Assembly Bill 202 aims to amend existing laws regarding residential rental agreements in Wisconsin, specifically addressing voidable provisions within these agreements. The bill stipulates that if a court finds a residential lease contains a voidable provision, tenants have the option to either void the lease and transition to a periodic tenancy or sever the problematic provision while maintaining the rest of the lease. The bill also clarifies that certain provisions, such as those allowing landlords to terminate leases based on tenant actions related to law enforcement or safety services, are considered voidable. Additionally, it establishes that the Wisconsin Consumer Act does not apply to residential leases or mobile home leases.
Furthermore, the bill introduces a new section, 704.445, which outlines the remedies available to tenants affected by voidable provisions. Tenants can seek damages for pecuniary losses caused by these provisions, with the potential to recover twice the amount of their losses, excluding any rent paid. The bill limits the remedies available to those specified within it, ensuring that tenants are aware of their rights and options when faced with voidable provisions in their rental agreements.
Statutes affected: Bill Text: 704.44(intro.), 704.44, 704.44(1m)(intro.), 704.44(9), 704.44(10)