(b) If a tenant under a lease for a term of one year or less, or a 2
year-to-year tenant, commits waste or a material violation of s. 704.07 (3) or 3
breaches any covenant or condition of the tenant's lease, other than for payment of 4
rent, the tenant's tenancy is terminated if the landlord gives the tenant a notice 5
requiring the tenant to remedy the default or vacate the premises on or before a date 6
at least 5 days after the giving of the notice, and if the tenant fails to comply with such 7
notice. A tenant is deemed to be complying with the notice if promptly upon receipt 8
of such notice the tenant takes reasonable steps to remedy the default and proceeds 9
with reasonable diligence, or if damages are adequate protection for the landlord and 10
the tenant makes a bona fide and reasonable offer to pay the landlord all damages 11
for the tenant's breach. If within one year from the giving of any such notice, the 12
tenant again commits waste or breaches the same or any other covenant or condition 13
of the tenant's lease, other than for payment of rent, the tenant's tenancy is 14
terminated if the landlord, prior to the tenant's remedying the waste or breach,
the tenant notice to vacate on or before a date at least 14 days after the giving of the 16
704.17 (3m) of the statutes is created to read:
704.17 (3m) Criminal activity.
(a) In this subsection:
1. "Controlled substance" has the meaning given in s. 961.01 (4).
2. "Drug-related criminal activity" means criminal activity that involves the 21
manufacture or distribution of a controlled substance. "Drug-related criminal 22
activity" does not include the manufacture, possession, or use of a controlled 23
substance that is prescribed by a physician for the use of a disabled person, as defined 24
in s. 100.264 (1) (a), and that is manufactured by, used by, or in the possession of the
disabled person or in the possession of the disabled person's personal care worker or 2
(b) 1. Notwithstanding subs. (1) (b), (2) (b), and (3) (a), and except as provided 4
in par. (c), a landlord may, upon notice to the tenant, terminate the tenancy of a 5
tenant, without giving the tenant an opportunity to remedy the default, if the tenant, 6
a member of the tenant's household, or a guest or other invitee of the tenant or of a 7
member of the tenant's household engages in any criminal activity that threatens the 8
health or safety of, or right to peaceful enjoyment of the premises by, other tenants; 9
engages in any criminal activity that threatens the health or safety of, or right to 10
peaceful enjoyment of their residences by, persons residing in the immediate vicinity 11
of the premises; engages in any criminal activity that threatens the health or safety 12
of the landlord or an agent or employee of the landlord; or engages in any 13
drug-related criminal activity on or near the premises. The notice shall require the 14
tenant to vacate on or before a date at least 5 days after the giving of the notice. The 15
notice shall state the basis for its issuance; include a description of the criminal 16
activity or drug-related criminal activity, the date on which the activity took place, 17
and the identity or description of the individuals engaging in the activity; advise the 18
tenant that he or she may seek the assistance of legal counsel, a volunteer legal clinic, 19
or a tenant resource center; and state that the tenant has the right to contest the 20
allegations in the notice before a court commissioner or judge if an eviction action is 21
filed. If the tenant contests the termination of tenancy, the tenancy may not be 22
terminated without proof by the landlord by the greater preponderance of the 23
credible evidence of the allegation in the notice.
2. To terminate a tenancy under this subsection, it is not necessary that the 25
individual committing the criminal activity or drug-related criminal activity has
been arrested for or convicted of the criminal activity or drug-related criminal 2
(c) Paragraph (b) does not apply to a tenant who is the victim, as defined in s. 4
950.02 (4), of the criminal activity.
704.17 (5) of the statutes is renumbered 704.17 (5) (a) and 6
amended to read:
(a) Provisions Except as provided in par. (b), provisions
in the lease 8
or rental agreement for termination contrary to this section are invalid except in 9
leases for more than one year.
704.17 (5) (b) of the statutes is created to read:
(b) Provisions in any lease or rental agreement for termination 12
contrary to sub. (3m) are invalid.
704.19 (2) (b) 2. of the statutes is amended to read:
(b) 2. Notwithstanding subd. 1., nothing in this section prevents 15
termination of a tenancy before the end of a rental period because of an imminent 16
threat of serious physical harm, as provided in s. 704.16, or for
criminal activity or
17drug-related criminal activity,
nonpayment of rent,
or breach of any other condition 18
of the tenancy, as provided in s. 704.17.
