First up, courtesy of Representative Stroebel, who just happens to be a landlord himself (coincidence, I'm sure), we have SB466 and AB561(which doesn't seem to be online yet). The most dangerous part of this bill, according to a lawyer, is that:
Currently, what a landlord may deduct from a tenant's security deposit when the tenant vacates the premises is specified, not in the statutes, but in the Wisconsin Administrative Code (Code). The bill incorporates the Code provisions into the statutes and thus provides that a landlord may deduct amounts from a security deposit for tenant damage to the premises, unpaid rent, unpaid utility services for which the tenant was responsible, any unpaid monthly municipal permit fees, and any other reason provided in a nonstandard rental provision to which the tenant has agreed. A landlord specifically may not deduct amounts from a security deposit for normal wear and tear.
Currently the Administrative Code allows the tenant some defense in form of double damages when a landlord acts illegally. Moving this into the state statues would remove enforcement/punishment power on the part of the state.
The Wisconsin Alliance for Tenant's Rights summarizes the bill as:
What the bill would do:
- Remove the right of local cities and counties from prohibiting 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.
Next up, we have another proposed bill from Representative Honandel, LRB 2098. Short summary: Don't think of even getting a ticket while renting or the landlord will have cause to evict you. In fact, there's concern that if someone comes into your apartment and beat you up (AKA domestic violence, burglary, etc.), the landlord can evict you.
The combined effect of Act 108, SB466/AB561, LRB 2098 would be to give landlords unprecedented power to get rid of tenants, even for causes unrelated to their residency in the unit. In fact, the language is so broad that it'd be very easy for a disapproving landlord to get rid of a tenant who would otherwise be protected under either Fair Housing Act or Wisconsin's Open Housing law.
Landlords already have a set of tools available to them to get rid of problem tenants. Those tools can be cumbersome at times, but tenants are protected from bad landlords this way, in a small way. But those actions would dramatically change the checks and balances in the landlord-tenant relationship. My frustration with many landlord-advocates is that many flatly refused to admit, in discussions, that there are such a thing as bad landlords. Apparently those legislators don't acknowlege that, either.
AB 561 apparently is already scheduled for a hearing, despite being newly introduced and not even available online yet. Senate version to follow same day. Think about it. Introduced on the 13th, hearing already scheduled on the 15th, while many other bills (cough *jobs bills* cough) languish in committees.
Assembly Housing Committee Hearing
2/15 11am 400 Northeast State Capitol
Senate Insurance and Housing Committee Hearing and Possible Vote
... Wednesday, February 15, 2012
2:05 PM
201 Southeast
State Capitol
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