Read the full stored bill text
Wisconsin Legislature: AB202: Text as Enrolled
Skip navigation
Home
Documents
Senate
Assembly
Committees
Service Agencies
Docs
Options
Help
2025 Biennium
Statutes
Admin. Rules
Indices
Miscellaneous
Archives
Home
Bill, Rule, and Appointment Histories
Senators
Representatives
Committees
Text of Introduced Proposals
Amendment Text
Acts
Veto Messages
Enrolled Bills
Votes
Assembly and Senate Floor Calendars
Schedule of Committee Activities
Assembly and Senate Journals
Committee Records (ROCPs)
Legislative Rules
All Session-Related Documents
Subject Index to Acts
Subject Index to Legislation
Subject Index to Journals
Author Index to Legislation
Subject Index to Clearinghouse Rules
Miscellaneous Budget Documents
Executive Orders
Rulings of the Chair
Wisconsin Supreme Court Rules
Opinions of the Attorney General
Town Law Forms
Law
Districts
Session
Drafting Files
Feeds
Preferences
Show tree
Hide tree
Feedback
Help
Home
Senate Home
Senators
Committees
Session
Chief Clerk
Sergeant at Arms
Civics Education
Human Resources
Assembly Home
Representatives
Committees
Session
Chief Clerk
Sergeant at Arms
Human Resources
Schedule
Joint
Senate
Assembly
Study
Legislative Audit Bureau
Legislative Council
Legislative Fiscal Bureau
Legislative Human Resources Office
Legislative Reference Bureau
Legislative Technology Services Bureau
Menu
»
2025
»
Related Documents
»
Vetoed in Full
»
AB202: Text as Enrolled
Up
Up
Date of enactment:
2025 Assembly Bill 202
Date of publication*:
2025 WISCONSIN ACT
An Act
to amend
704.44 (intro.), 704.44 (1m) (intro.), 704.44 (2m), 704.44 (3m), 704.44 (4m), 704.44 (5m), 704.44 (6), 704.44 (7) (intro.), 704.44 (8), 704.44 (9) and 704.44 (10);
to create
421.103 (5) and 704.445 of the statutes;
relating to:
voidable provisions in residential rental agreements and the application of the Wisconsin Consumer Act to residential rental agreements.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB202,1
Section
1
.
421.103 (5) of the statutes is created to read:
421.103
(5)
Chapters 421 to 427 do not apply to residential rental agreements governed under s. 710.15 or ch. 704.
AB202,2
Section
2
.
704.44 (intro.) of the statutes is amended to read:
704.44
Residential rental agreement that contains certain provisions
is void
.
(intro.) Notwithstanding s. 704.02,
a residential rental agreement is void and unenforceable if it
and subject to s. 704.445, a tenant may elect to void a residential rental agreement, or sever a prohibited provision from a residential rental agreement, if the residential rental agreement
does any of the following
, all of which are prohibited provisions for purposes of this section and s. 704.445
:
AB202,3
Section
3
.
704.44 (1m) (intro.) of the statutes is amended to read:
704.44
(1m)
(intro.)
Allows
By its express language specifically authorizes
a landlord to do any of the following because a tenant has contacted an entity for law enforcement services, health services, or safety services:
AB202,4
Section
4
.
704.44 (2m) of the statutes is amended to read:
704.44
(2m)
Authorizes
By its express language specifically authorizes
the eviction or exclusion of a tenant from the premises, other than by judicial eviction procedures as provided under ch. 799.
AB202,5
Section
5
.
704.44 (3m) of the statutes is amended to read:
704.44
(3m)
Provides
By its express language specifically provides
for an acceleration of rent payments in the event of tenant default or breach of obligations under the rental agreement, or otherwise waives the landlord’s obligation to mitigate damages as provided in s. 704.29.
AB202,6
Section
6
.
704.44 (4m) of the statutes is amended to read:
704.44
(4m)
Requires
By its express language specifically requires
payment by the tenant of attorney fees or costs incurred by the landlord in any legal action or dispute arising under the rental agreement. This subsection does not prevent a landlord or tenant from recovering costs or attorney fees under a court order under ch. 799 or 814.
AB202,7
Section
7
.
704.44 (5m) of the statutes is amended to read:
704.44
(5m)
Authorizes
By its express language specifically authorizes
the landlord or an agent of the landlord to confess judgment against the tenant in any action arising under the rental agreement.
AB202,8
Section
8
.
704.44 (6) of the statutes is amended to read:
704.44
(6)
States
By its express language specifically states
that the landlord is not liable for property damage or personal injury caused by negligent acts or omissions of the landlord. This subsection does not affect ordinary maintenance obligations of a tenant under s. 704.07 or assumed by a tenant under a rental agreement or other written agreement between the landlord and the tenant.
AB202,9
Section
9
.
704.44 (7) (intro.) of the statutes is amended to read:
704.44
(7)
(intro.)
Imposes
By its express language specifically imposes
liability on a tenant for any of the following:
AB202,10
Section
10
.
704.44 (8) of the statutes is amended to read:
704.44
(8)
Waives
By its express language specifically waives
any statutory or other legal obligation on the part of the landlord to deliver the premises in a fit or habitable condition or to maintain the premises during the tenant’s tenancy.
AB202,11
Section
11
.
704.44 (9) of the statutes is amended to read:
704.44
(9)
Allows
By its express language specifically authorizes
the landlord to terminate the tenancy of a tenant based solely on the commission of a crime in or on the rental property if the tenant, or someone who lawfully resides with the tenant, is the victim, as defined in s. 950.02 (4), of that crime.
AB202,12
Section
12
.
704.44 (10) of the statutes is amended to read:
704.44
(10)
Allows
By its express language specifically authorizes
the landlord to terminate the tenancy of a tenant for a crime committed in relation to the rental property and the rental agreement does not include the notice required under s. 704.14.
AB202,13
Section
13
.
704.445 of the statutes is created to read:
704.445
Remedies for voidable residential rental agreements.
(1)
If a tenant elects to void the tenant’s residential agreement under s. 704.44, the tenant’s tenancy shall become a periodic tenancy, as defined under s. 704.01 (2), and the tenant shall be responsible for the payment of rent, utilities, parking, and other charges under terms and conditions identical to the terms and conditions as set forth in the original residential rental agreement, but not including a provision described under s. 704.44 (1m) to (10).
(2)
If a tenant elects to sever a prohibited provision from his or her residential rental agreement as provided under s. 704.44, the unsevered portion of the residential rental agreement shall be given full effect.
(3)
A tenant’s election to void or sever a prohibited provision from his or her residential rental agreement as provided under s. 704.44 is effective upon the tenant giving notice of the election to the landlord in the same manner as specified in s. 704.21 (2).
(4)
A person suffering pecuniary loss directly caused by a residential rental agreement’s inclusion of a provision described under s. 704.44 (1m) to (10) may sue for damages therefor in any court of competent jurisdiction and shall recover twice the amount of such pecuniary loss, together with costs, including a reasonable attorney fee. There is a presumption that payments for rent, parking, and utilities are made by tenants in exchange for the value of the possession of the premises and usage of the utilities and are not pecuniary losses. This presumption may be rebutted by proof in the greater weight of the credible evidence that a tenant has incurred a pecuniary loss directly caused by a residential rental agreement's inclusion of a provision described under s. 704.44 (1m) to (10), and that such inclusion resulted in the amount the tenant paid to the landlord being greater than the value of the possession of the premises and usage of the utilities by the tenant.
(5)
A person suffering a pecuniary loss caused by a residential rental agreement’s inclusion of a provision described under s. 704.44 (1m) to (10) is limited to the remedies provided under this section.
Down
Down
/2025/related/vetoedinfull/ab202
true
vetoedenrolledbills
/2025/related/vetoedinfull/ab202
vetoedenrolledbills/2025/REG/AB202
vetoedenrolledbills/2025/REG/AB202
section
true
Menu
»
2025
»
Related Documents
»
Vetoed in Full
»
AB202: Text as Enrolled
×
Details for
PDF view
Link
(Permanent link)
Bookmark this location
View toggle
Go to top of document
Search in this chapter
Search in this section
Search in this agency
Search in this chapter group
Search in this chapter
Search in this section
Cross references for section
Acts affecting this section
References to this
1970 Statutes Annotations
Appellate Court Citations
Administrative Code Index
Reference lines
Clear highlighting