An Act to amend 704.01 (5) of the statutes; Relating to: the definition of tenant at will.
Summary
AB1197 would amend Wisconsin’s landlord-tenant law in chapter 704 by changing the definition of “tenant at will.” Under current law, a person who possesses real property under an employment contract is excluded from that definition. The bill removes that exclusion, meaning someone living on property under an employment contract could be treated as a tenant at will if the other elements of that status are met.
In practical terms, the bill narrows the statutory carve-out for employment-based occupancy arrangements and could bring more employer-provided housing situations within the scope of Wisconsin’s landlord-tenant protections and obligations. The bill does not create a new tenancy category, but it changes who is excluded from chapter 704’s coverage, which may affect rights and duties related to notice, possession, and eviction procedures depending on the circumstances of the occupancy.
Impact
The bill would amend s. 704.01 (5) of the Wisconsin Statutes, altering the definition of “tenant at will” by deleting the language that excludes persons holding possession of real property under an employment contract. This would potentially subject some employment-related housing arrangements to chapter 704’s landlord-tenant rules, affecting employers, employees, property owners, and tenants in situations where housing is tied to employment. The bill was introduced and referred to the Assembly Committee on Housing and Real Estate, but it ultimately failed to pass pursuant to Senate Joint Resolution 1.
Sentiment
The available record shows limited public or committee debate, so there is no detailed transcript evidence of support or opposition. The bill’s introduction by multiple Assembly members suggests at least some legislative interest in clarifying or expanding tenant protections in employment-linked housing situations. However, because it failed to pass, the overall outcome indicates insufficient support to advance the proposal through the legislative process.
Contention
The main point of contention is likely the treatment of employer-provided housing and whether people occupying property under an employment contract should be covered by landlord-tenant law. Supporters would likely view the change as a way to ensure clearer tenant protections and avoid excluding residents simply because their housing is tied to work. Opponents may be concerned that removing the exclusion could blur the line between employment arrangements and tenancy, creating additional obligations for employers or property owners and complicating workplace housing relationships.
Housing: landlord and tenants; cross-reference to the revised statutes of 1846; remove. Amends sec. 6 of 1978 PA 454 (MCL 554.636). TIE BAR WITH: SB 21'25, SB 19'25
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)