LRB-1793/1
PJK:bjk:ph
2009 - 2010 LEGISLATURE
March 10, 2010 - Introduced by Senators Plale, Hansen and A. Lasee, cosponsored
by Representatives Honadel, J. Ott, Townsend, Staskunas and Vos. Referred
to Committee on Judiciary, Corrections, Insurance, Campaign Finance
Reform, and Housing.
SB607,1,4
1An Act to amend 704.17 (1) (b), 704.17 (2) (b) and 704.17 (3) (a); and
to create
2704.17 (1) (d), 704.17 (2) (d) and 704.17 (3) (c) of the statutes;
relating to:
3terminating a tenancy on the basis that certain crimes or other activities are
4being committed on or near the premises.
Analysis by the Legislative Reference Bureau
Under current law, a tenant's tenancy may be terminated by the landlord for
nonpayment of rent, for committing waste, for breaching a covenant or condition of
the tenant's rental agreement, or if the property owner receives notice from a law
enforcement agency or the office of the district attorney that a nuisance exists in the
rental unit because the property is being used for drug-related purposes or criminal
gang-related purposes. Under this bill, a property owner may terminate the tenancy
of a tenant by using the method provided in the bill if the tenant or a guest of the
tenant is committing or has committed on or near the premises a breach of the lease
that jeopardizes the health, safety, or welfare of the property owner or his or her
agent or another tenant; criminal gang activity; or any of a number of crimes
specified in the bill relating to prostitution, harassment, battery, endangering safety
by use of a dangerous weapon, or damage to property. The property owner must
provide notice to the tenant to vacate the property on or before a date that is at least
five days after the giving of the notice. The notice must advise the tenant of the
reason for termination of the tenancy and of the tenant's right to contest the
termination of tenancy in an eviction action. If the tenant contests the termination
of tenancy in an eviction action, the property owner must prove by the greater
preponderance of the evidence that the tenant or a guest of the tenant is committing
or has committed the crime or other action on which the termination of tenancy is
based.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB607, s. 1
1Section
1. 704.17 (1) (b) of the statutes is amended to read:
SB607,2,62
704.17
(1) (b)
If Except as provided in par. (d), if a month-to-month tenant
3commits waste or a material violation of s. 704.07 (3) or breaches any covenant or
4condition of the tenant's agreement, other than for payment of rent, the tenancy can
5be terminated if the landlord gives the tenant notice requiring the tenant to vacate
6on or before a date at least 14 days after the giving of the notice.
SB607, s. 2
7Section
2. 704.17 (1) (d) of the statutes is created to read:
SB607,2,118
704.17
(1) (d) 1. A property owner may terminate the tenancy of a
9week-to-week or month-to-month tenant by using the procedure under subd. 2. if
10the tenant or a guest of the tenant is committing or has committed on or near the
11premises any of the following:
SB607,2,1212
a. Any of the crimes relating to battery that are specified under s. 940.19.
SB607,2,1413
b. Any of the crimes relating to endangering safety by use of a dangerous
14weapon that specified under s. 941.20.
SB607,2,1515
c. Criminal gang activity, as defined in s. 941.38.
SB607,2,1716
d. Any of the crimes relating to damage to property that are specified under s.
17943.01.
SB607,2,1918
e. Any of the crimes relating to prostitution that are specified under ss. 944.30,
19944.31, 944.33, and 944.34.
SB607,2,2020
f. Any of the crimes relating to harassment that are specified under s. 947.013.
SB607,3,2
1g. Any breach of the rental agreement that jeopardizes the health, safety, or
2welfare of the property owner or his or her agent or another tenant.
SB607,3,113
2. A property owner terminating a tenancy on the basis of a crime or other
4activity specified in subd. 1. must give the tenant written notice requiring the tenant
5to vacate on or before a date not less than 5 days after the giving of the notice. The
6notice shall state the basis for its issuance and the right of the tenant to contest the
7termination of tenancy in an eviction action under ch. 799. If the tenant contests the
8termination of tenancy, the tenancy may not be terminated without proof by the
9property owner by the greater preponderance of the credible evidence that the tenant
10or a guest of the tenant is committing or has committed on or near the premises a
11crime or other activity specified in subd. 1.
SB607, s. 3
12Section
3. 704.17 (2) (b) of the statutes is amended to read:
SB607,4,413
704.17
(2) (b)
If Except as provided in par. (d), if a tenant under a lease for a
14term of one year or less, or a year-to-year tenant, commits waste or a material
15violation of s. 704.07 (3) or breaches any covenant or condition of the tenant's lease,
16other than for payment of rent, the tenant's tenancy is terminated if the landlord
17gives the tenant a notice requiring the tenant to remedy the default or vacate the
18premises on or before a date at least 5 days after the giving of the notice, and if the
19tenant fails to comply with such notice. A tenant is deemed to be complying with the
20notice if promptly upon receipt of such notice the tenant takes reasonable steps to
21remedy the default and proceeds with reasonable diligence, or if damages are
22adequate protection for the landlord and the tenant makes a bona fide and
23reasonable offer to pay the landlord all damages for the tenant's breach.
