The New Landlord/Tenant Law: Dispelling the Ugly Rumors - Wisconsin REALTORS® Association
The New Landlord/Tenant Law: Dispelling the Ugly Rumors
By: Debbi Conrad
The new landlord/tenant and eviction measures contained in 2013 
Wis. Act 76, which for the most part does not go into effect until March
 1, 2014, have attracted a lot of attention in the media and in the 
rumor mill. Misguided and exaggerated reports abound proclaiming that 
this legislation will be very harmful to tenants and will trample their 
rights. To set the record straight …
  
Eviction notices will be mailed so tenants will not know they had a court date
Amendments to Wis. Stat. § 799.12 provide that any circuit court 
may enact a rule authorizing the use of certified mail for the service 
of the summons in an eviction action. Any such court rule must require 
certified mail with return receipt requested. Service of the summons is 
considered completed when it is mailed, unless the envelope enclosing 
the summons has been returned unopened to the clerk prior to the return 
date. Thus tenants will sign the receipt for the eviction summons, or it
 will go back to the court if the tenants do not accept the mailing and 
the court will know there has been no service.
  
Sheriff’s deputies are not required to be present during an eviction
The landlord delivers the writ of restitution ordered by the court 
to the sheriff and pays the applicable fees, and then the sheriff 
executes the writ. The sheriff always comes to remove the tenants and 
any other persons found at the premises. The amendments to Wis. Stat. § 
799.45 allow the landlord to elect to remove the tenant’s personal 
property and store or dispose of the property — the landlord need no 
longer warehouse the tenant’s property. Upon notice to the sheriff, the 
sheriff will assist and supervise this removal and handling of the 
tenant’s personal property.
  
    
REALTOR® practice tip: Given the 
volatility and unpredictability of eviction situations, the prudent 
landlord will have the sheriff stay on the premises to supervise the 
removal of tenant personal property following the eviction of the 
tenants.
  
Notice that landlords may dispose of personal property may be given the day the tenants are moving out
Landlords and property managers no longer have to store personal 
property left behind by tenants. Wis. Stat. § 704.05(5) provides that 
landlords may presume that the property that the tenants leave behind is
 abandoned and may dispose of it in any manner that the landlord 
believes to be appropriate, if and only if, the landlord first has 
provided written notice to the tenant. Notice must be given in the 
original rental agreement or a renewal and must indicate that the 
landlord will not store any personal property the tenant leaves behind 
when the tenant is removed from the premises. These notice dates would 
not occur on the day a tenant moves out.
  
Landlords can throw away a tenant’s abandoned belongings
Beginning with evictions filed on March 1, 2014, the landlord no 
longer needs to warehouse the evicted tenant’s personal property and may
 dispose of items left behind by placing them in the dumpster, donating 
them to charity, selling them or by another appropriate disposal method.
 The tenant or any secured party has the right to redeem the property at
 any time before the landlord has disposed of it or entered into a 
contract for its disposition, by payment of any expenses that the 
landlord has incurred with respect to the property. This provision does 
not provide that the landlord can simply throw away the tenant’s 
personal property when the tenant still has possession of the premises. 
The handling of personal property takes place only after the tenant has 
vacated the premises or been evicted by the sheriff.
  
    
REALTOR® practice tip: The ability to 
presume the property is abandoned and subject to the landlord’s judgment
 as to proper disposal after the eviction of the tenant does not come 
into play automatically. The landlord must have given the required 
notice to the tenant when the tenant entered into the rental agreement, 
or upon renewal of the rental agreement.
  
The legislation allows domestic abuse victims to be evicted
Wis. Stat. § 704.16 — on the books since 2008 — provides that a 
tenant may terminate a tenancy when there is an imminent threat of 
serious physical harm to the tenant or the tenant’s child and the tenant
 provides the landlord with proper notice and documentation. Under Wis. 
Stat. § 106.50 (5m) (dm), which has been in effect since December 2009, a
 tenant who is a victim of domestic abuse, sexual assault or stalking 
has a defense to an eviction based on the commission of one of those 
acts if the tenant proves that the landlord knew or should have known 
that the tenant was a victim of the aforementioned crimes, along with 
other criteria.
  The new Wis. Stat. § 704.14 provides that a residential rental 
agreement must include a Notice Of Domestic Abuse Protections in every 
rental agreement or an addendum to the agreement, beginning with rental 
agreements entered into or renewed on March 1, 2014. The mandatory 
language of this notice educates everyone and heightens tenants’ 
awareness of their existing rights.
  
Tenants are automatically liable if bedbugs are found
Wis. Stat. § 704.07(3) now states that if the tenant’s actions or 
inaction leads to damage to the premises, or results in an insect or 
pest infestation, then the landlord may allow the tenant to repair and 
remediate the damage, or the landlord may do so and require tenant 
reimbursement of all reasonable costs. If the landlord can prove that 
the infestation was caused by the tenant, the tenant is responsible for 
all eradication costs and other damages. This does not eliminate the 
need for the landlord to prove that the tenant caused the infestation.
  
Landlords can withhold money from security deposits without notification
Wis. Admin. Code § ATCP 134.06(4) continues to require that the 
landlord deliver a written statement to the tenant accounting for any 
amounts withheld from a security deposit. The statement shall describe 
each item of physical damage or other claims made against the security 
deposit, and the amount withheld as reasonable compensation for each 
item or claim. No modifications in the new law alter this result.
Illegally parked vehicles will be towed without any verification regarding whether the vehicle was stolen
  The new provisions allow for the immediate towing of vehicles 
illegally parked on properly posted private property upon the request of
 the property owner or agent. A parking citation need not first be 
issued. The posting must be clearly visible and warn that non-authorized
 vehicles will be immediately towed. The towing service must notify 
local law enforcement of the model, make, vehicle identification and 
license plate numbers of the vehicle being towed as well as the location
 to which the vehicle will be removed. The towing companies cannot 
remove a vehicle if law enforcement advises that the vehicle is stolen. 
The Department of Transportation will develop rules regarding the 
reasonable charges for removal and storage of vehicles, the form and 
manner of display of a notice necessary to qualify a property as 
“properly posted,” and guidelines for towing services’ notification to 
law enforcement upon removal of a vehicle. That is why the provisions 
for the towing of vehicles illegally parked on posted private property 
will not go into effect until July 1, 2014.
  At the end of the day, elimination of unnecessary delays and 
expenses helps alleviate some the landlord’s extra costs and lost income
 involved each time a tenant gets into trouble and is unable to meet the
 terms of the rental agreement. Allowing a bad tenant to remain in an 
apartment without paying for the housing increases the landlords’ costs,
 which often result in higher rents for the good tenants — an outcome 
that benefits no one.
Debbi Conrad is Senior Attorney and Director of Legal Affairs for the WRA.