| 1 | 1 | | LRB-4934/1 |
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| 2 | 2 | | KRP:emw |
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| 3 | 3 | | 2023 - 2024 LEGISLATURE |
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| 4 | 4 | | 2023 SENATE BILL 656 |
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| 5 | 5 | | November 9, 2023 - Introduced by Senators LARSON and ROYS, cosponsored by |
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| 6 | 6 | | Representatives CLANCY, MADISON, RATCLIFF, PALMERI, BALDEH, CABRERA, |
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| 7 | 7 | | DRAKE, SHELTON, SINICKI, SNODGRASS, STUBBS, HONG, MOORE OMOKUNDE, J. |
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| 8 | 8 | | ANDERSON, EMERSON, CONSIDINE, C. ANDERSON and JACOBSON. Referred to |
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| 9 | 9 | | Committee on Housing, Rural Issues and Forestry. |
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| 10 | 10 | | AN ACT to repeal 799.40 (1s) of the statutes; relating to: the defense of waiver |
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| 11 | 11 | | in eviction actions. |
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| 12 | 12 | | Analysis by the Legislative Reference Bureau |
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| 13 | 13 | | Current law provides that, in a small claims eviction action, it is not a defense |
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| 14 | 14 | | to the action that the landlord or tenant has previously waived a breach of the rental |
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| 15 | 15 | | agreement, including by accepting late rent payments, or that a custom or practice |
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| 16 | 16 | | developed between the landlord and tenant so as to waive the right of the landlord |
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| 17 | 17 | | or tenant to insist upon strict performance of the terms of the rental agreement. This |
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| 18 | 18 | | bill eliminates that prohibition on the defense of waiver. |
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| 19 | 19 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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| 20 | 20 | | enact as follows: |
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| 21 | 21 | | SECTION 1. 799.40 (1s) of the statutes is repealed. |
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| 22 | 22 | | (END) |
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