AB711: Bill Text

LRB-3509/4

PJK:jlg:kjf&jf

1999 - 2000 LEGISLATURE

1999 Assembly BILL 711

February 3, 2000 - Introduced by Representatives Sykora, Underheim, Stone, Kestell, Hahn, Ladwig, Musser, Reynolds, Olsen, Kreibich, Ainsworth, Vrakas, Owens, Kelso, Wasserman, Gunderson and Nass, cosponsored by Senators Welch, Fitzgerald, Roessler, Darling and Farrow. Referred to Committee on Housing.

AB711,1,4 An Act to create 704.17 (1) (d), 704.17 (2) (d), 704.17 (3) (c), 704.17 (6) and 704.19 (3m) of the statutes; relating to: termination of tenancy for posing direct threat of physical harm or injury to persons or substantial risk of physical damage to property.

Analysis by the Legislative Reference Bureau

Under current law, a tenant's tenancy may be terminated by the landlord for nonpayment of rent, for committing waste, for breaching a covenant or condition of the tenant's rental agreement or if the property owner receives notice from a law enforcement agency that a nuisance exists in the rental unit because the property is being used for drug-related purposes or criminal gang-related purposes. Under this bill, a landlord may terminate the tenancy of a tenant if the tenant's behavior poses a direct threat to the safety of his or her guests or of the landlord, the landlord's agent, other tenants or guests of other tenants, or if the tenant's behavior poses a substantial risk of physical damage to the property of his or her guests or of the landlord, the landlord's agent, other tenants or guests of other tenants. The landlord must provide notice to the tenant to vacate the property on or before at least five days after the giving of the notice. The notice must advise the tenant of the reason for termination of the tenancy, of the basis on which the landlord believes that the tenant's behavior poses a direct threat or substantial risk and of the tenant's right to contest the termination of tenancy in an eviction action. The bill provides that a claim of a direct threat to the safety of a tenant's own guests, the landlord, the landlord's agent, other tenants or guests of other tenants must be evidenced by behavior that caused harm or injury, that directly threatened harm or injury or that caused a reasonable fear of harm or injury to a guest of the tenant or to the landlord, the landlord's agent, another tenant or a guest of another tenant. A claim of substantial risk of physical damage to the property of a tenant's own guests, the landlord, the landlord's agent, other tenants or guests of other tenants must be evidenced by behavior that caused physical damage, that directly threatened physical damage or that caused a reasonable fear of physical damage to the property of a guest of the tenant or the property of the landlord, the landlord's agent, another tenant or a guest of another tenant.

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

AB711, s. 1 Section 1. 704.17 (1) (d) of the statutes is created to read:

AB711,2,12 704.17 (1) (d) If the behavior of a week-to-week or month-to-month tenant poses a direct threat to the safety of his or her guests or of the landlord, the landlord's agent, other tenants or guests of other tenants, or poses a substantial risk of physical damage to the property of his or her guests or of the landlord, the landlord's agent, other tenants or guests of other tenants, the landlord may terminate the tenancy of the tenant whose behavior poses a direct threat or substantial risk by giving the tenant written notice requiring the tenant to vacate on or before a date at least 5 days after the giving of the notice. The notice shall state the reason for the termination of the tenancy, the basis on which the landlord believes that the tenant's behavior poses a direct threat or substantial risk and the right of the tenant to contest the termination of tenancy in an eviction action under ch. 799.

AB711, s. 2 Section 2. 704.17 (2) (d) of the statutes is created to read:

AB711,3,8 704.17 (2) (d) If the behavior of a tenant under a lease for a term of one year or less or of a year-to-year tenant poses a direct threat to the safety of his or her guests or of the landlord, the landlord's agent, other tenants or guests of other tenants, or poses a substantial risk of physical damage to the property of his or her guests or of the landlord, the landlord's agent, other tenants or guests of other tenants, the landlord may terminate the tenancy of the tenant whose behavior poses a direct threat or substantial risk by giving the tenant written notice requiring the tenant to vacate on or before a date at least 5 days after the giving of the notice. The notice shall state the reason for the termination of the tenancy, the basis on which the landlord believes that the tenant's behavior poses a direct threat or substantial risk and the right of the tenant to contest the termination of tenancy in an eviction action under ch. 799.

