LRB-3895/1
MCP:cdc
2023 - 2024 LEGISLATURE
November 27, 2023 - Introduced by Representatives Clancy, C. Anderson,
Ratcliff, Madison, Palmeri, J. Anderson, Baldeh, Bare, Cabrera, Considine,
Drake, Emerson, Hong, Jacobson, Joers, Moore Omokunde, Shelton,
Sinicki, Snodgrass, Stubbs and Haywood, cosponsored by Senators Larson,
Hesselbein, L. Johnson, Roys and Smith. Referred to Committee on Housing
and Real Estate.
AB701,1,2
1An Act to amend 704.17 (1p) (a), 704.17 (2) (a) and 799.40 (1m) of the statutes;
2relating to: evicting tenants for failure to pay rent.
Analysis by the Legislative Reference Bureau
Under current law, if a tenant fails to pay rent when due, the landlord may
terminate the tenancy by giving the tenant a notice requiring the tenant to pay rent
or vacate the premises within at least five days. This bill extends this period for
paying rent or vacating to 30 days.
Also under current law, if a landlord brings an eviction action against a tenant
for failing to pay rent, the case may not be dismissed based on the fact that the
landlord accepts payment from the tenant after the eviction action is filed. This bill
provides that an eviction action must be dismissed if the tenant pays all rent owed,
and any other payment required by the court, at any point before judgment is entered
in the eviction action.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB701,1
3Section
1. 704.17 (1p) (a) of the statutes is amended to read:
AB701,2,54
704.17
(1p) (a) If a month-to-month tenant or a week-to-week tenant fails to
5pay rent when due, the tenant's tenancy is terminated if the landlord gives the tenant
1notice requiring the tenant to pay rent or vacate on or before a date at least
5 30 days
2after the giving of the notice and if the tenant fails to pay accordingly. A
3month-to-month tenancy is terminated if the landlord, while the tenant is in default
4in payment of rent, gives the tenant notice requiring the tenant to vacate on or before
5a date at least 14 days after the giving of the notice.
AB701,2
6Section
2. 704.17 (2) (a) of the statutes is amended to read:
AB701,2,177
704.17
(2) (a) If a tenant under a lease for a term of one year or less, or a
8year-to-year tenant, fails to pay any installment of rent when due, the tenant's
9tenancy is terminated if the landlord gives the tenant notice requiring the tenant to
10pay rent or vacate on or before a date at least
5
30 days after the giving of the notice
11and if the tenant fails to pay accordingly. If a tenant has been given such a notice
12and has paid the rent on or before the specified date, or been permitted by the
13landlord to remain in possession contrary to such notice, and if within one year of any
14prior default in payment of rent for which notice was given the tenant fails to pay a
15subsequent installment of rent on time, the tenant's tenancy is terminated if the
16landlord, while the tenant is in default in payment of rent, gives the tenant notice
17to vacate on or before a date at least 14 days after the giving of the notice.
AB701,3
18Section
3. 799.40 (1m) of the statutes is amended to read:
AB701,3,219
799.40
(1m) Acceptance of rent or other payment. If a landlord commences
20an action under this section against a tenant whose tenancy has been terminated for
21failure to pay rent
or for any other reason, the action under this section
may not shall 22be dismissed
because, and the tenancy reinstated, if the
landlord accepts tenant, at
23any time before judgment is entered in the action, pays to the landlord all past due
1rent
oder and any other payment
from the tenant after serving notice of default or after
2commencing the action required by the court.