Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB710 Compare Versions

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

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 710
5	5	November 27, 2023 - Introduced by Representatives PALMERI, CLANCY, MADISON,
6	6	SNODGRASS, SHELTON, DRAKE, STUBBS, SINICKI, CABRERA, BALDEH, OHNSTAD,
7	7	MOORE OMOKUNDE, J. ANDERSON, JOERS and CONSIDINE, cosponsored by
8	8	Senators AGARD and TAYLOR. Referred to Committee on Housing and Real
9	9	Estate.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to amend 704.25 (2) (b) and 704.25 (4); and to create 704.167, 704.25
12	12	(2) (bm), 704.44 (11) and 704.44 (12) of the statutes; relating to: certain
13	13	requirements for residential leases.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill prohibits a landlord from terminating or refusing to renew a
16	16	residential tenancy without good cause, such as failure to pay rent or breach of the
17	17	lease terms. The bill also prohibits a landlord from refusing to renew a residential
18	18	tenancy unless the landlord provides the tenant with written notice of the refusal to
19	19	renew, and the grounds for the refusal to renew, at least 60 days before the lease
20	20	expires, except in periodic tenancies or cases in which the tenant has failed to pay
21	21	rent. The bill also requires a landlord, when renewing a residential tenancy, to offer
22	22	the tenant the opportunity to enter into a renewed lease for the same period as the
23	23	tenant's expiring lease, unless there is good cause to offer a renewed lease for a
24	24	shorter period.
25	25	Under current law, if a tenant under a lease for a period of less than one year
26	26	stays in the premises (“holds over”) after the lease expires, the landlord can choose
27	27	to hold the tenant on a month-to-month basis instead of evicting the tenant. Under
28	28	the bill, if a residential tenant holds over after the tenant's lease expires, the landlord
29	29	may still choose to hold the tenant on a month-to-month lease, but only if the
30	30	landlord first offers the tenant the opportunity to enter into a renewed lease for the
31	31	same period as the tenant's expired lease.
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34	34	3 - 2 -2023 - 2024 Legislature LRB-3889/1
35	35	MCP:skw&cdc
36	36	ASSEMBLY BILL 710
37	37	The bill also provides that any lease provision that waives the prohibitions and
38	38	requirements under this bill is void.
39	39	The people of the state of Wisconsin, represented in senate and assembly, do
40	40	enact as follows:
41	41	SECTION 1. 704.167 of the statutes is created to read:
42	42	704.167 Good cause and notice required for termination or refusal to
43	43	renew residential leases; period of renewed residential tenancies. (1) A
44	44	residential tenancy may not be terminated, and the renewal of a residential tenancy
45	45	may not be denied, except upon any of the following grounds:
46	46	(a) Failure to pay rent due.
47	47	(b) Conduct that endangers the health or safety of others or disrupts the right
48	48	of others to the peaceful enjoyment and use of the premises, after written notice to
49	49	cease the violation has been delivered to the tenant.
50	50	(c) Vandalism or commission of waste of the property.
51	51	(d) A breach of any term of the lease.
52	52	(e) The landlord seeks to retire the premises permanently from the rental
53	53	housing market.
54	54	(f) The landlord is required to stop renting the premises as a result of action
55	55	taken against the landlord by local or state building or health authorities and it is
56	56	necessary for the premises to be vacated to satisfy the relief sought by the action.
57	57	(g) The physical condition of the premises presents a threat to the health or
58	58	safety of the tenant or others.
59	59	(h) The tenant refuses to sign a lease.
60	60	(i) The tenant makes a material misrepresentation in the application for
61	61	tenancy.
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83	83	LRB-3889/1
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85	85	SECTION 1
86	86	ASSEMBLY BILL 710
87	87	(j) Other good cause.
88	88	(2) Except as provided under ss. 704.17 and 704.19, a landlord may not refuse
89	89	to renew a residential tenancy unless the landlord provides the tenant with written
90	90	notice of the refusal to renew, and the grounds for the refusal to renew, at least 60
91	91	days before the lease expires.
92	92	(3) When renewing a residential tenancy, a landlord shall offer the tenant the
93	93	opportunity to enter into a renewed lease for the same period as the tenant's expiring
94	94	lease unless there is good cause, as described under sub. (1) (a) to (j), to offer a
95	95	renewed lease for a shorter period.
96	96	SECTION 2. 704.25 (2) (b) of the statutes is amended to read:
97	97	704.25 (2) (b) All other Nonresidential leases for less than a year. If premises
98	98	are leased for less than a year for any nonresidential use, or if leased for any period
99	99	primarily for private residential purposes, and the tenant holds over after expiration
100	100	of the lease, the landlord may elect to hold the tenant on a month-to-month basis;
101	101	but if such lease provides for a weekly or daily rent, the landlord may hold the tenant
102	102	only on the periodic basis on which rent is computed.
103	103	SECTION 3. 704.25 (2) (bm) of the statutes is created to read:
104	104	704.25 (2) (bm) Residential leases. If premises are leased for any period
105	105	primarily for residential purposes, and the tenant holds over after expiration of the
106	106	lease, the landlord may elect to hold the tenant on a month-to-month basis, but only
107	107	if the landlord first offers the tenant the opportunity to enter into a renewed lease
108	108	for the same period as the tenant's expired lease.
109	109	SECTION 4. 704.25 (4) of the statutes is amended to read:
110	110	704.25 (4) EFFECT OF CONTRARY AGREEMENT. This section governs except as the
111	111	parties agree otherwise either by the terms of the lease itself or by an agreement at
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138	138	SECTION 4 ASSEMBLY BILL 710
139	139	any subsequent time, except that any agreement to waive the landlord's duty to offer
140	140	a renewed lease under sub. (2) (bm) is void.
141	141	SECTION 5. 704.44 (11) of the statutes is created to read:
142	142	704.44 (11) Allows the landlord to terminate or refuse to renew the tenancy of
143	143	a residential tenant without one of the grounds under s. 704.167 (1) (a) to (j).
144	144	SECTION 6. 704.44 (12) of the statutes is created to read:
145	145	704.44 (12) Allows the landlord to refuse to renew the tenancy of a residential
146	146	tenant without providing the notice under s. 704.167 (2).
147	147	(END)
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