AB375: Bill Text

LRB-1598/1

PJK:jlg:lp

1999 - 2000 LEGISLATURE

1999 Assembly BILL 375

June 10, 1999 - Introduced by Representatives Meyer, Stone, La Fave, Ladwig, Albers, Staskunas, Musser, Urban, Seratti, Reynolds, Ryba and Vrakas, cosponsored by Senators Moen, Rosenzweig, Roessler and Panzer. Referred to Committee on Housing.

AB375,1,3 An Act to amend 704.01 (5); and to create 704.01 (4m) of the statutes; relating to: excluding certain persons from the requirements relating to landlords and tenants.

Analysis by the Legislative Reference Bureau

Current law contains numerous provisions that apply to rental property, landlords and tenants. For example, current law requires a landlord to give a periodic tenant or a tenant at will 28 days' notice to terminate the tenancy. A periodic tenancy may be terminated only at the end of a rental period, while a tenancy at will may be terminated at any time. A periodic tenant is a tenant who does not have a valid lease and who pays rent on a periodic basis, such as daily, weekly, monthly or annually. A tenant at will is a tenant who holds possession of property with the permission of the landlord, who does not have a valid lease and who pays rent on other than a periodic basis. Current law specifies, however, that a person who holds possession of property under a contract of purchase or an employment contract is not a tenant at will. Therefore, the notice requirements to terminate a tenancy at will, as well as other requirements that apply to landlords and tenants, do not apply to those two types of persons. This bill adds that persons renting or occupying a dwelling unit in a hotel, motel, boarding house, tourist rooming house, bed and breakfast establishment, private residence hall or other similar premises on a temporary or transient basis while away from home for such purposes as vacation, recreation, business or employment are not tenants. Therefore, the requirements under the statutes that relate to landlords and tenants do not apply to those persons.

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

AB375, s. 1 Section 1. 704.01 (4m) of the statutes is created to read:

AB375,2,2 704.01 (4m) "Tenant" does not include any of the following:

AB375,2,4 (a) A person holding possession of real property under a contract of purchase or an employment contract.

AB375,2,9 (b) A person renting or occupying a dwelling unit in a hotel, motel, boarding house, tourist rooming house, bed and breakfast establishment, private residence hall or other similar premises, on a temporary or transient basis, while away from his or her permanent residence for vacation, pleasure, recreation, business or employment purposes.

AB375, s. 2 Section 2. 704.01 (5) of the statutes is amended to read:

AB375,2,14 704.01 (5) "Tenant at will" means any tenant holding with the permission of the tenant's landlord without a valid lease and under circumstances not involving periodic payment of rent; but a person holding possession of real property under a contract of purchase or an employment contract is not a tenant under this chapter.

AB375,2,15 (End)