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Bills from the 2011–12 session

Assembly Bill 561

Miscellaneous landlord-tenant provisions and prohibiting a local government from imposing a moratorium on eviction actions

Topics: Administrative code, County: Ordinance, Housing, Landlord and tenant, Municipality: Ordinance, Personal property

Stopped before the full Assembly voted

The recommended passing it, but the full Assembly never voted on it. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Feb 13, 2012

  2. Committee, passed

    Approved

  3. Assembly vote, stopped here

    Stopped here. The full Assembly never voted on it.

  4. Senate vote, not reached

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Mar 23, 2012: “Failed to pass pursuant to ⁠”

Read the bill

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What it would have done

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

This bill makes a number of changes to current law relating to landlord-tenant relations, including the following:

1. Current law provides that, if a tenant leaves behind personal property after moving out of the rental premises, the landlord may store the property without a lien and return it to the tenant; store the property with a lien for the cost of storage and give the tenant notice of the storage within ten days after the charges begin; or give the tenant notice that after 30 days the landlord intends to dispose of the property by sale or other appropriate means. If the landlord disposes of the property by sale, the landlord may deduct the costs of sale from the proceeds. The tenant has 60 days after the date of the sale to claim the remaining proceeds, and any proceeds not claimed by the tenant must be sent to the Department of Administration (DOA) to be used for providing grants to agencies and shelter facilities for the homeless.

Read the full summary

Current law allows the tenant or any person with a security interest in the property to redeem the property before the landlord disposes of it or enters into a contract for its disposal by paying the landlord's costs for removal, storage, disposition, and arranging for the sale, of the property.

The bill eliminates the procedures under current law for disposing of personal property that a tenant leaves behind and provides that, in the absence of a written agreement to the contrary between the landlord and tenant, the landlord may presume that the personal property has been abandoned and may dispose of it in any manner that the landlord determines is appropriate. The tenant is responsible for any costs that the landlord incurs with respect to the property's disposal. If the landlord sells the property, the landlord may send the proceeds, minus any costs of sale and storage, to DOA for use in providing grants to homeless shelters. As under current law, the tenant or a secured party, however, may redeem the property before the landlord disposes of the property, or enters into a contract for its disposal, by paying all charges that the landlord has incurred with respect to the disposal.

2. Currently, what a landlord may deduct from a tenant's security deposit when the tenant vacates the premises is specified, not in the statutes, but in the Wisconsin Administrative Code (Code). The bill incorporates the Code provisions into the statutes and thus provides that a landlord may deduct amounts from a security deposit for tenant damage to the premises, unpaid rent, unpaid utility services for which the tenant was responsible, any unpaid monthly municipal permit fees, and any other reason provided in a nonstandard rental provision to which the tenant has agreed. A landlord specifically may not deduct amounts from a security deposit for normal wear and tear.

The bill also provides that, if a tenant removes from the premises before the end of his or her lease term, the landlord must return the tenant's security deposit within 21 days after the end of the lease term or, if the landlord rerents the premises before the end of that lease term, within 21 days after the new tenant's tenancy begins.

3. The bill requires a landlord to provide to a new tenant a standardized information check-in sheet with an itemized description of the condition of the premises at the time of the tenant's check-in. In addition, a landlord must disclose to a prospective tenant any uncorrected building code violation: 1) that affects the prospective tenant's dwelling unit or a common area of the premises; 2) for which the landlord has received notice from a local housing code enforcement agency; and 3) for which the date for correction is past due.

4. The bill requires a tenant to notify the landlord in writing of any repair or maintenance that the premises requires before reporting the problem to a building inspector, elected public official, or local housing code enforcement agency.

5. Current law provides that a rental agreement is void and unenforceable if it allows a landlord to take various actions, such as increasing rent or refusing to renew a rental agreement, because the tenant has contacted an entity for law enforcement services, health services, or safety services. The bill changes this to provide that, rather than the entire rental agreement being void and unenforceable, any provision in a rental agreement that allows a landlord to take the specified actions is void and unenforceable. The bill also provides generally that provisions in rental agreements are severable and that the invalidity or unenforceability of any provision does not affect the other provisions that can be given effect without the invalid provision.

