The repeal of this law would allow landlords and tenants the possibility to argue in eviction cases that prior actions—such as accepting late payments—can constitute a waiver of the strict terms of their rental agreements. This could significantly affect eviction proceedings, as it introduces a layer of complexity regarding past interactions between landlords and tenants. It may provide tenants with a stronger defense against eviction, particularly in cases where informal agreements or understandings have been reached over time.
Summary
Assembly Bill 704, introduced in the 2023-2024 legislative session, seeks to repeal a specific provision in the Wisconsin statutes concerning the defense of waiver in eviction actions. Currently, under Wisconsin law, it is maintained that landlords or tenants cannot defend against eviction actions on the grounds that either party has previously waived a breach of the rental agreement. This includes scenarios where a landlord has accepted late rent payments, suggesting that such acceptance constitutes a waiver of strict performance on the terms outlined in the rental agreement.
Contention
Notably, discussions around AB704 may spark contention between landlord associations and tenant advocacy groups. Supporters of the repeal believe it safeguards landlords’ rights to enforce agreements without being hindered by past practices. They argue that it reinforces rent collection policies. Conversely, tenant advocates may argue that the repeal creates a power imbalance favoring landlords, potentially leading to unfair eviction practices as tenants could lose defenses that have previously protected them from punitive actions based on prior leniency from landlords.
Creating an Office of Civil Legal Aid to be overseen by a Civil Legal Aid Board, providing a right to the appointment of counsel at state expense for residential tenants in eviction actions, and making an appropriation. (FE)
Creating an Office of Civil Legal Aid to be overseen by a Civil Legal Aid Board, providing a right to the appointment of counsel at state expense for residential tenants in eviction actions, and making an appropriation. (FE)