Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB659 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 SENATE BILL 659
5	5	November 9, 2023 - Introduced by Senators LARSON, L. JOHNSON, HESSELBEIN, ROYS
6	6	and SMITH, cosponsored by Representatives CLANCY, C. ANDERSON, MADISON,
7	7	RATCLIFF, PALMERI, BALDEH, BARE, CABRERA, DRAKE, SHELTON, SINICKI,
8	8	SNODGRASS, STUBBS, HONG, EMERSON, CONSIDINE, JOERS, MOORE OMOKUNDE,
9	9	JACOBSON and J. ANDERSON. Referred to Committee on Housing, Rural Issues
10	10	and Forestry.
11	11	AN ACT to amend 704.17 (1p) (a), 704.17 (2) (a) and 799.40 (1m) of the statutes;
12	12	relating to: evicting tenants for failure to pay rent.
13	13	Analysis by the Legislative Reference Bureau
14	14	Under current law, if a tenant fails to pay rent when due, the landlord may
15	15	terminate the tenancy by giving the tenant a notice requiring the tenant to pay rent
16	16	or vacate the premises within at least five days. This bill extends this period for
17	17	paying rent or vacating to 30 days.
18	18	Also under current law, if a landlord brings an eviction action against a tenant
19	19	for failing to pay rent, the case may not be dismissed based on the fact that the
20	20	landlord accepts payment from the tenant after the eviction action is filed. This bill
21	21	provides that an eviction action must be dismissed if the tenant pays all rent owed,
22	22	and any other payment required by the court, at any point before judgment is entered
23	23	in the eviction action.
24	24	The people of the state of Wisconsin, represented in senate and assembly, do
25	25	enact as follows:
26	26	SECTION 1. 704.17 (1p) (a) of the statutes is amended to read:
27	27	704.17 (1p) (a) If a month-to-month tenant or a week-to-week tenant fails to
28	28	pay rent when due, the tenant's tenancy is terminated if the landlord gives the tenant
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35	35	SECTION 1 SENATE BILL 659
36	36	notice requiring the tenant to pay rent or vacate on or before a date at least 5 30 days
37	37	after the giving of the notice and if the tenant fails to pay accordingly. A
38	38	month-to-month tenancy is terminated if the landlord, while the tenant is in default
39	39	in payment of rent, gives the tenant notice requiring the tenant to vacate on or before
40	40	a date at least 14 days after the giving of the notice.
41	41	SECTION 2. 704.17 (2) (a) of the statutes is amended to read:
42	42	704.17 (2) (a) If a tenant under a lease for a term of one year or less, or a
43	43	year-to-year tenant, fails to pay any installment of rent when due, the tenant's
44	44	tenancy is terminated if the landlord gives the tenant notice requiring the tenant to
45	45	pay rent or vacate on or before a date at least 5 30 days after the giving of the notice
46	46	and if the tenant fails to pay accordingly. If a tenant has been given such a notice
47	47	and has paid the rent on or before the specified date, or been permitted by the
48	48	landlord to remain in possession contrary to such notice, and if within one year of any
49	49	prior default in payment of rent for which notice was given the tenant fails to pay a
50	50	subsequent installment of rent on time, the tenant's tenancy is terminated if the
51	51	landlord, while the tenant is in default in payment of rent, gives the tenant notice
52	52	to vacate on or before a date at least 14 days after the giving of the notice.
53	53	SECTION 3. 799.40 (1m) of the statutes is amended to read:
54	54	799.40 (1m) ACCEPTANCE OF RENT OR OTHER PAYMENT. If a landlord commences
55	55	an action under this section against a tenant whose tenancy has been terminated for
56	56	failure to pay rent or for any other reason, the action under this section may not shall
57	57	be dismissed because, and the tenancy reinstated, if the landlord accepts tenant, at
58	58	any time before judgment is entered in the action, pays to the landlord all past due
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81	81	23 - 3 -2023 - 2024 Legislature
82	82	LRB-4926/1
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84	84	SECTION 3
85	85	SENATE BILL 659
86	86	rent or and any other payment from the tenant after serving notice of default or after
87	87	commencing the action required by the court.
88	88	(END)
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