A bill currently circulating at the Capitol would change tenant law to standardize some of the processes associated with move-in, but some critics are characterizing the plan as an effort to encroach on decades of work for tenants’ rights.
The bill, sponsored by Rep. Duey Stroebel, R-Saukville, and Sen. Frank Lasee, R-De Pere, proposes several measures of concerning tenants, including a clause that would extend the time landlords can return security deposits and would give them the ability to sell abandoned belongings.
Rob Kovach, Lasee’s chief of staff, said the bill aims to standardize rules that apply between tenants and landlords across the state, which would avoid potential litigation and conflict in the future.
Tenant Resource Center Executive Director Brenda Konkel said the legislation, which is currently being circulated within the Legislature on its way to committees, would remove several rights that serve to protect tenants.
University of Wisconsin law professor Mitch said the bill, despite being labeled as a modernization tool for current legislation, would effectively roll back tenant laws that have been in place for more than 30 years.
“It’s advertised as revising the landlord-tenant laws because they’re in need of updating, and they say the bill will modernize the language,” Mitch, who only goes by his first name, said. “I found that particularly ironic because it actually takes away tenant rights to the point of going back in time at least 30 years.”
Mitch said under a current Wisconsin administrative code, landlords are required to return security deposits to tenants within 21 days after the tenants have moved out. He said Stroebel’s bill does not mandate a time frame to return security deposits, and it also does not require landlords to provide an itemized list explaining any deductions from a tenant’s deposit.
Mitch said while the bill does not directly remove the time frame and checklist requirements, if voted into law it would trump the administrative code and render the requirements null.
The bill also addresses property left behind by tenants and would allow landlords to either sell or dispose of the property without providing notice to the tenant. Upon selling the property, the landlords could then pocket the profit.
According to Mitch, current laws require that landlords place left-behind property in storage for a specified time frame and provide notice to the owner. Once the allotted time has passed, landlords may sell the property and spend the profit on storage costs, but any left-over money must be donated to a state program that funds affordable housing, Mitch said.
Konkel cited several other areas of concern with the bill, including removal of certain court fee compensations, discrimination against tenants based on criminal records and income, and reduction in the period of time that a landlord must give tenants notice before showing their unit.
Ald. Scott Resnick, District 8, said while most of the bill’s content is a cause for concern, there could be some positive aspects.
“One of the positive sides is they would ask for standardized check-in forms, and would have property owners notified of any violations to their building,” Resnick said.
Standardized check-in forms would be used to allow tenants to take note of the condition of the premises at the time of the tenants’ check-in and avoid charges at the end of their lease for prior damage to the unit, he said.
Konkel said the bill would likely be introduced within the next week in the Legislature and referred to a committee for further review.
