LRB-4929/1
JAM&KRP:cjs
2023 - 2024 LEGISLATURE
November 9, 2023 - Introduced by Senators Larson, Agard,
L. Johnson, Roys and
Taylor, cosponsored by Representatives Jacobson, J. Anderson, Clancy,
Madison, Ratcliff, Palmeri, Baldeh, Bare, Billings, C. Anderson, Cabrera,
Conley, Considine, Drake, Emerson, Hong, Joers, Moore Omokunde,
Shelton, Sinicki, Snodgrass and Stubbs. Referred to Committee on Housing,
Rural Issues and Forestry.
SB664,1,2
1An Act to repeal 704.17 (4m) and 799.40 (1g); and
to amend 704.19 (7) (c) of the
2statutes;
relating to: eviction notices.
Analysis by the Legislative Reference Bureau
Under current law, if a landlord provides notice of termination of a tenant's
tenancy due to failure to pay rent or other amount due under the rental agreement
and the notice includes an incorrect statement of the amount due, the notice is still
valid unless the statement of amount due is intentionally incorrect or the tenant
provided a payment of an amount the tenant believes to be due. This bill repeals this
provision.
Additionally under current law, notice of termination of tenancy is considered
given on the 2nd day after the day of mailing, if the mail is addressed to a point within
the state. This bill changes “2nd day” to “5th day.”
Also under current law, a landlord providing certain notices of termination of
tenancy may provide proof of certified mailing from the United States post office in
order to establish that the landlord provided proper notice for the purpose of filing
a complaint in small claims court or otherwise demonstrating that proper notice has
been provided in an eviction action, and an affidavit of service may not be requested
to establish that proper notice has been provided. The bill eliminates that provision.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB664,1
1Section
1. 704.17 (4m) of the statutes is repealed.
SB664,2
2Section
2. 704.19 (7) (c) of the statutes is amended to read:
SB664,2,53
704.19
(7) (c) The
2nd 5th day after the day of mailing if the mail is addressed
4to a point within the state, and the 5th day after the day of mailing in all other cases,
5under s. 704.21 (1) (d) and (2) (c).
SB664,3
6Section
3. 799.40 (1g) of the statutes is repealed.
