AB79: Bill Text

LRB-1578/1

JS:skg:km

1995 - 1996 LEGISLATURE

1995 Assembly BILL 79

January 30, 1995 - Introduced by Representatives Albers, Grothman, Goetsch, Hahn, Ott, Linton, Ward and Seratti, cosponsored by Senator Schultz. Referred to Committee on Agriculture.

AB79,1,3 An Act to amend 704.19 (title) and (1) (b), 704.40 (2) (a), 708.02 and 799.40 (3); and to create 704.20 of the statutes; relating to: termination of certain farm tenancies.

Analysis by the Legislative Reference Bureau

Under current law, tenancies at will (tenancies under a lease that does not specify a termination date) may be terminated by either the landlord or the tenant if written notice is given at least 28 days before the termination date, except that if rent is due more often than monthly the time period between the date when the notice is given and the termination date need not be longer than the length of time between the due dates for paying the rent.

Under this bill, tenancies at will for agricultural property terminate on January 1 for property on which corn is grown, on the date when harvesting is completed if the property is leased to a tenant who is a cropper and the crop is not corn and on March 1 for other property. The bill requires the landlord to notify the tenant of the applicable termination date and specifies the deadlines and the procedures for the notice. If the landlord fails to provide timely and proper notice, the tenancy is not terminated on the applicable date.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB79, s. 1 Section 1. 704.19 (title) and (1) (b) of the statutes are amended to read:

AB79,1,6 704.19 (title) Notice necessary to terminate periodic tenancies and nonagricultural tenancies at will.

AB79,2,2 (1) (b) A tenancy at will, except a tenancy at will in regard to agricultural property, as defined in s. 704.20 (1) (a).

AB79, s. 2 Section 2. 704.20 of the statutes is created to read:

AB79,2,5 704.20 Termination of agricultural tenancies at will. (1) Definitions. In this section:

AB79,2,7 (a) "Agricultural property" means real property that is devoted to agricultural use, as defined in s. 91.01 (1), and principal residences located on that property.

AB79,2,9 (b) "Cropper" means a person who is a lessee of agricultural property but does not live on it.

AB79,2,11 (2) Termination date. Except as provided in sub. (3) (b), leases for agricultural property that do not specify a termination date terminate on the following dates:

AB79,2,12 (a) January 1 for agricultural property on which corn is grown.

AB79,2,14 (b) On the date when harvesting is completed if the agricultural property is leased to a cropper and the crop is not corn.

AB79,2,15 (c) March 1 for agricultural property that is not specified in par. (a) or (b).

AB79,2,18 (3) Notice. (a) Each person who leases agricultural property to a tenant, if the lease does not specify a termination date, shall provide notice to the tenant of the applicable termination date under sub. (2) in one of the following ways:

AB79,2,21 1. By delivering the notice on or before the September 1 before the termination date and securing written acknowledgment that the tenant or the tenant's successor has received the notice.

AB79,2,23 2. By serving the notice personally to the tenant or the tenant's successor on or before the September 1 before the termination date.

AB79,3,2 3. If service under subd. 2 has been attempted without success, by publishing a class 3 notice under ch. 985 in a newspaper published in the county where the land is located, if the notice is complete on or before the October 1 before the termination date.

AB79,3,4 4. By mailing the notice by certified mail on or before the September 1 before the termination date.

AB79,3,6 (b) If a landlord does not provide notice under par. (a), the tenancy does not terminate on the applicable date under sub. (2) (a) to (c).

AB79, s. 3 Section 3. 704.40 (2) (a) of the statutes is amended to read:

AB79,3,9 704.40 (2) (a) If the occupant has no lease for a term, upon terminating the occupant's tenancy by giving notice as provided in s. 704.19; or 704.20.

AB79, s. 4 Section 4. 708.02 of the statutes is amended to read:

AB79,3,17 708.02 Foreclosure; effect in lease. If property, other than agricultural property, as defined in s. 704.20 (1) (a), that is subject to a lien created by a mortgage or land contract is leased after the lien has attached, the lease is subject to termination at the time the interest of the lienor is terminated. After the termination of a lien, a lessee of agricultural property, as defined in s. 704.20 (1) (a), shall make the lease payments to the person who held the lien, and the lease remains subject to s. 704.20.

AB79, s. 5 Section 5. 799.40 (3) of the statutes is amended to read:

AB79,3,20 799.40 (3) Exception. Nothing in this section shall affect affects ss. 704.09 (4) and, 704.19 and 704.20.

AB79, s. 6 Section 6. Initial applicability.

AB79,3,23 (1)  This act first applies to leases entered into on the effective date of this subsection.

AB79,3,24 (End)