AB738,3 12Section 3. 704.17 (2) (a) of the statutes is amended to read:
AB738,3,2413 704.17 (2) (a) If Except as provided under sub. (3d), if a tenant under a lease
14for a term of one year or less, or a year-to-year tenant, fails to pay any installment
15of rent when due, the tenant's tenancy is terminated if the landlord gives the tenant
16notice requiring the tenant to pay rent or vacate on or before a date at least 5 days
17after the giving of the notice and if the tenant fails to pay accordingly. If Except as
18provided in sub. (3d), if
a tenant has been given such a notice and has paid the rent
19on or before the specified date, or been permitted by the landlord to remain in
20possession contrary to such notice, and if within one year of any prior default in
21payment of rent for which notice was given the tenant fails to pay a subsequent
22installment of rent on time, the tenant's tenancy is terminated if the landlord, while
23the tenant is in default in payment of rent, gives the tenant notice to vacate on or
24before a date at least 14 days after the giving of the notice.
AB738,4 25Section 4. 704.17 (3) (a) of the statutes is amended to read:
AB738,4,12
1704.17 (3) (a) If Except as provided under sub. (3d), if a tenant under a lease
2for more than one year fails to pay rent when due, or commits waste, or breaches any
3other covenant or condition of the tenant's lease, the tenancy is terminated if the
4landlord gives the tenant notice requiring the tenant to pay the rent, repair the
5waste, or otherwise comply with the lease on or before a date at least 30 days after
6the giving of the notice, and if the tenant fails to comply with the notice. A tenant
7is deemed to be complying with the notice if promptly upon receipt of the notice the
8tenant takes reasonable steps to remedy the default and proceeds with reasonable
9diligence, or if damages are adequate protection for the landlord and the tenant
10makes a bona fide and reasonable offer to pay the landlord all damages for the
11tenant's breach; but in case of failure to pay rent, all rent due must be paid on or
12before the date specified in the notice.
AB738,5 13Section 5. 704.17 (3d) of the statutes is created to read:
AB738,4,1714 704.17 (3d) Notices during a public health emergency for failure to pay
15rent.
(a) During a public health emergency, as defined in s. 799.40 (5) (a), if a
16residential tenant fails to pay rent when due, the tenant's tenancy is terminated if
17all of the following occur:
AB738,4,1918 1. The landlord gives the tenant notice requiring the tenant to pay rent or
19vacate on or before a date at least 30 days after the giving of the notice.
AB738,4,2020 2. The tenant fails to pay the rent.
AB738,4,2321 3. The landlord applies for and is denied emergency rental assistance under a
22federal assistance program, if such a program exists, or is ineligible for such
23emergency rental assistance.
AB738,4,2424 (b) A notice under par. (a) is valid only if it includes all of the following:
AB738,5,3
11. The name and contact information, including phone number, address, and
2website, of the emergency rental assistance provider serving the county where the
3tenant resides, if applicable.
AB738,5,54 2. The name and contact information, including phone number, address, and
5e-mail address, of the landlord.
AB738,5,86 3. A statement that, if the landlord is qualified to seek emergency rental
7assistance under a federal assistance program, the landlord is required to apply for
8such funds.
AB738,5,109 4. A statement as to whether the landlord is qualified to receive emergency
10rental assistance under a federal assistance program.
AB738,5,1311 5. If the landlord is not qualified to receive emergency rental assistance under
12a federal assistance program, a statement that the tenant may be able to apply for
13emergency rental assistance.
AB738,5,1614 6. A statement that the landlord may not pursue an action for eviction against
15the tenant based on the notice provided under par. (a) if the tenant or the landlord
16applies for and is approved to receive emergency rental assistance.
AB738,5,2017 7. A statement that the landlord may not pursue an action for eviction against
18the tenant based on the notice provided under par. (a) unless the parties participate
19in mediation and are unable to reach a settlement or unless the tenant refuses to
20participate in mediation.
AB738,6 21Section 6. 710.15 (5r) of the statutes is amended to read:
AB738,5,2522 710.15 (5r) Notice requirements apply. The notice requirements of s. 704.17
23(1p) (a), (2) (a) and, (3), and (3d) apply to a termination of tenancy under sub. (5m)
24(a) and the notice requirements of s. 704.17 (1p) (b), (2) (b) and, (3), and (3d) apply
25to a termination of tenancy under sub. (5m) (b) to (k).
AB738,7
1Section 7. 799.40 (1m) of the statutes is amended to read:
AB738,6,72 799.40 (1m) Acceptance of rent or other payment. If Except as provided
3under sub. (5), if
a landlord commences an action under this section against a tenant
4whose tenancy has been terminated for failure to pay rent or for any other reason,
5the action under this section may not be dismissed because the landlord accepts past
6due rent or any other payment from the tenant after serving notice of default or after
7commencing the action.
AB738,8 8Section 8. 799.40 (5) of the statutes is created to read:
AB738,6,109 799.40 (5) Requirements during a public health emergency. (a) In this
10subsection:
AB738,6,1111 1. “Mediation” has the meaning given in s. 802.12 (1) (e).
AB738,6,1612 2. “Public health emergency” means a state of emergency related to public
13health declared under s. 323.10 in response to an infectious disease outbreak or a
14public health emergency declared under 42 USC 247d by the secretary of the federal
15department of health and human services in response to an infectious disease
16outbreak.
AB738,6,1817 (b) During a public health emergency, the court shall stay the proceedings in
18a residential eviction action until all of the following occur:
AB738,6,2419 1. The landlord files proof with the court that he or she has applied for and been
20denied emergency rental assistance under a federal assistance program, if such a
21program exists, or, if the landlord files proof with the court that he or she is ineligible
22for such emergency rental assistance, until the landlord or tenant files proof that the
23tenant has failed to apply for or has applied for and been denied such emergency
24rental assistance, if such a program exists.
AB738,7,3
12. The landlord and tenant notify the court that they have participated in the
2mediation process and are unable to reach a settlement or the landlord notifies the
3court that the tenant has refused to participate in mediation.
AB738,7,84 (c) During a public health emergency, the court shall stay the proceedings in
5a residential eviction action if the tenant or landlord files proof with the court that
6the tenant or landlord has been approved to receive emergency rental assistance
7under a federal assistance program. The stay shall remain in effect until the
8expiration of the public health emergency.
AB738,9 9Section 9. Initial applicability.
AB738,7,1110 (1) The treatment of s. 704.17 (3d) first applies to notices issued on the effective
11date of this subsection.
AB738,7,1212 (End)
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