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1 | 1 | LRB-3899/1 | |
2 | 2 | KRP:emw | |
3 | 3 | 2023 - 2024 LEGISLATURE | |
4 | 4 | 2023 ASSEMBLY BILL 704 | |
5 | 5 | November 27, 2023 - Introduced by Representatives CLANCY, MADISON, RATCLIFF, | |
6 | 6 | PALMERI, C. ANDERSON, J. ANDERSON, BALDEH, CABRERA, CONSIDINE, DRAKE, | |
7 | 7 | EMERSON, HONG, JACOBSON, MOORE OMOKUNDE, SHELTON, SINICKI, SNODGRASS | |
8 | 8 | and STUBBS, cosponsored by Senators LARSON and ROYS. Referred to | |
9 | 9 | Committee on Judiciary. | |
10 | 10 | ***AUTHORS SUBJECT TO CHANGE*** | |
11 | 11 | AN ACT to repeal 799.40 (1s) of the statutes; relating to: the defense of waiver | |
12 | 12 | in eviction actions. | |
13 | 13 | Analysis by the Legislative Reference Bureau | |
14 | 14 | Current law provides that, in a small claims eviction action, it is not a defense | |
15 | 15 | to the action that the landlord or tenant has previously waived a breach of the rental | |
16 | 16 | agreement, including by accepting late rent payments, or that a custom or practice | |
17 | 17 | developed between the landlord and tenant so as to waive the right of the landlord | |
18 | 18 | or tenant to insist upon strict performance of the terms of the rental agreement. This | |
19 | 19 | bill eliminates that prohibition on the defense of waiver. | |
20 | 20 | The people of the state of Wisconsin, represented in senate and assembly, do | |
21 | 21 | enact as follows: | |
22 | 22 | SECTION 1. 799.40 (1s) of the statutes is repealed. | |
23 | 23 | (END) | |
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