Notwithstanding s.
704.02,
Stats., a rental agreement is void and unenforceable if it does any of the
following:
(1)Allows a landlord to do
any of the following because a tenant has contacted an entity for law
enforcement services, health services, or safety services:
(a) Increase rent.
(b) Decrease services.
(c) Bring an action for possession of the
premises.
(d) Refuse to renew a
rental agreement
(e) Threaten to
take any action under pars. (a) to (d).
(2)Authorizes the eviction or exclusion of a
tenant from the premises, other than by judicial eviction procedures as
provided under ch. 799, Stats.
(3)Provides for an acceleration of rent
payments in the event of tenant default or breach of obligations under the
rental agreement, or otherwise waives the landlord's obligation to mitigate
damages as provided under s.
704.29,
Stats.
(4)Requires payment by the
tenant of attorney fees or costs incurred by the landlord in any legal action
or dispute arising under the rental agreement. This subsection does not prevent
a landlord or tenant from recovering costs or attorney fees under a court order
under ch. 799 or 814, Stats.
(5)Authorizes the landlord or an agent of the
landlord to confess judgment against the tenant in any action arising under the
rental agreement.
(6)States that
the landlord is not liable for property damage or personal injury caused by
negligent acts or omissions of the landlord. This subsection does not affect
ordinary maintenance obligations of a tenant under s.
704.07,
Stats., or of a tenant under a rental agreement or other written agreement
between the landlord and the tenant.
(7)Imposes liability on a tenant for any of
the following:
(a) Personal injury arising
from causes clearly beyond the tenant's control.
(b) Property damage caused by natural
disasters, or by persons other than the tenant or the tenant's guests or
invitees. This paragraph does not affect ordinary maintenance obligations of a
tenant under s.
704.07,
Stats., or of a tenant under a rental agreement or other written agreement
between the landlord and the tenant.
(8)Waives any statutory or other legal
obligation on the part of the landlord to deliver the premises in a fit or
habitable condition, or to maintain the premises during the tenant's
tenancy.
(9)Allows the landlord to
terminate the tenancy of a tenant based solely on the commission of a crime in
or on the rental property if the tenant, or someone who lawfully resides with
the tenant, is a victim, as defined in s.
950.02(4),
Stats., of that crime.
(10)Allows
the landlord to terminate the tenancy of a tenant for a crime committed in
relation to the rental property and the rental agreement does not include the
notice required under s.
704.14,
Stats.
Notes
Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection
ATCP 134.08
Cr. Register, February,
1980, No. 290, eff. 5-1-80; correction in (1) and (3) made under s. 13.93(2m), (b) 7., Stats., Register, August, 1990, No. 416; am. (7), Register, December,
1998, No. 516, eff. 1-1-99.
Amended by,
CR 14-038: r. and recr.
Register
August 2015 No. 716, eff.11/1/2015
A provision requiring the tenant to pay for professional
carpet cleaning, in the absence of negligence or improper use by the tenant,
does not render a rental agreement void under sub. (7). Because routine carpet
cleaning is not a statutorily-imposed obligation of a landlord, assigning this
responsibility to a tenant through a contractual provision does not render a
rental agreement void. OAG 4-13.
