LRB-3899/1
KRP:emw
2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 704
November 27, 2023 - Introduced by Representatives CLANCY, MADISON, RATCLIFF,
PALMERI, C. ANDERSON, J. ANDERSON, BALDEH, CABRERA, CONSIDINE, DRAKE,
EMERSON, HONG, JACOBSON, MOORE OMOKUNDE, SHELTON, SINICKI, SNODGRASS
and STUBBS, cosponsored by Senators LARSON and ROYS. Referred to
Committee on Judiciary.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to repeal 799.40 (1s) of the statutes; relating to: the defense of waiver
in eviction actions.
Analysis by the Legislative Reference Bureau
Current law provides that, in a small claims eviction action, it is not a defense
to the action that the landlord or tenant has previously waived a breach of the rental
agreement, including by accepting late rent payments, or that a custom or practice
developed between the landlord and tenant so as to waive the right of the landlord
or tenant to insist upon strict performance of the terms of the rental agreement. This
bill eliminates that prohibition on the defense of waiver.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 799.40 (1s) of the statutes is repealed.
(END)
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