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AB704,,112023 ASSEMBLY BILL 704
November 27, 2023 - Introduced by Representatives Clancy, Madison, Ratcliff, Palmeri, C. Anderson, J. Anderson, Baldeh, Cabrera, Considine, Drake, Emerson, Hong, Jacobson, Moore Omokunde, Shelton, Sinicki, Snodgrass and Stubbs, cosponsored by Senators Larson and Roys. Referred to Committee on Judiciary.
AB704,,22An Act to repeal 799.40 (1s) of the statutes; relating to: the defense of waiver in eviction actions.
AB704,,33Analysis by the Legislative Reference Bureau
Current law provides that, in a small claims eviction action, it is not a defense to the action that the landlord or tenant has previously waived a breach of the rental agreement, including by accepting late rent payments, or that a custom or practice developed between the landlord and tenant so as to waive the right of the landlord or tenant to insist upon strict performance of the terms of the rental agreement. This bill eliminates that prohibition on the defense of waiver.
AB704,,44The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB704,15Section 1. 799.40 (1s) of the statutes is repealed.
AB704,,66(end)
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