Saturday, February 11, 2012

More on LRB 3645 & 2098

LRB 3645 “Modernizing Miscellaneous Landlord-Tenant Provisions”
Lead Sponsor—Landlord and Rep. Duey Stroebel (R– Saukville) (608) 267-2369 Capitol 8 West

This piece of legislation is currently circulating in the capital for sponsorships which were due Friday February 10th.

What the bill would do:
• Remove the right of local cities and counties to prohibit landlords from evicting under certain circumstances (i.e. winter)
• If a landlord gets caught with an illegal provision in their lease, only that provision is voided, not the entire lease
• Allows leases to be “signed” upon by fax or email
• If you leave any property behind when you move out, the landlord may sell it or throw it out without notification to you, unless
you agreed to something different in writing. And then, they can charge you for any costs involved.
• Changes the remedies for when a landlord fails to disclose repair problems with the apartment—removing double damages court
costs and attorney fees.
• The landlord has to provide a standardized check-in sheet with an itemized description of condition of the property at check-in
• The right to a lien is removed from the law.
• Mandatory double the daily rent if you stay past the date of a 5 or 14 day notice or end of your lease.
• Removes double damages, court costs and reasonable attorney fees for failure to return security deposit—a tenant can only get
single damages.
• Allows a landlord to take any money out of your security deposit that you “agree to” in a non-standard rental provision. Including
flat fees and charges that would currently be illegal.
• Allows landlord to collect your rent after you have fallen behind and still seek an eviction even if you are paid in full.

LRB 2098—Termination of Tenancy for Criminal Activity
Lead Sponsor—Mark Honadel (R– South Milwaukee) (608) 266-0610 Capitol 113 West
This piece of legislation is currently circulating in the capital for sponsorships which are due February 17th.

What the bill would do:
Landlords would be able to evict tenants for any “criminal activity” that includes any act or behavior that is punishable in the state by
a fine or period of imprisonment OR is a violation of an ordinance of the county, city, village or town where the rental property is.
The tenants would be given a 5-day notice, with no right to “cure” or fix the problem
• if the criminal activity has taken place in the rental unit
• is caused by the tenant, a member of the tenant’s household, an invited guest, or an associate of the tenant on any property
owned by the landlord
All the landlord has to prove in court is that there is an allegation of such activity
After the tenant has been evicted, they may still have to pay rent until someone new moves into the unit.
It requires law enforcement agencies to notify landlords when they are investigating an alleged nuisance on the landlord’s property,
so there may not be an actual nuisance, just an investigation of one and someone could be evicted for that allegation.
Examples of who could be evicted based on an accusation, with no right to cure:
• Victims of domestic violence, rape, stalking, assault, battery, theft, burglary, etc
• Tenants who have friends or family members who commit a crime on the landlord’s property, even if the property is in another
town or city or on the other side of town and you have no knowledge of the activity.
• People who get tickets for littering, noise, speeding, parking violations, not wearing a seat belt, not getting a license for your cat
or bike or protesting at the capital

What can you do?
Contact the Wisconsin Alliance for Tenant’s Rights at to get involved.

Join our event on Facebook “Oppose LRB 2098” /

Sign our on-line petition