AB711, s. 3 Section 3. 704.17 (3) (c) of the statutes is created to read:

AB711,3,20 704.17 (3) (c) If the behavior of a tenant under a lease for a term of more than one year poses a direct threat to the safety of his or her guests or of the landlord, the landlord's agent, other tenants or guests of other tenants, or poses a substantial risk of physical damage to the property of his or her guests or of the landlord, the landlord's agent, other tenants or guests of other tenants, the landlord may terminate the tenancy of the tenant whose behavior poses a direct threat or substantial risk by giving the tenant written notice requiring the tenant to vacate on or before a date at least 5 days after the giving of the notice. The notice shall state the reason for the termination of the tenancy, the basis on which the landlord believes that the tenant's behavior poses a direct threat or substantial risk and the right of the tenant to contest the termination of tenancy in an eviction action under ch. 799.

AB711, s. 4 Section 4. 704.17 (6) of the statutes is created to read:

AB711,3,22 704.17 (6) Evidence of direct threat or substantial risk. Under this section:

AB711,4,3 (a) A claim that a tenant's behavior poses a direct threat to the safety of his or her guests or of the landlord, the landlord's agent, other tenants or guests of other tenants must be evidenced by behavior of that tenant that caused harm or injury, that directly threatened harm or injury or that caused a reasonable fear of harm or injury to a guest of that tenant or to the landlord, the landlord's agent, another tenant or a guest of another tenant.

AB711,4,10 (b) A claim that a tenant's behavior poses a substantial risk of physical damage to the property of his or her guests or of the landlord, the landlord's agent, other tenants or guests of other tenants must be evidenced by behavior of that tenant that caused physical damage, that directly threatened physical damage or that caused a reasonable fear of physical damage to the property of a guest of that tenant or the property of the landlord, the landlord's agent, another tenant or a guest of another tenant.

AB711, s. 5 Section 5. 704.19 (3m) of the statutes is created to read:

AB711,4,24 704.19 (3m) Termination of tenancy for posing direct threat to safety or substantial risk of damage. (a) Notwithstanding subs. (2) and (3), if the behavior of a periodic tenant or a tenant at will poses a direct threat to the safety of his or her guests or of the landlord, the landlord's agent, another tenant or a guest of another tenant, or poses a substantial risk of physical damage to the property of his or her guests or of the landlord, the landlord's agent, other tenants or guests of other tenants, the landlord may terminate the tenancy of the tenant whose behavior poses a direct threat or substantial risk by giving the tenant written notice requiring the tenant to vacate on or before a date at least 5 days after the giving of the notice. The notice shall state the reason for the termination of the tenancy, the basis on which the landlord believes that the tenant's behavior poses a direct threat or substantial risk and the right of the tenant to contest the termination of tenancy in an eviction action under ch. 799.

AB711,4,25 (b) Under par. (a):

AB711,5,6 1. A claim that a tenant's behavior poses a direct threat to the safety of his or her guests or of the landlord, the landlord's agent, other tenants or guests of other tenants must be evidenced by behavior of that tenant that caused harm or injury, that directly threatened harm or injury or that caused a reasonable fear of harm or injury to a guest of that tenant or to the landlord, the landlord's agent, another tenant or a guest of another tenant.

AB711,5,13 2. A claim that a tenant's behavior poses a substantial risk of physical damage to the property of his or her guests or of the landlord, the landlord's agent, other tenants or guests of other tenants must be evidenced by behavior of that tenant that caused physical damage, that directly threatened physical damage or that caused a reasonable fear of physical damage to the property of a guest of that tenant or the property of the landlord, the landlord's agent, another tenant or a guest of another tenant.

AB711,5,14 (End)