Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB700 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	LRB-3894/1
2	2	MCP:amn
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 700
5	5	November 27, 2023 - Introduced by Representatives CLANCY, MADISON, RATCLIFF,
6	6	PALMERI, C. ANDERSON, J. ANDERSON, BALDEH, CABRERA, CONLEY, DRAKE,
7	7	EMERSON, HONG, JACOBSON, JOERS, MOORE OMOKUNDE, SHELTON, SINICKI,
8	8	SNODGRASS, STUBBS and SUBECK, cosponsored by Senators LARSON, AGARD,
9	9	HESSELBEIN, L. JOHNSON, ROYS and SMITH. Referred to Committee on Housing
10	10	and Real Estate.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to amend 704.05 (5) (a) 1.; and to create 704.05 (5) (d) of the statutes;
13	13	relating to: disposition of property left behind by a tenant and granting
14	14	rule-making authority.
15	15	Analysis by the Legislative Reference Bureau
16	16	Under current law, if a tenant vacates a rented premises, the landlord may
17	17	presume that any personal property left behind has been abandoned and may
18	18	dispose of it, unless there is a written agreement between the landlord and tenant
19	19	to the contrary. This bill provides that a landlord may not presume that personal
20	20	property has been abandoned if there is any indication from the tenant that the
21	21	property is not abandoned. Under the bill, if the tenant has given any indication that
22	22	the personal property is not abandoned, the landlord must comply with the 2009
23	23	version of the statutes, which require the landlord to either store the property or give
24	24	the tenant 30 days' notice before disposing of the property.
25	25	The bill also prohibits a landlord from charging a tenant more than a
26	26	reasonable rate for removing, disposing of, selling, or storing the tenant's personal
27	27	property after the tenant removes from the premises. The bill requires this
28	28	reasonable rate to be set by rule by the Department of Agriculture, Trade and
29	29	Consumer Protection.
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32	32	3 - 2 -2023 - 2024 Legislature LRB-3894/1
33	33	MCP:amn
34	34	ASSEMBLY BILL 700
35	35	For further information see the state fiscal estimate, which will be printed as
36	36	an appendix to this bill.
37	37	The people of the state of Wisconsin, represented in senate and assembly, do
38	38	enact as follows:
39	39	SECTION 1. 704.05 (5) (a) 1. of the statutes is amended to read:
40	40	704.05 (5) (a) 1. If a tenant removes from or is evicted from the premises and
41	41	leaves personal property, the landlord may presume, in the absence of a written
42	42	agreement between the landlord and the tenant to the contrary or any indication
43	43	from the tenant that the personal property is not abandoned, that the tenant has
44	44	abandoned the personal property and may, subject to par. (am) and s. 799.45 (3m),
45	45	dispose of the abandoned personal property in any manner that the landlord, in its
46	46	sole discretion, determines is appropriate. If the tenant has given any indication that
47	47	the personal property is not abandoned, the landlord shall comply with s. 704.05,
48	48	2009 stats., with respect to any personal property left behind by the tenant when the
49	49	tenant removes from the premises, or if the tenant is evicted from the premises and
50	50	the landlord notifies the sheriff under s. 799.45 (3m).
51	51	SECTION 2. 704.05 (5) (d) of the statutes is created to read:
52	52	704.05 (5) (d) Cost to tenant of landlord's disposal of personal property. A
53	53	landlord may not charge to a tenant more than a reasonable rate, as determined by
54	54	the department of agriculture, trade and consumer protection by rule, for removing,
55	55	disposing of, selling, or storing the tenant's personal property after the tenant
56	56	removes from the premises.
57	57	(END)
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