. 704.07 (4) of the statutes is amended to read:
AB771-ASA1,19,182 704.07 (4) Untenantability. If the premises become untenantable because of
3damage by fire, water, or other casualty or because of any condition hazardous to
4health, or if there is a substantial violation of sub. (2) materially affecting the health
5or safety of the tenant, the tenant may remove from the premises unless the landlord
6proceeds promptly to repair or rebuild or eliminate the health hazard or the
7substantial violation of sub. (2) materially affecting the health or safety of the tenant;
8or the tenant may remove if the inconvenience to the tenant by reason of the nature
9and period of repair, rebuilding, or elimination would impose undue hardship on the
10tenant. If the tenant remains in possession and the condition materially affects the
11health or safety of the tenant or substantially affects the use and occupancy of the
12premises
, rent abates to the extent the tenant is deprived of the full normal use of
13the premises. This section does not authorize rent to be withheld in full, if the tenant
14remains in possession. If the tenant justifiably moves out under this subsection, the
15tenant is not liable for rent after the premises become untenantable and the landlord
16must repay any rent paid in advance apportioned to the period after the premises
17become untenantable. This subsection is inapplicable if the damage or condition is
18caused by negligence or improper use by the tenant.
AB771-ASA1,40 19Section 40 . 704.07 (5) of the statutes is created to read:
AB771-ASA1,19,2320 704.07 (5) Restriction of regulation of abatement. An ordinance enacted by
21a city, town, village, or county regulating abatement of rent shall permit abatement
22only for conditions that materially affect the health or safety of the tenant or
23substantially affect the use and occupancy of the premises.
AB771-ASA1,41 24Section 41 . 704.085 of the statutes is created to read:
AB771-ASA1,20,7
1704.085 Credit and background checks. (1) (a) Except as provided under
2par. (b), a landlord may require a prospective tenant to pay the landlord's actual cost,
3up to $25, to obtain a consumer credit report on the prospective tenant from a
4consumer credit reporting agency that compiles and maintains files on consumers
5on a nationwide basis. The landlord shall notify the prospective tenant of the charge
6before requesting the consumer credit report, and shall provide the prospective
7tenant with a copy of the report.
AB771-ASA1,20,128 (b) A landlord may not require a prospective tenant to pay for a consumer credit
9report under par. (a) if, before the landlord requests a consumer credit report, the
10prospective tenant provides the landlord with a consumer credit report, from a
11consumer credit reporting agency that compiles and maintains files on consumers
12on a nationwide basis, that is less than 30 days old.
AB771-ASA1,20,17 13(2) A landlord may require a prospective tenant who is not a resident of this
14state to pay the landlord's actual cost, up to $25, to obtain a background check on the
15prospective tenant. The landlord shall notify the prospective tenant of the charge
16before requesting the background check and shall provide the prospective tenant
17with a copy of the report.
AB771-ASA1,42 18Section 42 . 704.10 of the statutes is created to read:
AB771-ASA1,20,21 19704.10 Electronic delivery. A rental agreement may include a provision that
20permits the landlord to provide and indicate agreement by electronic means any of
21the following:
AB771-ASA1,20,23 22(1) A copy of the rental agreement and any document related to the rental
23agreement.
AB771-ASA1,20,25 24(2) A security deposit and any documents related to the accounting and
25disposition of the security deposit and security deposit refund.
AB771-ASA1,21,2
1(3) A promise made before the initial rental agreement to clean, repair, or
2otherwise improve any portion of the premises.
AB771-ASA1,21,3 3(4) Advance notice of entry under s. 704.05 (2).
AB771-ASA1,43 4Section 43 . 704.17 (1) of the statutes is renumbered 704.17 (1p).
AB771-ASA1,44 5Section 44 . 704.17 (1g) of the statutes is created to read:
AB771-ASA1,21,76 704.17 (1g) Definition. In this section, “rent” includes any rent that is past due
7and any late fees owed for rent that is past due.
AB771-ASA1,45 8Section 45 . 704.17 (4m) of the statutes is created to read:
AB771-ASA1,21,119 704.17 (4m) Effect of incorrect amount in notice. A notice for failure to pay
10rent or any other amount due under the rental agreement that includes an incorrect
11statement of the amount due is valid unless any of the following applies:
AB771-ASA1,21,1212 (a) The landlord's statement of the amount due is intentionally incorrect.
AB771-ASA1,21,1413 (b) The tenant paid or tendered payment of the amount the tenant believes to
14be due.
AB771-ASA1,46 15Section 46 . 758.20 of the statutes is created to read:
AB771-ASA1,21,21 16758.20 Consolidated court automation programs. (1) In this section,
17“Wisconsin Circuit Court Access Internet site" means the Internet site of the
18consolidated court automation programs, which is the statewide electronic circuit
19court case management system established under s. 758.19 (4) and maintained by
20the director of state courts, that provides information regarding the cases heard in
21the circuit courts.
AB771-ASA1,21,24 22(2) The director of state courts may not remove case management information
23from the Wisconsin Circuit Court Access Internet site for a civil case that is not a
24closed, confidential, or sealed case for the following periods:
AB771-ASA1,22,2
1(a) If a writ of restitution has been granted in an eviction action, a period of at
2least 10 years.
AB771-ASA1,22,43 (b) If an eviction action has been dismissed and no money judgment has been
4docketed, a period of at least 2 years.
AB771-ASA1,22,65 (c) In a small claims action with a stipulated dismissal, a period of at least 20
6years.