If Except
24as provided in par. (d), if within one year from the giving of any such notice, the
25tenant again commits waste or breaches the same or any other covenant or condition
1of the tenant's lease, other than for payment of rent, the tenant's tenancy is
2terminated if the landlord, prior to the tenant's remedying the waste or breach, gives
3the tenant notice to vacate on or before a date at least 14 days after the giving of the
4notice.
SB607, s. 4
5Section
4. 704.17 (2) (d) of the statutes is created to read:
SB607,4,96
704.17
(2) (d) 1. A property owner may terminate the tenancy of a tenant who
7is under a lease for a term of one year or less or who is a year-to-year tenant by using
8the procedure under subd. 2. if the tenant or a guest of the tenant is committing or
9has committed on or near the premises any of the following:
SB607,4,1010
a. Any of the crimes relating to battery that are specified under s. 940.19.
SB607,4,1211
b. Any of the crimes relating to endangering safety by use of a dangerous
12weapon that specified under s. 941.20.
SB607,4,1313
c. Criminal gang activity, as defined in s. 941.38.
SB607,4,1514
d. Any of the crimes relating to damage to property that are specified under s.
15943.01.
SB607,4,1716
e. Any of the crimes relating to prostitution that are specified under ss. 944.30,
17944.31, 944.33, and 944.34.
SB607,4,1818
f. Any of the crimes relating to harassment that are specified under s. 947.013.
SB607,4,2019
g. Any breach of the rental agreement that jeopardizes the health, safety, or
20welfare of the property owner or his or her agent or another tenant.
SB607,5,421
2. A property owner terminating a tenancy on the basis of a crime or other
22activity specified in subd. 1. must give the tenant written notice requiring the tenant
23to vacate on or before a date not less than 5 days after the giving of the notice. The
24notice shall state the basis for its issuance and the right of the tenant to contest the
25termination of tenancy in an eviction action under ch. 799. If the tenant contests the
1termination of tenancy, the tenancy may not be terminated without proof by the
2property owner by the greater preponderance of the credible evidence that the tenant
3or a guest of the tenant is committing or has committed on or near the premises a
4crime or other activity specified in subd. 1.
SB607, s. 5
5Section
5. 704.17 (3) (a) of the statutes is amended to read:
SB607,5,176
704.17
(3) (a)
If Except as provided in par. (c), if a tenant under a lease for more
7than one year fails to pay rent when due, or commits waste, or breaches any other
8covenant or condition of the tenant's lease, the tenancy is terminated if the landlord
9gives the tenant notice requiring the tenant to pay the rent, repair the waste, or
10otherwise comply with the lease on or before a date at least 30 days after the giving
11of the notice, and if the tenant fails to comply with the notice. A tenant is deemed
12to be complying with the notice if promptly upon receipt of the notice the tenant takes
13reasonable steps to remedy the default and proceeds with reasonable diligence, or if
14damages are adequate protection for the landlord and the tenant makes a bona fide
15and reasonable offer to pay the landlord all damages for the tenant's breach; but in
16case of failure to pay rent, all rent due must be paid on or before the date specified
17in the notice.
SB607, s. 6
18Section
6. 704.17 (3) (c) of the statutes is created to read:
SB607,5,2219
704.17
(3) (c) 1. A property owner may terminate the tenancy of a tenant who
20is under a lease for a term of more than one year by using the procedure under subd.
212. if the tenant or a guest of the tenant is committing or has committed on or near
22the premises any of the following:
SB607,5,2323
a. Any of the crimes relating to battery that are specified under s. 940.19.
SB607,5,2524
b. Any of the crimes relating to endangering safety by use of a dangerous
25weapon that specified under s. 941.20.
SB607,6,1
1c. Criminal gang activity, as defined in s. 941.38.
SB607,6,32
d. Any of the crimes relating to damage to property that are specified under s.
3943.01.
SB607,6,54
e. Any of the crimes relating to prostitution that are specified under ss. 944.30,
5944.31, 944.33, and 944.34.
SB607,6,66
f. Any of the crimes relating to harassment that are specified under s. 947.013.
SB607,6,87
g. Any breach of the rental agreement that jeopardizes the health, safety, or
8welfare of the property owner or his or her agent or another tenant.
SB607,6,179
2. A property owner terminating a tenancy on the basis of a crime or other
10activity specified in subd. 1. must give the tenant written notice requiring the tenant
11to vacate on or before a date not less than 5 days after the giving of the notice. The
12notice shall state the basis for its issuance and the right of the tenant to contest the
13termination of tenancy in an eviction action under ch. 799. If the tenant contests the
14termination of tenancy, the tenancy may not be terminated without proof by the
15property owner by the greater preponderance of the credible evidence that the tenant
16or a guest of the tenant is committing or has committed on or near the premises a
17crime or other activity specified in subd. 1.
SB607,6,2019
(1) This act first applies to crimes or other actions committed during tenancies
20commenced or renewed on the effective date of this subsection.
