Bills · 2013-2014 Regular Session

SB 179

Relating to: miscellaneous provisions related to rental and vehicle towing practices and eviction proceedings, prohibitions on enacting ordinances that place certain limitations or requirements on landlords, providing an exemption from emergency rule procedures, granting rule-making authority. (FE)

Court — Procedure Damage _to property_ Garage Housing Landlord and tenant Mobile home Motor vehicle — Parking Ordinance Personal property Sheriff Trade practice Women

Introduced, completed
Passes Senate, completed
Passes Assembly, completed
Governor signs, completed
Law, completed

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

Provisions relating to landlords and tenants

This bill makes a number of miscellaneous changes to the statutes related to

landlords and tenants, including the following:

1. Under current law, if a tenant removes from the rental premises and leaves

personal property behind, in the absence of written agreement to the contrary, there

is a presumption that the tenant has abandoned the personal property, and the

landlord may dispose of it in any way that the landlord determines is appropriate,

with the exception of prescription drugs, which the landlord must hold for seven days

before disposal. If the landlord does not intend to store the property, the landlord

must provide written notice of that fact to the tenant when the tenant enters into or

renews a rental agreement. Also under current law, if a tenant is evicted from the

premises and a writ of restitution is delivered to the sheriff, the sheriff executes the

writ by removing the defendant, who is the tenant, and the defendant's personal

property. However, in counties other than Milwaukee County, the plaintiff, who is

the landlord, may notify the sheriff that the plaintiff or his or her agent will remove

and store the property. Current law provides specific requirements for storage of the

property and notice to the defendant, regardless of whether the sheriff or the plaintiff

removes the personal property.

Under this bill, if a tenant is evicted from the rental premises, the sheriff

executes a writ of restitution in the same manner as under current law. If the sheriff

removes the personal property, the requirements under current law as to storage and

notice to the defendant apply. The bill provides that a plaintiff in any county may

notify the sheriff that the plaintiff or his or her agent will remove the personal

property, in which case the provisions under current law that apply to personal

property that is left behind if the tenant removes from the premises apply. There is

a presumption that the defendant has abandoned the property and, in the absence

of a written agreement to the contrary, the plaintiff may remove and dispose of the

property in any manner that the plaintiff determines is appropriate, except for

prescription drugs, which must be held for seven days before disposal. The bill

provides that, if the landlord does not intend to store any property left behind, either

if the tenant removes from the premises or is evicted, the landlord must provide

written notice to the tenant when the tenant enters into or renews a rental

agreement or at any other time before the tenant removes from or is evicted from the

premises. If the landlord has not done that, the landlord may not dispose of the

property in any manner that the landlord determines is appropriate, but must follow

the notice, storage, and sale requirements that applied under former law when a

tenant removed from the premises and left personal property behind.

2. Under current law, if an employee or a prospective employer of an employee

requests an employer to provide a reference about the employee's job performance

or qualifications, the employer is exempt from civil liability for providing the

What it would cost

Fiscal estimates filed by state agencies, as official PDFs