(title) Prohibition on imposing time-of-sale, purchase, or
(title) Requirements tied to sale, purchase, or taking occupancy
2of property prohibited.
(a) (intro.) Except as provided in par. (b), no local governmental unit 6
may by ordinance, resolution, or any other means restrict do any of the following:
the ability of an owner of real property to sell or otherwise transfer 8
title to or refinance the property by requiring the owner or an agent of the owner to 9
take certain actions with respect to the property or pay a related fee, to show 10
compliance with taking certain actions with respect to the property, or to pay a fee 11
for failing to take certain actions with respect to the property, at any of the following 12
706.22 (2) (a) 2m. of the statutes is created to read:
(a) 2m. Restrict the ability of a person to purchase or take title to real 19
property by requiring the person or an agent of the person to take certain actions with 20
respect to the property or pay a related fee, to show compliance with taking certain 21
actions with respect to the property, or to pay a fee for failing to take certain actions 22
with respect to the property, at any of the following times:
a. Before the person may complete the purchase of or take title to the property.
b. At the time of completing the purchase of or taking title to the property.
c. Within a certain period of time after completing the purchase of or taking title 2
to the property.
706.22 (2) (a) 3m. of the statutes is created to read:
(a) 3m. Restrict the ability of a purchaser of or transferee of title to 7
residential real property to take occupancy of the property by requiring the 8
purchaser or transferee or an agent of the purchaser or transferee to take certain 9
actions with respect to the property or pay a related fee, to show compliance with 10
taking certain actions with respect to the property, or to pay a fee for failing to take 11
certain actions with respect to the property, at any of the following times:
a. Before the purchaser or transferee may take occupancy of the property.
b. At the time of taking occupancy of the property.
c. Within a certain period of time after taking occupancy of the property.
(b) (intro.) Paragraph (a) does not prohibit do any of the following:
a local governmental unit from requiring a real property owner or 19
the owner's agent to take certain actions with respect to the property not in 20
connection with the purchase,
or refinancing of, or the transfer of title to, the 21
706.22 (2) (b) 2. of the statutes is created to read:
(b) 2. Prohibit a local governmental unit from enforcing, or otherwise 24
affect the responsibility, authority, or ability of a local governmental unit to enforce,
a federal or state requirement that does any of the things a local governmental unit 2
is prohibited from doing under par. (a).
If a local governmental unit has in effect on July 14, 2015, an 6
ordinance, resolution, or policy that is inconsistent with sub. (2) (a) 1m.
, the 7
ordinance, resolution, or policy does not apply and may not be enforced.
706.22 (3) (b) of the statutes is created to read:
If a local governmental unit has in effect on the effective date of 10
this paragraph .... [LRB inserts date], an ordinance, resolution, or policy that is 11
inconsistent with sub. (2) (a) 2m. or 3m., the ordinance, resolution, or policy does not 12
apply and may not be enforced.
800.035 (1) of the statutes is amended to read:
A defendant may make an initial appearance in person or by 15
submitting a written response to the citation or complaint except when the judge has 16
required an appearance under s. 800.02 (2) (ag) 4. For the purposes of this section,
17if a defendant is a limited liability company, the defendant appears in person if the
18appearance is by a member, as defined in s. 183.0102 (15), by an agent or authorized
19employee of the defendant, or by an agent of the member or an authorized employee
20of the agent.
943.14 of the statutes is renumbered 943.14 (2) and amended to 22
Whoever intentionally enters or remains in
the dwelling of another 24
without the consent of some person lawfully upon the premises or, if no person is
25lawfully upon the premises, without the consent of the owner of the property that
1includes the dwelling
, under circumstances tending to create or provoke a breach of 2
the peace, is guilty of a Class A misdemeanor.
943.14 (1) of the statutes is created to read:
In this section, "dwelling" means a structure or part of a structure 5
that is used or intended to be used as a home or residence by one or more persons to 6
the exclusion of all others. For the purposes of this section, a dwelling meets that 7
definition regardless of whether the dwelling is currently occupied by a resident.
(1) The treatment of sections 704.17 (3m) and 704.19 (2) (b) 2. of the statutes 10
first applies to criminal activities or drug-related criminal activities that are 11
committed on the effective date of this subsection.
(2) The creation of section 704.17 (5) (b) of the statutes first applies to leases 13
and rental agreements that are entered into or renewed on the effective date of this 14