Analysis by the Legislative Reference Bureau
Under current law, if leased premises become untenantable because of damage
by fire, water, or other casualty, because of a condition that is hazardous to the
tenant's health, or because the tenant's health or safety is materially affected by lack
of repairs to the premises, the tenant may remove from the premises and is not
responsible for rent for the period after the premises became untenantable. This
substitute amendment provides that a tenant may terminate his or her tenancy and
remove from the premises if the tenant or a child of the tenant faces an imminent
threat of serious physical harm from another person if the tenant remains on the
premises. The tenant must provide notice to the landlord and a certified copy of: 1)
an injunction order protecting the tenant or the child from the person; 2) a condition
of release ordering the person not to contact the tenant; 3) a criminal complaint
alleging that the person sexually assaulted or stalked the tenant or the child; or 4)
a criminal complaint filed against the person as a result of an arrest for committing
a domestic abuse offense against the tenant. If the tenant provides the required
certified copy and proper notice of the termination of the tenancy to the landlord and

removes from the premises, the tenant is not responsible for any rent after the end
of the month in which he or she provides the notice or removes from the premises,
whichever is later.
Under current law, a landlord may not increase rent, decrease services, bring
an action for possession of the premises, refuse to renew a lease, or threaten to do any
of those things, if there is a preponderance of evidence that the landlord's action or
inaction is in retaliation against the tenant for making a good faith complaint about
a defect in the premises to a public official or housing code enforcement agency, for
complaining about a violation of a local housing code, or for exercising a legal right
related to residential tenancies. This substitute amendment provides that a lease
is void and unenforceable if it allows a landlord to increase rent, decrease services,
bring an action for possession of the premises, refuse to renew a lease, or threaten
to do any of those things, because the tenant has contacted an entity for law
enforcement services, health services, or safety services.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB269-SSA1, s. 1 1Section 1. 704.16 of the statutes is created to read:
SB269-SSA1,2,4 2704.16 Termination of tenancy for imminent threat of serious physical
3harm.
(1) Terminating tenancy. A tenant may terminate his or her tenancy and
4remove from the premises if both of the following apply:
SB269-SSA1,2,65 (a) The tenant or a child of the tenant faces an imminent threat of serious
6physical harm from another person if the tenant remains on the premises.
SB269-SSA1,2,87 (b) The tenant provides the landlord with notice in the manner provided under
8s. 704.21 and with a certified copy of any of the following:
SB269-SSA1,2,99 1. An injunction order under s. 813.12 (4) protecting the tenant from the person.
SB269-SSA1,2,1110 2. An injunction order under s. 813.122 protecting a child of the tenant from
11the person.
SB269-SSA1,3,212 3. An injunction order under s. 813.125 (4) protecting the tenant or a child of
13the tenant from the person, based on the person's engaging in an act that would

1constitute sexual assault under s. 940.225, 948.02, or 948.025, or stalking under s.
2940.32, or attempting or threatening to do the same.
SB269-SSA1,3,43 4. A condition of release under ch. 969 ordering the person not to contact the
4tenant.
SB269-SSA1,3,65 5. A criminal complaint alleging that the person sexually assaulted the tenant
6or a child of the tenant under s. 940.225, 948.02, or 948.025.
SB269-SSA1,3,87 6. A criminal complaint alleging that the person stalked the tenant or a child
8of the tenant under s. 940.32.
SB269-SSA1,3,119 7. A criminal complaint that was filed against the person as a result of the
10person being arrested for committing a domestic abuse offense against the tenant
11under s. 968.075.
SB269-SSA1,3,17 12(2) Not liable for rent. If a tenant removes from the premises because of a
13threat of serious physical harm to the tenant or to a child of the tenant from another
14person and provides the landlord with a certified copy specified under sub. (1) and
15with notice that complies with s. 704.21, the tenant shall not be liable for any rent
16after the end of the month in which he or she provides the notice or removes from the
17premises, whichever is later.
SB269-SSA1, s. 2 18Section 2. 704.19 (2) (b) of the statutes is renumbered 704.19 (2) (b) 1. and
19amended to read:
SB269-SSA1,3,2320 704.19 (2) (b) 1. A periodic tenancy can be terminated by notice under this
21section only at the end of a rental period. In the case of a tenancy from year-to-year
22the end of the rental period is the end of the rental year even though rent is payable
23on a more frequent basis. Nothing
SB269-SSA1,4,2 242. Notwithstanding subd. 1., nothing in this section prevents termination of a
25tenancy before the end of a rental period because of an imminent threat of serious

1physical harm, as provided in s. 704.16, or
for nonpayment of rent or breach of any
2other condition of the tenancy, as provided in s. 704.17.
SB269-SSA1, s. 3 3Section 3. 704.44 of the statutes is created to read:
SB269-SSA1,4,7 4704.44 Lease that restricts access to certain services is void. A lease is
5void and unenforceable if it allows a landlord in a residential tenancy to do any of the
6following because a tenant has contacted an entity for law enforcement services,
7health services, or safety services:
SB269-SSA1,4,8 8(1) Increase rent.
SB269-SSA1,4,9 9(2) Decrease services.
SB269-SSA1,4,10 10(3) Bring an action for possession of the premises.
SB269-SSA1,4,11 11(4) Refuse to renew a lease.
SB269-SSA1,4,12 12(5) Threaten to take any action under subs. (1) to (4).
SB269-SSA1, s. 4 13Section 4. Initial applicability.
SB269-SSA1,4,1614 (1) Tenants and landlords. The treatment of sections 704.16, 704.19 (2) (b),
15and 704.44 of the statutes first applies to leases entered into, modified, or renewed
16on the effective date of this subsection.
Loading...
Loading...