AB771-ASA1,47 7Section 47 . 799.06 (3) of the statutes is renumbered 799.06 (3) (a).
AB771-ASA1,48 8Section 48 . 799.06 (3) (b) of the statutes is created to read:
AB771-ASA1,22,109 799.06 (3) (b) A court may not require that a person filing a summons or
10complaint under this chapter have the summons or complaint notarized.
AB771-ASA1,49 11Section 49 . 799.206 (3) of the statutes is amended to read:
AB771-ASA1,22,1612 799.206 (3) When all parties appear in person or by their attorneys on the
13return date in an eviction, garnishment, or replevin action and any party claims that
14raises valid legal grounds for a contest exists, the matter shall be forthwith
15scheduled for a hearing, to be held as soon as possible before a judge and in the case
16of an eviction action, not more than 30 days after the return date.
AB771-ASA1,50 17Section 50 . 799.40 (1g) of the statutes is created to read:
AB771-ASA1,22,2418 799.40 (1g) Notice terminating tenancy. If a landlord gives a notice
19terminating tenancy under s. 704.16, 704.17, or 704.19 through certified mail in
20accordance with s. 704.21 (1) (d), proof of certified mailing from the United States
21post office shall be sufficient to establish that proper notice has been provided for the
22purpose of filing a complaint or otherwise demonstrating that proper notice has been
23given in an eviction action, and an affidavit of service may not be requested to
24establish that proper notice has been provided.
AB771-ASA1,51 25Section 51 . 799.40 (1s) of the statutes is created to read:
AB771-ASA1,23,7
1799.40 (1s) No waiver by landlord or tenant. It shall not be a defense to an
2action of eviction or a claim for damages that the landlord or tenant has previously
3waived any violation or breach of any of the terms of the rental agreement by the
4tenant including, but not limited to, the acceptance of rent or that a custom or
5practice occurred or developed between the parties in connection with the rental
6agreement so as to waive or lessen the right of the landlord or tenant to insist upon
7strict performance of the terms of the rental agreement.
AB771-ASA1,52 8Section 52 . 799.40 (4) (a) of the statutes is amended to read:
AB771-ASA1,23,179 799.40 (4) (a) The court shall stay the proceedings in a civil action of eviction
10if the tenant applies for emergency assistance under s. 49.138. The, except that no
11stay may be granted under this paragraph after a writ of restitution has been issued
12in the proceedings. If a stay is granted, the
tenant shall inform the court of the
13outcome of the determination of eligibility for emergency assistance. The stay
14remains in effect until the tenant's eligibility for emergency assistance is determined
15and, if the tenant is determined to be eligible, until the tenant receives the
16emergency assistance, except that the stay may not remain in effect for more than
1710 working days, as defined in s. 227.01 (14)
.
AB771-ASA1,53 18Section 53 . 802.05 (2m) of the statutes is amended to read:
AB771-ASA1,24,419 802.05 (2m) Additional representations to court as to preparation of
20pleadings or other documents.
An attorney may draft or assist in drafting a
21pleading, motion, or document filed by an otherwise self-represented person. The
22attorney is not required to sign the pleading, motion, or document. Any such
23document must contain a statement immediately adjacent to the person's signature
24that “This document was prepared with the assistance of a lawyer .",” followed by the
25name of the attorney and the attorney's state bar number.
The attorney providing

1such drafting assistance may rely on the otherwise self-represented person's
2representation of facts, unless the attorney has reason to believe that such
3representations are false, or materially insufficient, in which instance the attorney
4shall make an independent reasonable inquiry into the facts.
AB771-ASA1,54 5Section 54 . Cross-reference changes. In the sections of the statutes listed
6in Column A, the cross-references shown in Column B are changed to the
7cross-references shown in column C: - See PDF for table PDF
AB771-ASA1,55 8Section 55 . Nonstatutory provisions.
AB771-ASA1,24,139 (1) Rental unit energy efficiency program; orders void and unenforceable.
10An order or special order issued before the effective date of this subsection by the
11department of safety and professional services under its authority under section
12101.122 of the statutes, as repealed by 2017 Wisconsin Act 59, is void and
13unenforceable.
AB771-ASA1,24,1814 (2) Rental unit energy efficiency program; enforcement related to prior
15violations.
The department of safety and professional services may not hold a
16hearing, issue a subpoena, issue a special order, or take any other enforcement action
17related to a violation of section 101.122 of the statutes, as repealed by 2017 Wisconsin
18Act 59
, that occurs before the effective date of this subsection.
AB771-ASA1,25,5
1(3) Rental unit energy efficiency program; stipulations and waivers void and
2unenforceable.
A stipulation under section 101.122 (4) (c) of the statutes, as
3repealed by 2017 Wisconsin Act 59, or a waiver under section 101.122 (4) (b) of the
4statutes, as repealed by 2017 Wisconsin Act 59, entered into before the effective date
5of this subsection is void and unenforceable.
AB771-ASA1,56 6Section 56 . Initial applicability.
AB771-ASA1,25,97 (1) Landlord and tenant. The treatment of sections 704.085, 704.10, and
8704.17 (1), (1g), and (4m) of the statutes first applies to rental agreements entered
9into or renewed on the effective date of this subsection.
AB771-ASA1,57 10Section 57 . Effective dates. This act takes effect on the day after publication,
11except as follows:
AB771-ASA1,25,1312 (1) Rental unit energy efficiency. Section 55 (1), (2 ), and (3) of this act take
13effect on January 1, 2018.
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