Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB662 Compare Versions

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

Old	New	Differences
1	1	LRB-4925/1
2	2	MCP:amn
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 662
5	5	November 9, 2023 - Introduced by Senators LARSON, L. JOHNSON, HESSELBEIN, ROYS,
6	6	AGARD and SMITH, cosponsored by Representatives CLANCY, MADISON,
7	7	RATCLIFF, PALMERI, BALDEH, CABRERA, DRAKE, SHELTON, SINICKI, SNODGRASS,
8	8	STUBBS, HONG, EMERSON, JOERS, CONLEY, C. ANDERSON, JACOBSON, SUBECK,
9	9	MOORE OMOKUNDE and J. ANDERSON. Referred to Committee on Housing, Rural
10	10	Issues and Forestry.
11	11	AN ACT to amend 704.05 (5) (a) 1.; and to create 704.05 (5) (d) of the statutes;
12	12	relating to: disposition of property left behind by a tenant and granting
13	13	rule-making authority.
14	14	Analysis by the Legislative Reference Bureau
15	15	Under current law, if a tenant vacates a rented premises, the landlord may
16	16	presume that any personal property left behind has been abandoned and may
17	17	dispose of it, unless there is a written agreement between the landlord and tenant
18	18	to the contrary. This bill provides that a landlord may not presume that personal
19	19	property has been abandoned if there is any indication from the tenant that the
20	20	property is not abandoned. Under the bill, if the tenant has given any indication that
21	21	the personal property is not abandoned, the landlord must comply with the 2009
22	22	version of the statutes, which require the landlord to either store the property or give
23	23	the tenant 30 days' notice before disposing of the property.
24	24	The bill also prohibits a landlord from charging a tenant more than a
25	25	reasonable rate for removing, disposing of, selling, or storing the tenant's personal
26	26	property after the tenant removes from the premises. The bill requires this
27	27	reasonable rate to be set by rule by the Department of Agriculture, Trade and
28	28	Consumer Protection.
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31	31	3 - 2 -2023 - 2024 Legislature LRB-4925/1
32	32	MCP:amn
33	33	SENATE BILL 662
34	34	For further information see the state fiscal estimate, which will be printed as
35	35	an appendix to this bill.
36	36	The people of the state of Wisconsin, represented in senate and assembly, do
37	37	enact as follows:
38	38	SECTION 1. 704.05 (5) (a) 1. of the statutes is amended to read:
39	39	704.05 (5) (a) 1. If a tenant removes from or is evicted from the premises and
40	40	leaves personal property, the landlord may presume, in the absence of a written
41	41	agreement between the landlord and the tenant to the contrary or any indication
42	42	from the tenant that the personal property is not abandoned, that the tenant has
43	43	abandoned the personal property and may, subject to par. (am) and s. 799.45 (3m),
44	44	dispose of the abandoned personal property in any manner that the landlord, in its
45	45	sole discretion, determines is appropriate. If the tenant has given any indication that
46	46	the personal property is not abandoned, the landlord shall comply with s. 704.05,
47	47	2009 stats., with respect to any personal property left behind by the tenant when the
48	48	tenant removes from the premises, or if the tenant is evicted from the premises and
49	49	the landlord notifies the sheriff under s. 799.45 (3m).
50	50	SECTION 2. 704.05 (5) (d) of the statutes is created to read:
51	51	704.05 (5) (d) Cost to tenant of landlord's disposal of personal property. A
52	52	landlord may not charge to a tenant more than a reasonable rate, as determined by
53	53	the department of agriculture, trade and consumer protection by rule, for removing,
54	54	disposing of, selling, or storing the tenant's personal property after the tenant
55	55	removes from the premises.
56	56	(END)
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