6. Under current law, if a tenant does not remove from the premises after his or her lease has expired or his or her tenancy has been terminated, such as for nonpayment of rent, the landlord may recover damages from the tenant for the tenant's failure to vacate. The statute provides that the landlord may recover as minimum damages twice the rental value of the premises for the time that the tenant remained in possession if the landlord does not prove that he or she suffered greater damages. The bill provides that the landlord, at the landlord's discretion, shall recover damages for the tenant's failure to vacate. The amount of the damages shall be, at a minimum, twice the rental value of the premises for the time that the tenant remained in possession, in the absence of proof of greater damages. The bill also clarifies that the landlord may seek and recover any other damages to which the landlord may be entitled.

7. The bill provides that, if a landlord commences an eviction action against a tenant whose tenancy was terminated for nonpayment of rent and the landlord accepts past due rent from the tenant, the eviction action may not be dismissed solely because of the acceptance of the rent.

8. The bill also prohibits any city, village, town, or county from enacting an ordinance, or enforcing an existing ordinance, that imposes a moratorium on a landlord from pursuing an eviction action against a tenant of the landlord's residential or commercial property.

Who's behind it

4 lawmakers are its ⁠. All 4 are Republicans.

1 more lawmaker ⁠.

See all 5 names

Authors (4)

Signed on in support (1)

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

How lawmakers voted

There was one vote on this bill.

Assembly Committee on Housing vote on an amendment

Passed, 7 to 1 · Mar 9, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report Assembly Substitute Amendment 1 adoption recommended by committee on Housing, Ayes 7, Noes 1”. Official record · This vote on its own page

What happened

  1. Mar 23, 2012

    The session ended, and the bill died with it.

  2. Mar 9, 2012

    Sent to the Assembly Committee on Rules.

  3. Mar 9, 2012

    The committee voted to recommend passing it, 5 to 3.

  4. Feb 27, 2012

    A state agency sent in its estimate of the cost.

  5. Feb 23, 2012

    A state agency sent in its estimate of the cost.

  6. Feb 15, 2012

    The committee held a public hearing.

  7. Feb 13, 2012

    Sent to the Assembly Committee on Housing.

  8. Feb 13, 2012

    Introduced in the Assembly.

See the official record, word for word
  1. Feb 13, 2012 · Assembly

    Introduced by Representatives Stroebel, Jacque, Litjens and Pridemore;Cosponsored by Senator Lasee

  2. Feb 13, 2012 · Assembly

    Read first time and referred to committee on Housing

  3. Feb 15, 2012 · Assembly

    Public hearing held

  4. Feb 23, 2012 · Assembly

    Fiscal estimate received

  5. Feb 27, 2012 · Assembly

    Fiscal estimate received

  6. Mar 1, 2012 · Assembly

    Assembly substitute amendment 1 offered by Representative Stroebel

  7. Mar 7, 2012 · Assembly

    Executive action taken

  8. Mar 9, 2012 · Assembly

    Report Assembly Substitute Amendment 1 adoption recommended by committee on Housing, Ayes 7, Noes 1

  9. Mar 9, 2012 · Assembly

    Report passage as amended recommended by committee on Housing, Ayes 5, Noes 3

  10. Mar 9, 2012 · Assembly

    Referred to committee on Rules

  11. Mar 9, 2012 · Assembly

    Assembly amendment 1 to Assembly substitute amendment 1 offered by Representative Stroebel

  12. Mar 12, 2012 · Assembly

    Assembly amendment 2 to Assembly substitute amendment 1 offered by Representative Stroebel

  13. Mar 15, 2012 · Assembly

    Assembly amendment 3 to Assembly substitute amendment 1 offered by Representative Hebl

  14. Mar 15, 2012 · Assembly

    Assembly amendment 4 to Assembly substitute amendment 1 offered by Representative Hebl

  15. Mar 15, 2012 · Assembly

    Assembly amendment 5 to Assembly substitute amendment 1 offered by Representative Hebl

  16. Mar 15, 2012 · Assembly

    Assembly amendment 6 to Assembly substitute amendment 1 offered by Representative Hebl

  17. Mar 15, 2012 · Assembly

    Assembly amendment 7 to Assembly substitute amendment 1 offered by Representative Hebl

  18. Mar 23, 2012 · Assembly

    Failed to pass pursuant to Senate Joint Resolution 1

Terms on this page

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote