The Wisconsin Landlord Tenant Law Omnibus bill was signed into law by Governor Scott Walker around 4 PM March 21st, 2012. You must be in compliance with the provisions for tenancies entered into beginning April 1st.
One thing the bill does is add a new prohibited lease provision:
704.44 Rental Residential rental agreement that to contains certain provisions is void. (intro.) Notwithstanding s. 704.02, a residential rental agreement is void and unenforceable if it does any of the following:
…(9) Allows the landlord to terminate the tenancy of a tenant if a crime is committed in or on the rental property, even if the tenant could not reasonably have prevented the crime
For those of us with Crime Free provisions in our agreements this appears problematic. We discussed this with our attorneys and believe the following underlined change to our crime free lease language may meet the new law. Note: This is not underlined in the copy given to the tenants.
Our new agreement also limits activity to that which occurs on the property, rather than near the property. I still think an owner should be able to evict tenants that are disrupting the neighborhood, but behave at home. We’ll leave that fight for another day.
Our new provision:
USE: Premises may only be used for residential purposes Operating a business or providing child care for children not listed on this agreement is prohibited.
Tenant may not permit activities at the premises which unreasonably interferes with other tenants or neighbors. This includes, but is not limited to loud music and loud parties. TENANT SHALL NOT CONDUCT NOR ALLOW OTHERS TO CONDUCT ILLEGAL ACTIVITIES UPON THE PREMISES INCLUDING BUT NOT LIMITED TO THE SALE OF DRUGS.
Tenant, any member of the Tenant’s household, or a guest or other person under the Tenant’s control shall not engage in criminal activity, including drug-related criminal activity, on or near property premises. “Drug-related criminal activity” means the illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell distribute or use a controlled substance (as defined in section 102 of the Controlled Substance Ace (21 U.S.C.812).
Tenant or members of the Tenant’s household, or a guest or other person under the Tenant’s control shall not engage in any act intended to facilitate criminal activity including drug-related criminal activity, regardless of whether the individual engaging in such activity is a member of the household or guest.
Tenant or members of the household will not permit the dwelling unit to be used for, or to facilitate, criminal activity, including drug-related criminal activity, regardless of whether the individual engaging in such activity is a member of the household or a guest.
Tenant or member of the household will not engage in the manufacture, sale, possession or distribution of illegal drugs on property or premises.
Tenant, any member of the Tenant’s household, or a guest or other person under the Tenant’s control, shall not engage in acts of violence or threats of violence, including but not limited to, the unlawful discharge of firearms, on property or premises.
A SINGLE VIOLATION OF THIS SECTION SHALL BE MATERIAL VIOLATION OF THE RENTAL AGREEMENT AND GOOD CAUSE FOR TERMINATION OF TENANCY UNLESS THE TENANT COULD NOT REASONABLY HAVE PREVENTED THE CRIME. Unless otherwise provided by law, proof of violation shall not require criminal conviction, but shall be by a preponderance of the evidence.
So with this new law, what as landlords do we need to do. Have you drafted a new lease? But as I understand if they themselves commit the crime (drug.gang related) it is against our jurisdiction not to evict. What do we do in these situations?