A bill recently signed into law by current Wisconsin Governor Scott Walker (http://goo.gl/dEh6a) disproportionately targets low
income residents and students. The
following table illustrates some of
the major changes to Wisconsin law:
|
Wisconsin
Statute
|
Old
Law
|
New
Law
|
|
704.05(5)(a)
|
If
a tenant’s personal property is left in the apartment, the landlord must but
it in storage and notify the tenants.
The landlord can charge the tenant storage costs and only has to store
property for 30 days.
|
If
a tenant’s personal property is left in the apartment, the landlord can
presume it is abandoned and dispose of it or sell it immediately without
notice to the tenant. The exception is
a seven day hold period for medicine and medical supplies. | 704.28
|
New
statute
|
Landlord’s
get increased discretion to withhold repaying security deposits. Specifically, they can deduct unpaid utility and rental payments
from security deposits. A landlord can also deduct any other payment it wants
as long as it is marked “nonstandard rental provisions” in the written
document. | 704.44
|
New
statute
|
Tenants
must pay landlord’s attorney fees in any lawsuit involving a rental agreement
(lease) unless a court order specifically states otherwise (as justified under
another statute).
|
|
704.95
|
New
statute
|
Limits
the ability of the Wisconsin Justice Department division in charge consumer
protection to issue orders and rules to protect consumers from predatory
landlords.
|
|
704.02
|
New
statute
|
Makes
Rental Agreements severable. In other words, a landlord can now include
illegal/unenforceable sections in a lease, and even if that section is
challenged and struck by a court, the rest of the lease can still be upheld,
not constituting a break of the lease by the landlord.
|
There
is no need for such legislation; it is claiming to solve a problem—a problem
which does not exist—while it is clearly a power grab by a special interest
group (landlords) who are better organized and have more funds for influencing
politicians than the group marginalized by these inane laws (low to medium
income families and students).
Walker
stated that the law will help local governments operate more effectively. What the law does is limit the power of local
officials by constructing a notice requirement that tenants must provide
written notification to landlords before they can complain to the local
government, and the local governments cannot stop evictions (Wisconsin Stat. s.
66.1010).
These
changes are not “reasonable” as the Walker camp calls them, but an
unfortunately unsurprising power grab aimed at weakening the middle class.
Citations/Reference Material Wisconsin
Legislature
Milwaukee
Journal Sentinel
Wisconsin
Public Radio
Pierce
County Herald | 
