LRB-2183/1
PJK:jld:rs
2009 - 2010 LEGISLATURE
August 26, 2009 - Introduced by Representatives Dexter, Parisi, Berceau,
Bernard Schaber, Clark, Grigsby, Hebl, Milroy, A. Ott, Pasch, Pocan, Roys,
Seidel, Shilling, Smith, Suder, A. Williams
and Wood, cosponsored by
Senators Holperin, Hansen, Kreitlow, Schultz and Taylor. Referred to
Committee on Housing.
AB400,1,2 1An Act to amend 704.16 (title); and to create 704.16 (4) of the statutes; relating
2to:
requiring landlords to change locks.
Analysis by the Legislative Reference Bureau
Under current law, 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.
This bill requires a landlord to change the locks to a tenant's premises, or to give
a tenant permission to do so, regardless of whether the tenant is terminating his or
her tenancy, if the tenant requests it and provides the landlord with a certified copy
of one of the documents that the tenant must provide under current law to terminate
his or her tenancy because the tenant faces an imminent threat of serious physical
harm from another person if the tenant remains on the premises. The landlord must
change the locks, or give the tenant permission to do so, within 48 hours after
receiving the request and certified copy of the document. The tenant is responsible
for the cost of having the locks changed.
The bill provides an exception from the requirement to change the locks. If the
person who is the subject of the document that the tenant provides a certified copy

of to the landlord is also a tenant of the premises for which the locks are to be
changed, the landlord is not required to change the locks unless the document is: 1)
an injunction directing that other tenant to avoid the residence of the tenant
requesting that the locks be changed; or 2) a condition of release ordering that other
tenant not to contact the tenant requesting that the locks be changed.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB400, s. 1 1Section 1. 704.16 (title) of the statutes is amended to read:
AB400,2,3 2704.16 (title) Termination of tenancy for imminent threat of serious
3physical harm
; changing locks.
AB400, s. 2 4Section 2. 704.16 (4) of the statutes is created to read:
AB400,2,85 704.16 (4) Changing locks. (a) Subject to pars. (b) and (c), regardless of
6whether sub. (1) applies, at the request of a residential tenant who provides the
7landlord with a certified copy of a document specified in sub. (1) (b) 1. to 7., a landlord
8shall change the locks to the tenant's premises.
AB400,2,119 (b) A landlord shall have the locks changed, or may give the tenant permission
10to change the locks, within 48 hours after receiving a request and certified copy under
11par. (a). The tenant shall be responsible for the cost of changing the locks.
AB400,2,1612 (c) If the person who is the subject of the document provided to the landlord
13under par. (a) is also a tenant of the specific premises for which the locks are
14requested to be changed, the landlord is not required to change the locks under this
15subsection unless the document provided by the tenant requesting that the locks be
16changed is any of the following:
AB400,2,1917 1. A document specified in sub. (1) (b) 1., 2., or 3. that directs the tenant who
18is the subject of the document to avoid the residence of the tenant requesting that
19the locks be changed.
AB400,3,3
12. A document specified in sub. (1) (b) 4. that orders the tenant who is the
2subject of the document not to contact the tenant requesting that the locks be
3changed.
AB400, s. 3 4Section 3. Initial applicability.
AB400,3,65 (1) This act first applies to requests to change locks that are received on the
6effective date of this subsection.
AB400,3,77 (End)
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