Apr 28

Wisconsin’s Act 143 Landlord Omnibus bill has been of great concern to owners that have read the content as well those who have read the Legislative Council memo on the bill.

AASEW Attorney Heiner Geise had researched this a bit and came to the conclusion it is not quite as bad as originally thought.  He received an opinion consistent with his view from the Leg Council.

The first clarification is items not in the Rules (ATCP 143) cannot cause an owner to pay double damages and attorney fees.

Knowledgeable owners should be able to successfully defend attempts to collect consumer protection damages for items not in 134.  The typical owner would not fair as well unless the courts are educated on this.   Unfortunately the way the bill was written it will be an uphill battle educating Commissioners and Judges on the distinction.

We also must be ever diligent to proposed changes to ATCP 134 as the new language makes it permissible to include other aspects of the statute into new rules.

Heiner was also able to get the Leg Council to concur with his reading of the requirements to disclose code violations.

Read Heiner’s letter to the Leg Council and their reply.

Note that none of this clarification changes the need to modify your leases to comply with Wisconsin’s new landlord tenant law.

 

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